These General terms and conditions for use of the Website are an agreement between You and Chain Effect d.o.o. These Conditions govern Your use of the Website, unless any special function is accompanied by a separate license, in which case the separate license shall govern.
BY ACCESSING OR USING THE WEBSITE YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT ACCESS AND/OR USE THE WEBSITE.
Subject to Your acceptance of and compliance with these Conditions, we grant You a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely for Your personal and non-commercial purposes as set forth in these Conditions.
Before You use our Website, if You have any questions relating to these Conditions, please contact Us through firstname.lastname@example.org.
“We/Us” means Chain Effect d.o.o. and its affiliates and subsidiaries;
“Website” means the websites located at https://chaineffect.net and any other URL which may replace it or which may be added to the list of websites published by Us;
“You” means a User of the Website;
“Users” means the Users of the Website collectively;
“Conditions or the Terms of service” means these General terms and conditions for the use of the Website and any applicable Special Conditions; Conditions are available at the right bottom of the Website.
“Special Conditions” means any additional conditions that apply to these terms and conditions;
“Cookies” means small text files which our Website places on Your computer’s hard drive to enable information about Your browsing session and to identify Your computer;
“Personal Information” means the details provided by You on registration as well any information regarding behavior on the Website and any other information submitted by You to Us.
3.1. Use of the Website
You are provided with access to this Website in accordance with these Conditions. When using the Website, You are responsible for maintaining the confidentiality of Your account and password (if any) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.
You agree to use the Website in a manner that does not cause harm to Us, other Users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Conditions or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if We have reason to believe that You are engaged in illegal activity or compromise other Users’ or Our data security or privacy.
We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.
3.2. Modifications to the Website
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.
3.3. Modification of these Conditions
We reserve the right to: modify and/or change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website and must not access and/or use the Website.
The most current version of the Conditions is available at https://chaineffect.net/terms.html
In connection with Your use of the Website You may provide us with suggestions, ideas, reviews, comments, and questions or other information and/or material regarding the Website (“Feedback”). After providing the Feedback to Us You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant us and our partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to us, without charge, the right to commercialize Your Feedback in any way and for any purpose. We have no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.
You agree not to provide Us with Feedback that is subject to a third party license that requires Us to license the Website or the material contained therein to third parties because We include Your Feedback in the Website. Further, We do not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by Us. Any Feedback that You submit to Us will be deemed non-confidential or non-proprietary, unless We have specifically stated otherwise. We are not responsible for Feedbacks of third parties or any materials that are provided by You and/or third parties.
The Website is available only for individuals aged 16 years or older. If you are under 16, you are not permitted to use the Website.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice and without reason.
ALTHOUGH THE WEBSITE MAY INCLUDE FUNCTIONALITY FOR YOU TO COMMUNICATE WITH US AND OTHER USERS, PLEASE NOTE THAT ANY IDEAS, CONTENT, AND INFORMATION YOU POST OR SHARE WITH OTHER USERS THROUGH THE WEBSITE OR ANY EXTERNAL SITES (AS DEFINED BELOW) WILL BE SEEN AND MAY BE USED BY OTHER USERS, AND CHAIN EFFECT D.O.O. CANNOT GUARANTEE THAT OTHER USERS WILL NOT USE THOSE IDEAS, CONTENT, OR INFORMATION THAT YOU SHARE ON THE WEBSITE. THEREFORE, IF YOU HAVE AN OPPORTUNITY, IDEA, OR OTHER INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, DON’T WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE WEBSITE OR EXTERNAL SITES.
3.5. External Sites
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Other than with respect to any content posted by Chain Effect d.o.o. on such External Sites, we are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
4. GENERAL PROVISIONS
4.1. License to use the Website
4.2. Restrictions on use
Your right to use the Website is limited to the license grant above, and You may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Website or any component of it, except as expressly authorized by Us. You are not authorized to, for example:
• access or use the Website through any technology that causes technical malfunctioning of the Website;
• make a copy of the Website and use it for selling Our Products;
• copy, translate, modify, or make derivative works of any part of the Website;
• reproduce, transmit, publish, display, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, otherwise commercially exploit the Website or make the Website available to third parties;
• reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part of the Website;
• delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears on the Website;
• remove or alter our trademarks or logos or legal notices from the Website.
In no event may the Website be used in a manner that:
• harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;
• is unlawful, fraudulent or deceptive;
• uses technology or other means to access our proprietary information that is not authorized by Us;
• uses or launches any automated system to access the Website or Store;
• attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment;
• attempts to gain unauthorized access to Our Website, Store or user accounts;
• encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or
• violates this Conditions.
4.3. Reservation of rights
4.3. Copyright & Trademarks
The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Chain Effect d.o.o. (collectively referred to as the “Content”). The Content and Intellectual Property Rights in Website and the materials on or accessible via it belong to Chain Effect d.o.o. or its licensors. This Website and the materials on or accessible via it and the Content therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website). “Chain Effect”and the Chain Effect Logo are trademarks, which belong to Chain Effect d.o.o., and they may not be used, copied or reproduced in any way without written consent from Chain Effect d.o.o. All trademarks not owned by Chain Effect d.o.o. are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “Intellectual Property Rights” includes the following, but is not limited to (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content and/or Intellectual Property Rights may be retransmitted without our express, written consent for each and every instance.
4.4. Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your computer and/or Your Personal Information.
4.6. Collection of data
4.7. Limitation of liability and warranties
While We use reasonable endeavors to verify accuracy of any information We place on the Website, We shall not be responsible for and We disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third party, as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your personal information or material and information transmitted over our system. In particular, neither We nor any third party or data or content provider shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. In addition, We do not make any warranty or representation that information on the Website or Store is appropriate for use in any jurisdiction.
Except as expressly provided in these Conditions, We disclaim any and all warranties of any kind, whether express or implied to the fullest extent permissible under applicable law.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-Agreement or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
This Section does not affect Your statutory rights as a consumer, nor does it affect Your Agreement Cancellation Rights.
THE CONTENT AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
NO MATERIAL AVAILABLE THROUGH THE WEBSITE SHALL BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY THE SECURITIES OR PRODUCTS OR SERVICES OF ANY ENTITY. THE WEBSITE PROVIDES NO INVESTMENT OR OTHER ADVICE, AND NO INFORMATION OR MATERIAL AVAILABLE THROUGH THE WEBSITE IS TO BE RELIED UPON FOR THE PURPOSE OF MAKING OR COMMUNICATING INVESTMENT OR OTHER DECISIONS. WE DO NOT ADVISE ON THE TAX CONSEQUENCES OF ANY TRANSACTION. TO THE EXTENT THAT PAST PERFORMANCE IS AVAILABLE THROUGH THE WEBSITE, PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND NO REPRESENTATION IS BEING MADE THAT ANY TRANSACTION WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
4.9. Entire Agreement and the Term
4.10. Governing Law
Dated on: 4.3.2020