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Cryptorank

Terms and Conditions

TABLE OF CONTENTS:

DEFINITIONS

For the purposes of these Terms of Use the following definitions shall have the following meanings:

"Applicable Law" refers to all laws, regulations, directives, statutes, subordinate legislation, common law, and civil codes of any jurisdiction, as well as all codes of practice, statutory guidance, and policy notes having the force of law, which may apply to either party in relation to the Site exploitation or this Terms of Use, its particular provision(s), or the subject matter hereof that cannot be governed by the law contractually chosen by the parties herein. In such cases, the specific rights, obligations of the parties, or provisions of the Terms of Use shall be interpreted in accordance with the Applicable Law(s).

In relation to the Site, the Applicable Law is considered to be the law of the Republic of Estonia.

"Associated Service(s)" or the "Service(s)" refers to any service accessed through the Site via a widget or front-end interface, whether operated by the Operator or Third-Party Service Providers; all Services are governed by additional terms of use, with links to these terms provided either on the relevant page of the Site (in the relevant app, e.g., in 'Mobile CryptoRank App') or on pages operated by Third-Party Service Providers to which users are redirected via the Site.

To avoid any doubt, the Associated Service(s) includes only those explicitly integrated into the Site through its design, interface, and widgets. Any other materials, advertisements, links (in the form of 'www.' or hyperlinks), including informational content such as project and company descriptions, market analytics, and other third-party materials, are not considered part of the Service unless explicitly integrated as a separate section of the Site.

"Content" means any information, statistics, data, links, original textual, audio-visual, or other content, photographs, audio (e.g., music and other sounds), broadcasts, data, text (e.g., comments and hashtags), metadata, images, interactive elements, emojis, GIF animations, memes, or any other material whatsoever, published on the Site by the Operator.

The Site primarily focuses on crypto market insights and analytics, forming an original electronic database owned by the Operator in accordance with the Database Directive (Directive 96/9/EC) adopted by the European Union on March 11, 1996. The database consists of materials obtained, selected, and arranged from both publicly available and closed sources of data, and is protected by copyright law.

"Operator" or "We" means ChainRank Analytics OÜ, a company registered at the address: Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152.

To contact us with any questions about Cryptorank.io, please email our support team at legal@cryptorank.io or via emails specifically provided in the other sections of the Service.

"Personal Account" refers to the User's profiles created directly on the Site or via existing account on social networks or other services; the Site only has access to data provided by the User and/or public data available for each Personal Account solely for the purpose of providing Users with access to Content with access rights restrictions and Associated Services, and does not collect personal data of Users, nor does it perform analytics on User profiles or other data collection regarding Users.

"Users" collectively refer to (i) any Individual User who has successfully completed the Site registration process where required, and (ii) any other users who access any of the public sections of the Site.

"Individual Users" refer to private individuals who, in accordance with the Applicable Law or the law of their fixed abode, possess the legal capacity to adhere to and be subject to legal actions under these Terms of Use, satisfying other requirements specified in the present Terms.

"Third-Party Service Providers" means, collectively, any and all third parties unrelated to and unaffiliated with the Operator, its subsidiaries, and affiliates that are the actual operators of Third-Party Service Providers' Associated Services available via the Site; this includes Services integrated to the Site under a 'white label' license under the 'Cryptorank' branding and/or under co-branding with Third-Party Service Providers, such as (but not limited to):

'Cryptorank dApp' for Cross-chain swap, accessible via the app or at: https://app.cryptorank.io/swap;

'Cryptorank dApp' for hNFT cross-chain bridging, accessible via the app or at: https://app.cryptorank.io/hl;

and other services, such as:

  • payment service providers;
  • social networks;
  • KYC providers;
  • personal data processors, etc.

"Site" refers to the primary site https://cryptorank.io/ and all subdomains of the main domain cryptorank.io (including, where applicable and not covered by additional terms of use, subdomains of https://app.cryptorank.io/).

