updated privacy and tnc #2
@ -52,8 +52,8 @@ export const footerData = {
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|||||||
{
|
{
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||||||
title: 'Contact',
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title: 'Contact',
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||||||
links: [
|
links: [
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||||||
{ text: 'Let\'s chat', href: '/contact' },
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{ text: 'Let\'s Connect', href: '/contact' },
|
||||||
{ text: 'Support', href: 'https://threefoldfaq.crisp.help/en/' },
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{ text: 'Reach Support', href: 'https://threefoldfaq.crisp.help/en/' },
|
||||||
],
|
],
|
||||||
},
|
},
|
||||||
],
|
],
|
||||||
@ -66,6 +66,6 @@ export const footerData = {
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|||||||
{ ariaLabel: 'Github', icon: 'tabler:brand-github', href: 'https://github.com/threefoldtech' },
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{ ariaLabel: 'Github', icon: 'tabler:brand-github', href: 'https://github.com/threefoldtech' },
|
||||||
],
|
],
|
||||||
footNote: `
|
footNote: `
|
||||||
A project by <a class="text-blue-600 underline dark:text-muted" href="https://github.com/threefoldtech"> ThreeFold</a> · All rights reserved.
|
A project by <a class="text-blue-600 underline dark:text-muted" href="https://threefold.io"> ThreeFold</a> · All rights reserved.
|
||||||
`,
|
`,
|
||||||
};
|
};
|
||||||
@ -3,183 +3,113 @@ title: 'Privacy Policy'
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|||||||
layout: '~/layouts/MarkdownLayout.astro'
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layout: '~/layouts/MarkdownLayout.astro'
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||||||
---
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---
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||||||
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||||||
_Last updated_: January 06, 2023
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*This privacy policy will explain how ThreeFold Movement ("companies", "we", or "us") uses the personal data we collect from you when you use our websites, including the Project INCA website.*
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||||||
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||||||
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
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### What data do we collect?
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||||||
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||||||
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy is just a Demo.
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All websites using the ThreeFold Movement Privacy Policy do not collect any data on a personal level by default. All data being processed is anonymized. When signing up for our newsletter we collect your: *email address*.
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||||||
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||||||
## Interpretation and Definitions
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**How do we collect your data?**
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||||||
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||||||
### Interpretation
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Browsing data:
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||||||
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We automatically collect data and process data when you use or view our website via your browser's cookies.
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||||||
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The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
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Newsletter Signups:
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||||||
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Collected only with your permission through our sign-up form that uses a double opt-in mechanism for you to explicitly accept.
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||||||
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||||||
### Definitions
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### How will we use your data?
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||||||
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||||||
For the purposes of this Privacy Policy:
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We use this information to monitor and analyze your use of our website and for the website's technical administration, to increase our website's functionality and user-friendliness, and to better tailor it to our visitors needs.
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||||||
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||||||
- **Account** means a unique account created for You to access our Service or parts of our Service.
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If you agree, our companies will share your data with the following partner companies so that they may offer you or us their products and services:
|
||||||
- **Company** (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AstroWind LLC, 1 Cupertino, CA 95014.
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|
||||||
- **Cookies** are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
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|
||||||
- **Country** refers to: California, United States
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|
||||||
- **Device** means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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|
||||||
- **Personal Data** is any information that relates to an identified or identifiable individual.
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|
||||||
- **Service** refers to the Website.
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|
||||||
- **Service Provider** means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
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|
||||||
- **Usage Data** refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
|
|
||||||
- **Website** refers to AstroWind, accessible from [https://astrowind.vercel.app](https://astrowind.vercel.app)
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||||||
- **You** means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
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||||||
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||||||
## Collecting and Using Your Personal Data
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* Matomo: offers us services relating to monitoring and measuring website traffic and access, creating user navigation reports, etc. All information processed here is anonymized. We run this service within our own environments. The data being processed does not leave our servers and is not shared with any thrid parties.
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||||||
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||||||
### Types of Data Collected
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* Mailerlite: offers us services relating newsletter sending and monitoring.
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||||||
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||||||
#### Personal Data
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**We do not track individual IP's or any other personal data.**
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While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
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The aforementioned processors operate independently from us and have their own privacy policy, which we strongly suggest you review. These processors may use the information collected through their services to evaluate visitors’ activity, as set out in their respective privacy policies.