LEGALLY BINDING AGREEMENT

These Terms of Use constitute a legally binding agreement between the individual accessing the Site as a User and using the Site and accepting these Terms of Use and all Associated Documents as they are defined herein, including but not limited to the Privacy Policy & Cookies statement included by reference herein ("You") and the Operator (‘‘Us’’) with respect to Your access to and use of the Site, and its provisions may be enforced against You under Applicable Law. Please read and review these Terms of Use before commence using the Site. By accessing or using the Site You acknowledge that You have read, understand and agree to be legally bound by all of the provisions of these Terms of Use without any limitations whatsoever. These Terms of Use are subject to change; please review these Terms of Use each time You access and/or use the Site. You acknowledge and agree that by accessing or using the Site, You shall be deemed as having accepted the most recent version of these Terms of Use. If You do not agree to follow the provisions of and/or be bound by these Terms of Use, You may not access or use the Site in any way.

These conditions, to the extent applicable, also govern all Associated Services accessible via the Site.

ADULTS ONLY. FINANCIAL INTELLIGENCE.

The Site in general and Associated Services in particular are intended only for adults who possess sufficient financial intelligence and are independently responsible for their decisions, actions, and financial obligations, including those directly or indirectly related to the Content.

The Site, the Site Operator or Service(s) operators, and the Content providers give no guarantees regarding the information contained in the Content and bear no responsibility for the decisions and/or actions of Users made directly or indirectly based on the Content and any recommendations, suggestions, and/or analyses that may be contained in the Content.

Users must be capable individuals able to independently assess their financial risks and opportunities.

The Site is a database and does not provide financial recommendations and/or legal advice, nor is it an educational product or financial organization and does not hold any relevant licenses.

Users hereby agree to independently study the Applicable Law in their region (citizenship, residency, or otherwise applicable), including (but not limited to): cryptocurrency and digital asset regulation, currency legislation, tax legislation, rules for handling fiat and digital currency, cryptocurrencies, digital financial assets, exchange commodities, securities legislation, banking law, etc.

We strictly prohibit the use of the Associated Services by minors, incapacitated persons, and persons legally restricted in their rights to manage their property. Please note that we reserve the right to report any suspected legal violations, including those involving minors, to the appropriate law enforcement authorities. If you have reason to believe that a minor is using any Service(s), we strongly urge you to report to us any User you encounter who you believe or suspect to be under 18 years old. All reports will be reviewed as quickly as possible.

DESCRIPTION OF SERVICE

The Site exclusively provides Users with access to Content in various forms, available on different platforms, including on a paid basis under the corresponding agreement.

The Site Operator DOES NOT provide any financial, payment, or other services.

The Content consists of a series of materials published and updated by the Operator regularly at their sole discretion; these materials may include personal forecasts and opinions, estimations, market data, references to various media and other resources, and analyses conducted by individuals engaged by the Service Operator, based on their personal knowledge and practical experience.

The Content SHALL NOT be considered professional advice in any field by the User.

Users are required to independently evaluate the Content and make any decisions, including financial ones, solely at their own personal responsibility.

RESTRICTED COUNTRIES

Access to the Site and Services is expressly prohibited for Users located in the People"s Republic of China, Nepal, Bangladesh, Morocco, Algeria, Egypt, Bolivia, Afghanistan, Ghana, Iraq, Kuwait, Tunisia, North Macedonia as well as in other countries where the Site and/or its Content may be deemed illegal or subject to restriction, including those where the crypto-content may be considered unlawful.

GENERAL PROVISIONS

For the purposes of these Terms of Use the term "Site" includes but is not limited to the cryptorank.io Site itself, including: Site, Content, underlying database(s), software code, solutions, programs, algorithms, databases and hardware, associated Sites, all content available on or by means of the Site (Content), all Site design elements and all of the interactive Sites and functionality provided on or through the Site, Operator’s trademarks and any and all other elements, components and parts of the Site without any limitation.

You will be deemed using the Site anytime You access (via computer, mobile device or other device or technology) or otherwise interact or communicate with or connect to, the Site or any parts or sections thereof or interact or communicate with other Users of the Site by means and with help of the Site.

These Terms of Use apply only and exclusively to the Site and Services managed by the Operator itself, apply only to Your rights and obligations in connection with Your use of the Service and do not apply to Your use of, or rights and obligations regarding Services operated by Third-Party Service Providers, or any other software applications or Sites including but not limited to any other software applications or sites that may be integrated into the Site and offered by the Operator, its affiliates or other third parties.

By accepting these Terms of Use and agreeing to be bound by them, You agree that Your access to and use of the Site must be at all times performed in strict accordance with the following rules:

  • You must use the Site lawfully and in accordance with its designated purpose, solely and exclusively for Your personal, household or private commercial purposes;
  • Your accessing and use of the Site must be performed by You in full compliance with these Terms of Use, other applicable documents related to the Site, including but not limited to all Associated Documents as they are defined herein, and all applicable laws;
  • You must obtain any and all consents, permissions or licenses that may be required for You;
  • You must always provide true and complete information about Yourself, in cases such information is requested from You in the Site or directly by the Operator;
  • You choose to use the Site because you want to view, read, or listen to various content, including but not limited to the Site Content or content from other sources recommended by the Site team;
  • You must not perform any action listed in the "Restrictions" section of these Terms of Use.

Your access to and/or use of the Site and/or any part, feature or functionality thereof at any moment signifies Your agreement to be bound by the most recent version of these Terms of Use.

GRANT OF LICENSE TO USE SITE AND ACCESS THE CONTENT

These Terms of Use represent the license Agreement between You and the Operator, establish the principles and conditions of Your access to and use of the Site and Content as it is defined herein, which is intellectual property of the Operator, and which is developed (created) and operated by the Operator.

Subject to your compliance with these Terms, Operator grants You as a private individual a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Site via Your device(s) solely in connection with your use of the functionality of the Site and Associated Services; and (ii) to access and to watch (read) the Content and any other content, information and related materials that may be made available through the Site, in each case solely for your personal use.

Any use of the Site and Content by entities or other forms of organizations for any commercial or self-promotional purpose, including the reposting of the Content on third-party resources, must be approved in advance in writing by the Operator. This approval may require the execution of a license agreement and the payment of license fees to the Operator.

Access and Use: Users are permitted to access and use the Content available on the Site and Service(s) solely as provided by the available functionality. This includes viewing, reading, and listening to the content as intended by the Site, Service and related platforms.

Restrictions on Use: Users are expressly prohibited from:

  • Copying, reproducing, distributing, or transmitting any Content in any form or by any means without prior written permission from the Operator.
  • Modifying, adapting, translating, or creating derivative works based on the Content.
  • Sharing Content with third parties in any manner that is not explicitly allowed by the Site’s functionality.
  • Using the Content for commercial purposes without obtaining a proper license or authorization from the Operator.
  • Engaging in any activity that violates the intellectual property rights of the Operator or any third party associated with the Site, Service or Content.

Digital Rights Management: The Site may include measures to control access to the Content and prevent unauthorized copying or distribution. Users agree not to circumvent, disable, or otherwise interfere with these digital rights management measures.

Reporting Violations: Users are encouraged to report any unauthorized use of the Content or any violation of these Terms of Use to the Site or particular Service promptly.

Consequences of Violations: Any breach of these restrictions set out above may result in the immediate termination of the User’s access to the Site or particular Service without any paybacks, as well as potential legal action against the User.

SITE STATUS

The Site and the Site Operator do not act as sellers, buyers, or exchangers of virtual (digital) assets. The Site is a purely media resource that provides Content, access and use of which by Users are subject to these Terms of Use.

In case of non-compliance with the requirements of the law and these Terms of Use Users undertake to independently bear responsibility to third parties, as well as to authorized regulatory and supervisory authorities.

The Site has no control over the User generated content and is not capable to provide preliminary content filtration or censorship. The Site is a published database and not registered under any Applicable Law and does not fulfill de facto functions of either mass media or messenger.

ASSOCIATED DOCUMENTS

By accepting these Terms of Use You accept the terms of the following legal documents which regulate other matters pertaining to Your use of the Site and partially Associated Services, constitute an integral part of these Terms of Use, and are incorporated by reference herein (collectively, the "Associated Documents"):

  • Privacy Policy & Cookies Statement, available here: https://cryptorank.io/privacy-policy.
  • All terms of use, privacy statements, or other documentation related to the rules for utilizing a particular Service, app, dApp, feature, or section, which is published in the area or on the page where the User can access it via the Site’s interface.
  • In the event of purchasing any paid access/subscription, you agree to accept and enter into the relevant offer agreement by adhesion or by way of separate agreement. The specific terms of the agreement may vary depending on the particular product you are acquiring.

Acceptance of these Terms of Use by You shall constitute Your express consent to be legally bound by the terms of, inter alia, Associated Documents.