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||||||
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||||||
- Usage Data
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### How do we store your data?
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||||||
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||||||
#### Usage Data
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We store the anonmyzed data in Matomo for us to research usage and improve user experience on our websites.
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||||||
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We store email addresses in Mailerlite's system.
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||||||
Usage Data is collected automatically when using the Service.
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### Marketing
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||||||
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
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We will not use your information for any (re)marketing reasons, nor send you information about products and/or services of ours or any partner companies unless you explicitly agreed to signing up for our newsletter.
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||||||
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||||||
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
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### What are your data protection rights?
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||||||
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We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
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We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
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||||||
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||||||
#### Tracking Technologies and Cookies
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#### The right to access
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||||||
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||||||
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
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You have the right to request from us copies of your personal data. We may charge you a small fee for this service.
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||||||
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||||||
- **Cookies or Browser Cookies.** A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
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#### The right to rectification
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||||||
- **Web Beacons.** Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
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||||||
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||||||
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
|
You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete information you believe is incomplete.
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||||||
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||||||
We use both Session and Persistent Cookies for the purposes set out below:
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#### The right to erasure
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||||||
- **Necessary / Essential Cookies**
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You have the right to request that we erase your personal data, under certain conditions.
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||||||
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||||||
Type: Session Cookies
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#### The right to restrict processing
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||||||
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||||||
Administered by: Us
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You have the right to request that we restrict the processing of your personal data, under certain conditions.
|
||||||
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|
||||||
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
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#### The right to object to processing
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||||||
|
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||||||
- **Cookies Policy / Notice Acceptance Cookies**
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You have the right to object to our companies' processing of your personal data, under certain conditions.
|
||||||
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||||||
Type: Persistent Cookies
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#### The right to data portability
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||||||
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||||||
Administered by: Us
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You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
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||||||
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Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
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If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us:
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||||||
|
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||||||
- **Functionality Cookies**
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* email: dataprivacy@threefold.io
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||||||
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||||||
Type: Persistent Cookies
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### What are cookies?
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||||||
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Administered by: Us
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Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.
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||||||
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||||||
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
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For further information, visit: http://allaboutcookies.org/
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||||||
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||||||
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
|
### How do we use cookies?
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||||||
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||||||
## Use of Your Personal Data
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We use cookies in a range of ways to improve your experience on our website, including:
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||||||
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||||||
The Company may use Personal Data for the following purposes:
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* understanding how you use our website
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||||||
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- **To provide and maintain our Service**, including to monitor the usage of our Service.
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* for the websites technical administration
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- **To manage Your Account:** to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
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- **For the performance of a contract:** the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
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||||||
- **To contact You:** To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
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||||||
- **To provide You** with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
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||||||
- **To manage Your requests:** To attend and manage Your requests to Us.
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||||||
- **For business transfers:** We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
|
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- **For other purposes**: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
|
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||||||
|
|
||||||
We may share Your personal information in the following situations:
|
### What types of cookies do we use?
|
||||||
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||||||
- **With Service Providers:** We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
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There are a number of different types of cookies, however, our websites use:
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||||||
- **For business transfers:** We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
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||||||
- **With Affiliates:** We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
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- **With business partners:** We may share Your information with Our business partners to offer You certain products, services or promotions.
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||||||
- **With other users:** when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
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||||||
- **With Your consent**: We may disclose Your personal information for any other purpose with Your consent.
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||||||
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||||||
## Retention of Your Personal Data
|
* Functionality - Our companies use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and the location you are in. A mix of first-party and third-party cookies are used.
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||||||
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The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
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* No Advertising - Our companies use these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. However, we will not share this data with third parties for advertising purposes.
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||||||
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||||||
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
|
* Analytics cookies - Our companies use these to monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.
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||||||
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||||||
## Transfer of Your Personal Data
|
### How to manage cookies
|
||||||
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Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
|
You can set your browser to not accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.
|
||||||
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Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
|
### Privacy policies of other websites
|
||||||
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The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
|
Our website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
|
||||||
|
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||||||
## Delete Your Personal Data
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### Changes to our privacy policy
|
||||||
|
|
||||||
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
|
We keep our privacy policy under regular review and places any updates on this web page.
|
||||||
|
|
||||||
Our Service may give You the ability to delete certain information about You from within the Service.