By accepting these Terms of Use You expressly agree that the Associated Documents may establish other liability for violation of their terms and undertake to conform to the terms of such Associated Documents for the full term of effect of these Terms of Use and/or the terms of effect of all such Associated Documents, whichever term of effect is longer.

By accepting these Terms of Use You expressly agree that, if the contrary is not expressly agreed between you and the Operator in the relevant written agreement, the terms of these Terms of Use and Associated Documents have legal priority over any other legal instruments and agreements (both direct and implied, notwithstanding the form of their expression) that may directly or indirectly relate to the relationship between You and the Operator.

USER ELIGIBILITY

If You are an Individual User, You must:

  • Be at least 18 years old or the higher age of majority in Your jurisdiction of residence.
  • Be permitted by the laws of the country where you are located to use the Site, Service and to use any functionality provided by it.
  • Be responsible for all Your activity.

USER REGISTRATION

We do not collect any personal information that is not publicly disclosed by the Users in their profiles. All payment information is collected directly by the payment service providers.

Depending on the features of the Site You wish to access, You may be asked to provide a different amount of data required for registration in order to use the Site or Service. You expressly agree that all of the information You provide upon registration with the Site or Service must be correct, truthful, current, and complete.

Providing misleading or false information is forbidden and constitutes a material breach of these Terms of Use. If the Operator believes that the information You provide is not correct, truthful, current, or complete, or is false or misleading, the Operator has the right to refuse, suspend or terminate Your access to this Site and/or Service or any of its functionality.

PRIVACY AND PERSONAL DATA

In specific cases, the information required to be provided in connection with Your use of the Site and/or Service may include certain personal data. Collection, use and processing of Your personal data by the Operator by the Operator are governed by the Privacy Policy & Cookies Statement, available here: https://cryptorank.io/privacy-policy. You hereby consent and agree that Your use of the Service constitutes automatic acceptance of the Privacy Policy & Cookies Statement, incorporated herein by reference.

You agree that when You provide any personal data via the Service or in connection with Your use of the Service You do so upon having reviewed and agreed to these Terms of Use and Associated Documents, that You provide Your personal data consciously and that Your personal data is collected, processed and stored basing on Your express consent and approval.

DISCLAIMER

The Сontent provided by our Site contains no financial, legal, tax, technological, or any other type of advice. It is not intended to be and should not be treated as licensed educational material. All information is provided for general informational purposes only and should not be relied upon as professional guidance. Users are encouraged to seek additional professional advice before making any decisions based on the Сontent provided by our Site.

CONTESTS, GAMES AND ADVERTISING

Certain information and materials made available to Site's Users or otherwise distributed via the Site may be classified as advertising under Applicable Law. By accepting these Terms of Use and using the Site You grant to the Operator Your express consent to view and receive advertising materials and information made available to Site's Users or otherwise distributed via the Site, notwithstanding the origin of the advertisement and of the advertising entity or individual.

By accepting these Terms of Use, You acknowledge that the Site may contain hyperlinks or references to other software applications or websites that are not maintained by, or related to, the Operator or its affiliates and over which the Operator has no control (“Third-Party Links”). The Operator may provide Third-Party Links for Users' convenience or reference, and such software applications and websites are not and shall not be viewed as sponsored or endorsed by or recommended by or affiliated with the Site or the Operator. You further acknowledge that, the Operator has no explicit or implicit obligation to review, has not reviewed and does not review the content of such software applications and websites and is not responsible for the contents of any of those software applications and websites. Accordingly, the Operator makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or software applications and websites hyper-linked to the Site, specifically disclaims any and all responsibility and liability for any content, software, functionality, websites or advertised products (goods, works or services) available via third-party software applications and websites or other Internet or mobile resources, and shall have no liability for any damages or injuries of any kind arising from the content or information of such software applications and websites, including any actual (inflicted) or potential damages or injuries suffered from infringement of third-party intellectual property rights or from purchase of the goods, works or services through Third-Party Links. You access any Third-Party Links, access to and use third-party software applications and websites accessible through such links at Your sole risk. Upon accessing any such software application or website, You must review and agree to the terms of use of the relevant software application or website before using it.