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### How to contact us
|
||||||
|
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||||||
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
|
If you have any questions about our privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
|
||||||
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Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
|
Email us at: dataprivacy@threefold.io
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||||||
## Disclosure of Your Personal Data
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||||||
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||||||
### Business Transactions
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If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
|
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#### Law enforcement
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Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
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||||||
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||||||
#### Other legal requirements
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The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
|
|
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- Comply with a legal obligation
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|
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- Protect and defend the rights or property of the Company
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|
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- Prevent or investigate possible wrongdoing in connection with the Service
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|
||||||
- Protect the personal safety of Users of the Service or the public
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|
||||||
- Protect against legal liability
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|
||||||
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|
||||||
## Security of Your Personal Data
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|
||||||
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|
||||||
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
|
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||||||
|
|
||||||
## Children's Privacy
|
|
||||||
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|
||||||
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
|
|
||||||
|
|
||||||
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
|
|
||||||
|
|
||||||
## Links to Other Websites
|
|
||||||
|
|
||||||
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
|
|
||||||
|
|
||||||
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
|
|
||||||
|
|
||||||
## Changes to this Privacy Policy
|
|
||||||
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|
||||||
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
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|
||||||
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|
||||||
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
|
|
||||||
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|
||||||
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
|
|
||||||
|
|
||||||
## Contact Us
|
|
||||||
|
|
||||||
If you have any questions about this Privacy Policy, You can contact us:
|
|
||||||
|
|
||||||
- By email: somecoolemail@domain.com
|
|
||||||
@ -3,118 +3,152 @@ title: 'Terms and Conditions'
|
|||||||
layout: '~/layouts/MarkdownLayout.astro'
|
layout: '~/layouts/MarkdownLayout.astro'
|
||||||
---
|
---
|
||||||
|
|
||||||
_Last updated_: January 06, 2023
|
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ThreeFold, doing business as ThreeFold (“ThreeFold“, “we”, “us”, or “our”), concerning your access to and use of the threefold related websites:
|
||||||
|
|
||||||
Please read these terms and conditions carefully before using Our Service.
|
The project INCA website, websites/wikis/forums ending with threefold.io, threefold.me, grid.tf, threefold.tech, TFT.com, freeflownation.org, 3bot.org, incubaid.com or consciousinternet.org or any other website as used/promoted by the ThreeFold Foundation or any other site as originating from our open-source git repository on https://github.com/threefoldfoundation, as well as any other media form, media channel, forum, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
|
||||||
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|
||||||
## Interpretation and Definitions
|
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
|
||||||
|
|
||||||
### Interpretation
|
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
|
||||||
|
|
||||||
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
|
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
|
||||||
|
|
||||||
### Definitions
|
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
|
||||||
|
|
||||||
For the purposes of these Terms and Conditions:
|
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
|
||||||
|
|
||||||
- **Affiliate** means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
|
**INTELLECTUAL PROPERTY RIGHTS**
|
||||||
|
|
||||||
- **Country** refers to: California, United States
|
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and EU competition laws, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
|
||||||
|
|
||||||
- **Company** (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AstroWind LLC, 1 Cupertino, CA 95014.
|
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
|
||||||
|
|
||||||
- **Device** means any device that can access the Service such as a computer, a cellphone or a digital tablet.
|
**USER REPRESENTATIONS**
|
||||||
|
|
||||||
- **Service** refers to the Website.
|
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
|
||||||
|
|
||||||
- **Terms and Conditions** (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement is a Demo.
|
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
|
||||||
|
|
||||||
- **Third-party Social Media Service** means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
|
**USER REGISTRATION**
|
||||||
|
|
||||||
- **Website** refers to AstroWind, accessible from [https://astrowind.vercel.app](https://astrowind.vercel.app)
|
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
|
||||||
|
|
||||||
- **You** means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
|
**PROHIBITED ACTIVITIES**
|
||||||
|
|
||||||
## Acknowledgment
|
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
|
||||||
|
|
||||||
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
|
As a user of the Site, you agree not to:
|
||||||
|
|
||||||
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
|
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
|
||||||
|
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
|
||||||
|
- Engage in unauthorized framing of or linking to the Site.