RESTRICTIONS

By accepting these Terms of Use You expressly agree that You are expressly prohibited to allow any third party to perform any of the following actions, and any actions similar in nature or intent thereto, and that performance of any such actions shall constitute a material breach of these Terms of Use:

  • display, copy, store, modify, adapt, reverse engineer, sell, publish, make available to the public or redistribute the Site, Content or any Service(s) or functionality made available to You via the Site;
  • allow any third party to access and use the Site or Service using Your personal account login and password or any other credentials;
  • use the Site or Service for any illegal purposes;
  • make unsolicited offers or advertisements in or with help of the Site or Service;
  • impersonate or falsely claim affiliation with any person or entity;
  • misrepresent, defraud or defame others;
  • negatively present the Site or Service and/or the Operator and/or its affiliates;
  • transmit malicious software code in or with help of the Site or Service;
  • collect information of other Users through the Site or Service;
  • interrupt the normal operation of or tamper with the Site or any content, or any functionality contained in or provided through the Site, or any servers used in providing the Site, or to unreasonably affect use of the Site by other Users in any way or manner whatsoever;
  • disseminate or post spam, unreasonably large files, chain letters, information on pyramid (Ponzi) schemes, viruses or any other information or technologies that may harm the Site or any of its functionality, or the interest or property of the Users or the Operator;
  • promote or advertise any activity that is unlawful or illegal under the laws of any jurisdiction;
  • Disseminate information that is unlawful, defamatory, libelous, threatening, discriminatory, harassing, bullying, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially may give rise, to civil, administrative or criminal liability, or that violates any applicable laws, rules, regulations, directives, treaties or guidelines, or that infringes or violates other parties' (including other Users’) intellectual property, publicity, or privacy rights or contains links to illegal, infringing or restricted content;
  • create an association between You and the Site and/or the Operator, and/or assert that You or Your actions are encouraged or officially endorsed by the Operator unless otherwise specifically permitted by the Operator to do so in writing;
  • access and/or use the Site or Service in jurisdictions where access to and/or use of it may be prohibited;
  • use Site to promote, share or disclose anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
  • use Site to stalk, bully, abuse, harass, threaten or intimidate anyone else;
  • engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User;
  • use Site to post intellectual property of other creators or owners of such property without their expressed in writing agreement for you to do so;
  • Unauthorized recording, reproducing, sharing, communicating to the public, or other distribution of Creator’s User Generated Content without their express consent and other violations of Creators’ or someone else's rights, including Intellectual Property Rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights;
  • Unauthorized reproducing, printing, distributing, attempting to download, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any User Generated Content, except as permitted under the license granted by the Creator owning such content;
  • use of Site to perform any other kinds of malicious acts and deeds;
  • otherwise use the Site for engaging in any activities that are illegal under laws of any jurisdiction or that encourage criminal behavior;
  • use the Site for any purposes other than those expressly permitted under these Terms of Use.

Breach of this "Restrictions" Section of these Terms of Use shall constitute a material breach of these Terms of Use by You and a direct violation of Applicable Laws. Unauthorized access and use of the Site or Service, including any use in contravention of these Terms of Use and the "Restrictions"section of these Terms of Use, are expressly prohibited and may result in criminal prosecution and/or civil and/or administrative and/or disciplinary liability, including court action against You initiated by the Operator or relevant law enforcement authorities.

The Operator has the right to temporarily or permanently terminate Your access to the usage of the Site or Service through Your profile if You breach any of the obligations stated in these Terms of Use or in other documents that regulate the Site or Service.

Operator’s failure or omission to act does not deprive the Operator of the right to seek legal remedies against Your violation of this Section or to take any other lawful actions aimed at the enforcement of this Section or these Terns of Use.

REPORTING ABUSE

You may report to the Operator abuse by other Users of the Site or Service, as well as Users engaged in activities listed in the "Restrictions" Section of these Terms of Use, by sending an e-mail to the following address: support@cryptorank.io.

REPORTING VIOLATIONS OF TERMS OF USE

You may inform the Operator about violations of these Terms of Use by other Users of the Service by sending an e-mail to the following address: support@cryptorank.io.

ACCESS, UPTIME AND AVAILABILITY

The Site may not be available in some countries and may be provided only in selected languages. The Site may be network dependent. The Operator reserves the right, in its sole discretion, to change, improve and correct the Site. The Site may not be available during maintenance breaks and other times. The Operator may decide to discontinue the Site or any part thereof in its sole discretion and at any given moment. The Operator does not represent or warrant that the Site, or any part or functionality thereof, is appropriate or available for use in any particular jurisdiction and does not represent or warrant that Your access to the Site will be error-free, virus-free, uninterrupted, and that the servers on which the Site is deployed will be up permanently.