|
||||||
|
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
|
||||||
|
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
|
||||||
|
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
|
||||||
|
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
|
||||||
|
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
|
||||||
|
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
|
||||||
|
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
|
||||||
|
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
|
||||||
|
- Use the Site in a manner inconsistent with any applicable laws or regulations.
|
||||||
|
|
||||||
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
|
**USER GENERATED CONTRIBUTIONS**
|
||||||
|
|
||||||
You represent that you are over the age of 18\. The Company does not permit those under 18 to use the Service.
|
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
|
||||||
|
|
||||||
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
|
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
|
||||||
|
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
|
||||||
|
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
|
||||||
|
- Your Contributions are not false, inaccurate, or misleading.
|
||||||
|
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
|
||||||
|
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
|
||||||
|
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 98 Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
|
||||||
|
- Your Contributions do not violate any applicable law, regulation, or rule.
|
||||||
|
- Your Contributions do not violate the privacy or publicity rights of any third party.
|
||||||
|
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
|
||||||
|
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
|
||||||
|
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
|
||||||
|
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
|
||||||
|
- Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. CONTRIBUTION LICENSE
|
||||||
|
|
||||||
## Links to Other Websites
|
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
|
||||||
|
|
||||||
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
|
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
|
||||||
|
|
||||||
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
|
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
|
||||||
|
|
||||||
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
|
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
|
||||||
|
|
||||||
## Termination
|
**SOCIAL MEDIA**
|
||||||
|
|
||||||
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
|
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
|
||||||
|
|
||||||
Upon termination, Your right to use the Service will cease immediately.
|
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
|
||||||
|
|
||||||
## Limitation of Liability
|
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
|
||||||
|
|
||||||
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
|
**SUBMISSIONS**
|
||||||
|
|
||||||
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
|
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
|
||||||
|
|
||||||
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
|
**THIRD-PARTY WEBSITES AND CONTENT**
|
||||||
|
|
||||||
## "AS IS" and "AS AVAILABLE" Disclaimer
|
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
|
||||||
|
|
||||||
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
|
**SITE MANAGEMENT**
|
||||||
|
|
||||||
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
|
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
|
||||||
|
|
||||||
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
|
**PRIVACY POLICY**
|
||||||
|
|
||||||
## Governing Law
|
We care about data privacy and security. Please review our Privacy Policy.
|
||||||
|
|
||||||
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
|
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
|
||||||
|
|
||||||
## Disputes Resolution
|
**TERM AND TERMINATION**
|
||||||
|
|
||||||
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
|
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
|
||||||
|
|
||||||
## For European Union (EU) Users
|
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
|
||||||
|
|
||||||
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
|
**MODIFICATIONS AND INTERRUPTIONS**
|
||||||
|
|
||||||
## United States Legal Compliance
|
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
|
||||||
|
|
||||||
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
|
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
|
||||||
|
|
||||||
## Severability and Waiver
|
**GOVERNING LAW**
|
||||||
|
|
||||||
### Severability
|
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law principles. DISPUTE RESOLUTION
|
||||||
|
|
||||||
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
|
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in courts located in Belgium, Ghent, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
|
||||||
|
|
||||||
### Waiver
|
**CORRECTIONS**
|
||||||
|
|
||||||
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
|
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
|
||||||
|
|
||||||
## Translation Interpretation
|
**DISCLAIMER**
|
||||||
|
|
||||||
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
|
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY
|
||||||
|
|
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## Changes to These Terms and Conditions
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IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. INDEMNIFICATION
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We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
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You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
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By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
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**USER DATA**
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## Contact Us
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We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
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If you have any questions about these Terms and Conditions, You can contact us:
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**ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES**
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- By email: somecoolemail@domain.com
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Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. MISCELLANEOUS
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These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
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**CONTACT US**
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In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
|
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- ThreeFold FCZ
|
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- BA1120 DMCC BUSINESS CENTRE, LEVEL NO 1, JEWELLERY & GEMPLEX 3, DUBAI, UNITED EMIRATES ARAB
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- info@threefold.io
|
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Reference in New Issue
Block a user