NO RIGHT OF FUTURE ACCESS

These Terms of Use do not grant You any rights with respect to Your future access to the Site. Thus, the Operator may, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any User, including You, access thereto, for any reason, with or without notice. You understand and agree that the Operator may take any one or more of these actions without any notice to You, prior or otherwise, and You understand and agree that neither the Operator nor any of its affiliates shall have any liability to You or to any other person for any termination of Your or anyone else's access to the Site, its functionality or part or all of elements components thereof and/or termination of Your Personal Account and/or removal or purging or deactivation of any other information or data that you or anyone else may have provided on or by means of the Site.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE THE SITE AT YOUR SOLE DISCRETION AND YOUR SOLE RISK. THE SITE, AND ANY PORTION, ELEMENT OR COMPONENT OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY INTERACTIVE SITES AND FUNCTIONALITY AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE OPERATOR AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT ALLOWED UNDER ANY APPLICABLE LAW, NEITHER THE OPERATOR NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY OTHER SOFTWARE APPLICATIONS, INTERNET OR MOBILE RESOURCES RELATING TO THE SITE OR LINKS TO WHICH ARE CONTAINED IN THE SITE. THE OPERATOR RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO CHANGE, MODIFY, ADD, REMOVE OR DISABLE ACCESS TO ANY PORTION OF THE SITE AT ANY MOMENT OF TIME.

LIMITATION OF LIABILITY

To the fullest extent permitted under any and all Applicable Laws, in no event will the Operator, its shareholders, subsidiaries, affiliates, licensors, content providers, employees, officers, directors, and agents be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or any other damages, including loss of revenue or income, pain and suffering, emotional distress, damages for loss of goodwill, data or any other intangible losses, resulting from Your access and/or use of, or inability to access and/or use the Site or any part or component thereof, even if the Operator has been advised of the possibility of such damages. You assume full responsibility for any damages, losses, costs, or harm arising from your access and/or use of, or inability to access and/or use, the Site.

WAIVER OF CLAIMS

By using the Site and accepting the terms and conditions of these Terms of Use, to the maximum extent available under any Applicable Law you hereby waive, and agree to release and hold harmless the Operator, its subsidiaries, affiliates, licensors, content providers, employees, officers, directors, and agents and any other appropriate party from, any and all claims resulting from any action taken by the Operator, its subsidiaries, affiliates, licensors, content providers, employees, officers, directors, or agents and any other appropriate party during or as a result of investigations with respect to Your access and use of the Site or any part or portion thereof, and from any and all actions taken as a result of such investigations by the Operator, its subsidiaries, affiliates, licensors, content providers, employees, officers, directors, or agents, and any other appropriate party, including but not limited to any law enforcement authorities.

INTELLECTUAL PROPERTY RIGHTS

All rights, title and interests, including but not limited to the exclusive copyrights and other intellectual property rights in and to the Site, Content and all parts, elements and components thereof including without limitation any and all computer code, technology, software engine, themes, objects, logos, artwork, menu items, user interface, embedded Sites, functionality, design of the Site, text, illustrations, photographs, graphics, audio files, video files, audio-visual files, names of goods, services, or online services, trade names, slogans, trademarks, service marks, other designations, as well as other materials and content available in or via the Site are owned by the Site Operator and/or its licensors and/or third parties, constitute intellectual property of said parties, and the operator and its licensors and such third parties retain all right, title, and interest in and to these intellectual property items.

INDEMNITY

You agree to defend, indemnify and hold the Operator, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, representatives, licensees, authorized designees, successors, assigns and contractors harmless from and against, and reimburse to the Operator or any such party in full any costs or expenses arising or resulting from, any and all third party claims and all liabilities, assessments, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees resulting from or arising out of:

  • any breach by You of these Terms of Use;
  • Your infringement or violation of any intellectual property, other rights or privacy of a third party, including but not limited to other Users of the Site; and
  • misuse of the Site by a third party where such misuse was made possible due to Your failure to take reasonable measures to protect Your profiles against misuse.

The Operator reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with the Operator in asserting any available legal defense mechanisms. This provision shall remain in full force and effect notwithstanding any termination of Your use of the Site.

JURISDICTIONS

The Site, its functionality, and its contents are intended to comply with the applicable laws and regulations of Estonia. Other countries may have laws, regulatory requirements and business practices that differ from those established in Estonia. The Operator reserves the right to limit access to and the ability to use the Site to any person, geographic region or jurisdiction. Any offer for any product or Site made via the Site is void where prohibited.

APPLICABLE LAW

These Terms of Use are governed by and shall be construed in accordance with the laws of the Estonia without regard to its conflict of law provisions.

DISPUTE RESOLUTION

You and the Operator shall undertake reasonable measures to rectify any controversial issues, disputes or claims arising in the process of performance of Yours and Operator’s obligations under these Terms of Use by negotiations.

All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, violation, termination or invalidity, shall be resolved in the courts of Estonia.

The failure of the Operator to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. To the maximum extent allowed under any applicable laws You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Site or these Terms of Use must be filed within 1 (One) year after any such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of Your use of the Site.

No waiver of any default, condition or breach of these Terms of Use shall constitute a waiver of any other default, condition or breach of these Terms of Use, whether of a similar nature or otherwise.

INJUNCTIVE RELIEF

You expressly acknowledge and agree that the Operator may suffer irreparable damage if You breach any of the provisions of these Terms of Use. Therefore, notwithstanding provisions of the "Dispute Resolution"section of these Terms of Use, in any case of Your violation of these Terms of Use the Operator shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate in any jurisdiction.

SEVERABILITY

If any part of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.

CHANGES TO TERMS OF USE

To the fullest extent permitted under Applicable Law, the Operator reserves the right to unilaterally modify, update, supplement, revise or otherwise change these Terms of Use in order to comply with applicable new legislation and/or regulations and/or to improve the Site, and to impose new or additional rules, policies, terms or conditions in relation to the Site, from time to time with or without notice to You. The Operator may notify You of the amendments to these Terms of Use via the Site. All amendments to these Terms of Use will be effective immediately and incorporated into the Terms of Use upon sending or posting of such notice. You are solely responsible for regularly reviewing these Terms of Use.

CHANGE OF OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any and all information about You, including Your registration details, history of Your use of the Site and personal data (if applicable), contained in the applicable database used by the Site, to the extent the Operator assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of the Operator's assets, or in connection with a merger, acquisition or sale of all or some assets related to the Site, to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, Your continued use of the Site signifies Your agreement to be bound by the terms of use and privacy policy of the Site's subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of Your use of the Site.

MISCELLANEOUS

The terms and conditions set forth in these Terms of Use are fundamental elements of the basis of the agreement between the Operator and You with respect to Your use of the Site, and You expressly acknowledge and agree that the Operator would not be able to provide the Site and its functionality to You without the limitations and restrictions set forth herein.

The Operator will not be liable or responsible for any failure to fulfill any of its rights or obligations under these Terms of Use which failure is due to any cause or condition beyond the reasonable control of the Operator, which cause or condition may include, but in no event shall be limited to, force majeure circumstances.

The Operator is under no circumstances responsible for the actions (inaction) of Users and third parties and for force majeure circumstances (force majeure) that caused moral and (or) material harm, as well as harm to life and health, regardless of whether it could whether the Operator could foresee the possibility of such harm and the possibility of its elimination or could not. Under no circumstances can the Operator be involved as a Party in disputes between Users, between the User and third parties, between Users and public authorities.

The provisions of these Terms of Use that are intended to or by their nature should survive termination of Your use of the Site shall remain valid and shall be legally effective after any such termination.

You may not assign Your rights and obligations under these Terms of Use in whole or in part to any third party, and any attempted assignment in violation of this provision shall be null and void. The Operator may assign these Terms of Use or any of its rights and obligations under these Terms of Use without Your consent at any time.

Use of the Site will involve transmission of data through Your Internet or mobile provider's networks. Your Internet or mobile services provider may charge You for such data transmission services. You may also incur additional third-party fees in connection with Your use of the Site. The Operator does not assume or carry any liability for Your payment of any such charges to third parties.

These Terms of Use constitute the entire agreement between You and the Operator relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained in or made available via the Site at any moment will govern the items, functionality, services or Your relationship with the Operator to which they pertain.

CONTACTS

If You have any comments or questions concerning Your access and/or use of the Site or in relation to these Terms of Use, please contact the Operator using the following contact details: