Terms of Use
Last revised: February, 2024
1. General
1.1.Welcome to Alsomine platform, available at https://www.alsomine.com/, (the “Website”, or the “Platform”) developed by and on behalf of Alsomine Ltd. (the “Company” and/or “Our” and/or “We” and/or “Us”). The Platform is designed to enhance Value linked Smart Contracts (VLSCs) with certain properties, features, automations, and services to enable the issuance, storage, transfer, resell and support the redemption of Blockchain-based gift cards (the "NFT Gift Cards") and coupons over different blockchains and digital networks. 1.2.These terms of use (the “Terms”) govern your (“You”, “Your”, “Yours”, “User” or “Users”) use of the Platform and/or the Services (as the term “Services” is defined in section 3 below). These Terms should be read carefully by You in their entirety prior to Your use of the Services. Please note that these Terms constitute a legally binding agreement between You and Us, and that if You do not agree with any provision of these Terms, You shall immediately cease using the Platform and/or Services. By using the Platform and/or Services, You agree to the Terms, as amended from time to time. 1.3.Privacy Policy: For information about how we collect, use, and share your personal data, please refer to our Privacy Policy available on the Platform. By agreeing to these Terms, you acknowledge you have read and understood our Privacy Policy.
2. Eligibility
You are only entitled to use the Services if You comply with all of the following: 2.1.You are at least 18 years old; 2.2.You have the right, authority and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms; 2.3.If You are using the Services on behalf of a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into the Terms on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms; 2.4.You are not prohibited from using the Services under the laws of the country in which You reside or are located while using the Services; 2.5.You are not an individual, natural person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is (i) established and/or lawfully existing under the laws of a Forbidden Territory; (ii) citizen, resident (tax or otherwise), green card holder, or located of other jurisdictions that are included from time to time in international lists of countries at risk of money laundering; (iii) listed under any sanction list administered by the United States of America, the United Nations Security Council, the European Union, the United Kingdom, Israel or the respective governmental institutions of any of the foregoing; “Forbidden Territory” means and includes: (i) the jurisdictions specified by the Financial Action Task Force, as Jurisdictions under Increased Monitoring and/or High-Risk Jurisdictions, as they may change from time to time; (ii) Iran, North Korea, Sudan, Syria, Lebanon, Russia and the Crimea, Donetsk or Luhansk regions of Ukraine; and (ii) any other jurisdiction which prohibits or requires any supervision oversight licensing regulatory compliance legal compliance and/or prior approval from any regulatory (or similar) authority or body or form any monetary or securities body. 2.6.Your account has been verified be Us; and 2.7.You do not use Virtual Private Network software or any other privacy or anonymization tools or techniques to circumvent any restrictions that apply to the Services, especially those that restrict the geographical availability of the Services.
3. The Services
3.1.The Platform, which may be updated from time to time, facilitates the issuance, storage, transfer, management, and redemption of NFT Gift Cards, it also includes various ancillary activities and offers additional services, all of which are subject to regular updates (together, the “Services”). For detailed and updated information on the Services and the Platform, please carefully read and review the Website. 3.2.The NFT Gift Cards may not be reloaded with additional value. 3.3.No refunds are permitted with respect to the NFT Gift Cards. All sales of NFT Gift Cards are final. If You choose not to use Your NFT Gift Card, You have the option of reselling it via the Platform. 3.4.Refund and Cancellation Policy: All transactions on the Platform, including but not limited to the purchase of NFT Gift Cards, are subject to the refund and cancellation policies of the individual sellers. These policies are detailed in the terms and conditions of each seller. Except as provided by individual sellers' policies, transactions on the Platform are final and non-refundable. Users are encouraged to review the seller's refund policy before making a purchase to understand the specific circumstances under which a refund or cancellation may be granted. Gift Card Redemption options and expiration dates depend on the seller and are detailed by each seller on the Platform. 3.5.We grant you a non-exclusive, non-transferable worldwide license to use the Services. You may use it only in compliance with the intended purposes under these Terms. You may not reproduce, modify, customize, display or publish it. 3.6.Nothing contained in the Website, and specifically the Services, shall constitute or shall be deemed to constitute financial, legal, tax or other advice of any kind, or a solicitation to purchase, sell or invest in any financial products or to engage in any financial strategy. The Company or any of its affiliates (a) do not guarantee the adequacy, accuracy, merchantability, timeliness, completeness, evolution and/or movements of the Platform or any data included therein or any other data contained in the Website; (b) shall not bear any responsibility for damages, costs or expenses that will be caused due to reliance thereof; and (c) make no warranty, express or implied, as to results to be obtained by owners of any securities, or by any other person or entity from the use of the Services or any other information contained in the Website. 3.7.The Platform includes limitations and constraints that are designed to maintain the Platform’s stability. As a result of such limitations and constraints, the Platform may not allow the Services to be used when requested. Therefore, in any case where the User requests to use the Services and the Platform does not allow it, whether due to matters within the control of the Company or due to events beyond its control, the Company will not bear any responsibility and the User undertakes not to make any claim against the Company because of that. 3.8.The Platform is not a depository, custody, or bank program. Your deposited NFT Gift Cards are not covered by any governmental insurance protection against losses and are not being held in custody or trust by Us. 3.9.The Platform is a purely on-chain non-custodial application, meaning You are solely responsible for the custody of the private keys to the digital asset wallets You hold. This Term is not intended to, and does not, create or impose any fiduciary duties on Us. 3.10.You understand and agree that We are not a broker, financial institution, bank, insurance company, licensed entity, or creditor. 3.11.Service Providers: Our Platform integrates third-party technologies, notably Chainstarters for smart contract and NFT management, underpinned by Chainstarters' Terms of Service: https://chainstarters.com/terms-of-service/. While these partnerships are vital, Alsomine is not liable for third-party actions or service disruptions. General 3.12.The Forbidden Territory is subject to review by the Company and may be amended from time to time at its sole discretion with or without prior notice. 3.13.We reserve the right to limit the scope of the Services to Users at Our sole discretion, including in cases where We suspect that they violate these Terms. 3.14.Without derogating from the generality of the above, if You breach the Terms, or any other event as We may deem necessary, including, without limitation, (a) maintenance work; (b) inability of Our service providers to provide You with the Services; (c) market disruption; (d) Your inability to conform to Our requirements; (e) pending litigation, investigation, or government proceeding related to You or Your Account; and/or (f) in case We perceive a heightened risk of legal or regulatory non-compliance associated with Your Account's activity, We may, at Our sole discretion and without liability to You, with or without prior notice: 3.14.1.suspend Your access to all or a portion of the Services; or 3.14.2.terminate Your access to the Services, and delete or deactivate Your connection to the Platform.
4. Accessing the Services
4.1.In order to use the Services, You must open an account with the Website (the "Account"). 4.2.You are required to complete certain details about You, as further described in Our Privacy Policy. The information that You provide during the registration process must be accurate, up-to-date and complete. In addition, You will be asked to choose a password, which, together with Your email address associated with Your Account (the “Access Information”), will constitute Your identification information for the purpose of logging in to Your Account. 4.3.You are solely responsible for maintaining the confidentiality of your Account information and Access Information. You remain solely responsible for activity on Your Account with the use of Your Access Information. If You share Your password with anyone, We will not be held liable for any loss that may occur as a result thereof. You may not allow any other third party to use or access Your Account. You must notify Us immediately of any unauthorized access to Your Account, or any other breach of security. 4.4.It is Your responsibility to keep the email address associated with Your Account up to date, so that the Company can communicate with You electronically. You understand and agree that You forfeit the right to plead ignorance if You do not receive an electronic communication sent to You by the Company, because Your Account's email address is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic communications. 4.5.You will need a third-party wallet to access the Service. Your Account on the Service will be associated with your blockchain address. 4.6. Wallet Usage and Responsibilities: 4.6.1.Third-Party Wallets: For accessing the Services, users may connect third-party wallets (e.g., WalletConnect, MetaMask, Coinbase). Use of any third-party wallet is governed by the provider's terms. Alsomine is not responsible for third-party wallet operations, security, or the retrieval and transfer of contents. Users are responsible for the security of their wallet and private keys. 4.6.2.Alsomine's Non-Custodial Wallet: Alsomine employs a non-custodial wallet protocol provided by Metakeep, utilizing the user's provided email for wallet creation. It is imperative for users to secure access to their email, as it is integral to wallet accessibility; Alsomine is unable to restore access to lost wallets due to the non-custodial nature of this service. Wallet contents and transaction details can be managed and reviewed on the Platform's wallet page. By using this wallet protocol, users agree to be bound by Metakeep's Terms of Use found on https://metakeep.xyz/ , which govern the use and operation of Metakeep. 4.6.3.Responsibility: Users are responsible for securing their email and wallet access. Alsomine offers no recovery options for lost access. For security, enable strong passwords and, where possible, two-factor authentication on your email account. 4.7.We accept no responsibility for, or liability to You, in connection with Your use of a wallet and makes no representations or warranties regarding how the Services will operate with any specific wallet. You are solely responsible for keeping Your wallet secure and You should never share Your wallet credentials or seed phrase with anyone. If You discover an issue related to Your wallet, please contact Your wallet provider. Likewise, You are solely responsible for Your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with Your Account or as a result of Your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Services or Your Account. 4.8.We do not store Your private keys, backup phrases or passwords (the “Private Information”). It is very important that You back up such Private Information. If You lose Your Private Information, then it will not be possible for Us to recover it for You and You may lose access to Your cryptocurrency. We are not liable for any such losses. 4.9.You will need to provide one Proof of Identity item and one Proof of Residence document. Both documents must be legible color copies with four visible edges in png, jpg, or pdf format. 4.10.We will review Your documents and contact You via email once Your Account is verified. Failure to complete the verification process in the time We specify or failure to pass the verification process may result in the rejection of Your request to open an Account. 4.11.Once Your Account is verified, You can use the Services.
5. Fees
5.1.In order to execute transactions on certain compatible networks, You will need to pay network fees. For instance, if you execute transactions on the Ethereum network, this is known as "gas". The network fees are set by the operators of the relevant compatible network and can fluctuate depending on the level of congestion on that compatible network. Transactions might fail if the network fee for that transaction is set too low. 5.2. Without derogating from the generality of the above, if You breach the Terms, or any other event as We may deem necessary, including, without limitation, (a) maintenance work; (b) inability of Our service providers to provide You with the Services; (c) market disruption; (d) Your inability to conform to Our requirements; (e) pending litigation, investigation, or government proceeding related to You or Your Wallet; and/or (f) in case We perceive a heightened risk of legal or regulatory non-compliance associated with Your Wallet's activity, We may, at Our sole discretion and without liability to You, with or without prior notice: 5.2.1. suspend Your access to all or a portion of Our Services and Website; or 5.2.2. terminate Your access to Our Services and Website, and delete or deactivate Your connection to Our Services with Your Wallet.
6. Your Representations
By using the Services, You hereby represent, warrant, acknowledge and undertake that: 6.1.You are aware and understand that the Company is not a custodian, exchange, financial institution, fiduciary or insurance company, and that the Company is unregulated and conducts unregulated business. You are therefore not subject to any of the protections that might apply were the Company to be regulated or conduct regulated business. 6.2.You have full right and authority to use the Services and to be bound by the Terms and You agree that Your use of the Services is subject to all applicable local, state, national and international laws and regulations. 6.3.You represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). 6.4.You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. 6.5.You further acknowledge the risk that any of your NFT Gift Cards supplied via or interacting with the Platform may lose some or all of their value. 6.6.You understand that the issuer of the NFT Gift Card and the Retailer accepting the balance stored in the NFT Gift Card are third parties to us and that we cannot be responsible if they do not recognize the validity of the NFT Gift card or of the stored balance of the NFT Gift Card. 6.7.You are using the Services only for Your personal use and You shall not use the Services by or for any third party. 6.8.Your use of any of the Services is solely at Your own responsibility. 6.9.You have verified and determined that Your use of the Services does not violate any laws or regulations of any jurisdiction that applies to You. 6.10.You are responsible for determining and incurring any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with Your use of the Services (the “Taxes”). You are also solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will We, determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. 6.11.You will use the Services in good faith towards the Company and others using the Services. 6.12.The Company may, at its sole discretion, decide whether to make the Services (or a part thereof) available to You or not (provided that existing contractual obligations are honored). 6.13.You shall be solely responsible for maintaining the confidentiality of Your Access Information and Private Information, and for any and all actions and transactions taken by You by using the Services by anyone who enters Your Account, and all such actions and transactions shall be deemed as actions and transactions taken by You. 6.14.You shall indemnify Us and hold Us harmless from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms by You, and any other liabilities arising out of Your use of the Services or any unauthorized use of the Services by any third party using Your Account.
7. Prohibited Activities
You undertake to use the Services in a respectful manner, and You undertake not to: 7.1.link to the Services and/or use the Services for the purpose of uploading, downloading, distributing, publishing or transmitting (a) information or other material in a manner that violates any rights, including intellectual property rights, protection of privacy rights or any other right; (b) information or other material that is prohibited for publication or use because it constitutes threat, harm, insult, slander, defamation, racism or inappropriate content; (c) information or other material that includes a virus or other software that may damage the computer systems of the Company or any third parties or in a manner that may restrict or prevent others from using the Services; (d) information or other material that violates any law; or (e) information or other material that includes an advertisement of any kind without the prior written permission of the Company; 7.2.attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our Services that You are not authorized to access; 7.3.introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material; 7.4.develop any third-party applications that interact with the Services without Our prior written consent; 7.5.provide false, inaccurate, or misleading information; 7.6.use the Services using any interface other than the Platform; 7.7.interfere with other Users' use of the Services; 7.8.use bots or other automated methods to access or use the Services; 7.9.upload or transmit (or attempt to upload or to transmit), without the Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies or other similar spyware devices; 7.10.engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; 7.11.violate any applicable laws or regulations, encourage or promote any illegal activity, including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software; 7.12.make any changes and/or interfere in any way in the source code of the Services and upload any software and/or application that may harm or cause damage to the Company, the Services or any other third party; 7.13.disassemble, decompile or otherwise reverse engineer any software or other technology included in the Services or used to provide the Services; 7.14.use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities; and 7.15.encourage or induce any other person to engage in any of the activities prohibited under this section. 7.16.You acknowledge that without prejudice to any other right of the Company, if the Company is concerned that Your use of the Services does not comply with the provisions of these Terms or any applicable law, the Company may track Your use of the Services, prevent You from accessing the Services, transfer Your behavior patterns on the Services to third parties, and perform any other action the Company may deem appropriate to protect its property and/or rights and/or rights of third parties.
8. Disclaimer
8.1.YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, DISPUTES, OR ISSUES ARISING FROM OR RELATED TO THE BALANCE, VALUE, OR USE OF ANY ISSUED NFT GIFT CARDS. 8.2.YOU FURTHER ACKNOWLEDGE WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY IN RELATION TO THE ACCEPTANCE OR NON-ACCEPTANCE OF NFT GIFT CARDS BY RETAILERS OR ANY THIRD PARTY, AS WELL AS ANY DISPUTES OR ISSUES BETWEEN THE ISSUER AND THE RETAILER, WHETHER OR NOT THEY ARE THE SAME ORGANIZATION OR THIRD PARTIES TO EACH OTHER. 8.3.YOU FURTHER ACKNOWLEDGE WE SHALL NOT BE HELD RESPONSIBLE FOR THE RECOGNITION OR NON-RECOGNITION OF THE VALIDITY OF ANY NFT GIFT CARD BY ITS ISSUER, RETAILER, OR ANY OTHER PARTY INVOLVED IN ITS CREATION, DISTRIBUTION, OR USE. 8.4.YOU AGREE THAT YOU SHALL BEAR ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CLAIM, STORAGE, TRANSFER AND SPENDING OF NFT GIFT CARDS FACILITATED BY THE PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LEGALITY, ENFORCEABILITY, OR VALIDITY OF ANY NFT GIFT CARD CREATED, STORED, OR SPENT THROUGH THE PLATFORM. 8.5.WE SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, DISPUTES, OR ISSUES ARISING FROM OR RELATED TO THE BALANCE, VALUE, OR USE OF ANY ISSUED NFT GIFT CARDS. 8.6.THE PLATFORM'S FUNCTIONALITY, ESPECIALLY THE NFT GIFT CARD ISSUANCE, INVOLVES THIRD PARTY SERVICES LIKE THOSE PROVIDED BY CHAINSTARTERS, SUBJECT TO THEIR TERMS. USERS ARE ADVISED TO REVIEW THESE TERMS, AS ALSOMINE DISCLAIMS LIABILITY FOR THIRD-PARTY SERVICES. 8.7.YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING PLATFORM. 8.8.THE CONTENT AND MATERIALS AVAILABLE ON THE PLATFORM DO NOT CONSTITUTE ANY FORM OF ADVICE, REFERRAL OR RECOMMENDATION BY US; SHOULD NOT BE REGARDED AS AN OFFER, SOLICITATION, INVITATION OR RECOMMENDATION TO BUY OR SELL NFTS OR ANY OTHER FINANCIAL SERVICES; AND ARE NOT INTENDED TO BE RELIED UPON BY YOU IN MAKING ANY SPECIFIC DECISION TO BUY OR SELL AN NFT. WE RECOMMEND THAT YOU SEEK INDEPENDENT ADVICE FROM FINANCIAL, LEGAL AND TAX ADVISORS BEFORE MAKING ANY SUCH DECISION PARTICULARLY IN LIGHT OF THE RISKS ASSOCIATED WITH DIGITAL ASSETS. 8.9.NOTHING INCLUDED IN THE PLATFORM CONSTITUTES AN OFFER OR SOLICITATION TO SELL OR DISTRIBUTE INVESTMENTS AND RELATED SERVICES TO ANYONE IN ANY JURISDICTION. 8.10.THE PRICE OF DIGITAL ASSETS CAN BE HIGHLY UNPREDICTABLE AND VOLATILE WHEN COMPARED TO OTHER ASSETS. YOU SHOULD NOT USE THE PLATFORM UNLESS YOU UNDERSTAND ITS NATURE AND THE EXTENT OF YOUR EXPOSURE TO RISK. ANY SPREADS OR OTHER FEES ASSOCIATED WITH THE CONTRACTS MAY MAKE THEM MORE VOLATILE. 8.11.THE REGULATORY ENVIRONMENT CONCERNING CRYPTOCURRENCIES AND OTHER DIGITAL ASSETS CONTINUES TO DEVELOP. THE APPLICATION AND INTERPRETATION OF EXISTING LAWS AND REGULATIONS ARE OFTEN LARGELY UNTESTED AND THERE IS A LACK OF CERTAINTY AS TO HOW THEY WILL BE APPLIED. NEW LAWS AND REGULATIONS WILL BE PROMULGATED IN THE FUTURE THAT APPLY TO BLOCKCHAIN TECHNOLOGY AND DIGITAL ASSETS, AND RELATED SERVICE PROVIDERS, AND NO ASSURANCE CAN BE GIVEN THAT ANY SUCH CHANGES WILL NOT ADVERSELY AFFECT DIGITAL ASSETS GENERALLY OR THE SERVICES. IT IS NOT POSSIBLE TO PREDICT HOW SUCH CHANGES WOULD AFFECT THE PRICE AND LIQUIDITY OF DIGITAL ASSETS GENERALLY, OR THE SERVICES. 8.12.REGULATORY ACTIONS COULD NEGATIVELY IMPACT CRYPTOCURRENCIES AND OTHER DIGITAL ASSETS IN VARIOUS WAYS, INCLUDING, FOR PURPOSES OF ILLUSTRATION ONLY, THROUGH A DETERMINATION (WITH RETROSPECTIVE OR PROSPECTIVE EFFECT) THAT DIGITAL ASSETS ARE REGULATED FINANCIAL INSTRUMENTS REQUIRING REGISTRATION OR LICENSING IN CERTAIN JURISDICTIONS. THE COMPANY MAY HAVE TO LIMIT THE AVAILABILITY OF CERTAIN CONTRACTS OR DISALLOW USERS BASED ON THEIR CITIZENSHIP, RESIDENCE OR LOCATION FROM ENGAGING IN THE PLATFORM IF DOING SO BECOMES COMMERCIALLY UNSUSTAINABLE OR LEGALLY PROHIBITED. 8.13.THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS A RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR ANY OTHER BLOCKCHAIN NETWORK, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; AND (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE TOOLS, ETHEREUM NETWORK, OR ANY OTHER BLOCKCHAIN NETWORK. 8.14.THE COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, OR ANY OTHER BLOCKCHAIN NETWORK, INCLUDING, BUT NOT LIMITED TO, LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES CAUSING FUND LOSSES AS A RESULT. 8.15.DISPUTE RESOLUTION AND ARBITRATION: IN THE EVENT OF A DISPUTE, USERS AGREE TO FIRST ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY BY CONTACTING US. SHOULD THE DISPUTE NOT BE RESOLVED WITHIN 30 DAYS OF SUBMISSION, IT SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF THE JURISDICTION MENTIONED IN SECTION 13.5.
9. Limitation of Liability
9.1.In no event shall we, or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries, be held accountable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages related to loss of profits, goodwill, use, data, or other intangible assets, resulting from or connected to any access or use of the Platform. We shall not be held responsible for any damage, loss, or injury arising from hacking, tampering, or other unauthorized access or use of the Interface or the information it contains. We disclaim any liability for: (a) content inaccuracies, errors, or omissions; (b) personal injury or property damage arising from accessing or using the Interface; (c) unauthorized access or use of any secure server or database under our control or the use of information or data stored therein; (d) disruptions or cessation of functions related to the Interface; (e) bugs, viruses, trojan horses, or similar elements transmitted through the Interface; (f) errors, omissions, or loss or damage resulting from using any content made available via the Interface; and (g) defamatory, offensive, or illegal behavior of any third party. In no event shall our liability, or that of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries, exceed the greater of the amount paid by you for access and use of the Platform, or USD 100.00. This limitation of liability is applicable regardless of the alleged liability's basis, including contract, tort, negligence, strict liability, or any other grounds, even if we have been advised of the potential liability. Some jurisdictions may not permit certain warranty exclusions or liability and damage limitations or exclusions. Consequently, some of the disclaimers and limitations outlined in this Agreement may not be applicable to you. This limitation of liability shall be enforced to the maximum extent allowed by law.
10. Intellectual Property Rights
10.1.The Platform, the Services and their content, including the video materials, text, photos, logos, designs, music, sound, figures, trademarks, graphs, sheets, statistics, currency exchange quotations and any other content embodied in the Services are protected by intellectual property rights of the Company or of third parties. 10.2.All intellectual property rights and any content provided in connection with the Services are the property of the Company or its licensors or suppliers and are protected by applicable intellectual property laws. We do not give any obscure license for the use of the contents of the Services. 10.3.As between the Company and You, the Company retains all right, title and interest in and to the Platform and the Services. Your use of the Platform and/or the Services does not confer on You any of the intellectual property rights embodied in the Platform and/or the Services, other than the right to use the Platform and/or the Services in accordance with the terms of these Terms. 10.4.You may only use the Platform and/or the Services for personal, lawful and non-commercial use. 10.5.Any other use of content of the Services is strictly prohibited and You agree not to infringe or enable others to infringe Our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via Our Services on any copy You make of the material, but failing to do so shall not prejudice Our intellectual property rights therein. 10.6.You may not sell or modify materials derived or created from the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Services without Our express, written permission. 10.7.Any rights not expressly granted herein to use the materials contained on or through the Services are reserved by Us in full. 10.8.You shall not, nor shall You allow any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Platform or the Services pursuant to the Terms, or otherwise exploit any of the contents of the Platform without the Company’s explicit, prior written permission.
11. Third Party Services or Content
11.1.While using the Services, You may view content or services provided by third parties, including currency exchange quotations, financial information, content, and any other materials of other websites or sources that are controlled or offered by third parties (the “Third Party Content"). 11.2.We have not reviewed any or all of such Third Party Content and are not responsible for any Third Party Content. We do not control, endorse or adopt such content or services. When using or relying on Third Party Content, You must consider that it may not be accurate or current. We are not responsible for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in Your jurisdiction. In addition, Your dealings or correspondence with the third parties that provided the Third Party Content are solely between You and such third parties. 11.3.The Third Party Content is provided solely for Your convenience, and You agree that under no circumstances will You hold Us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites. 11.4.Accordingly, We recommend that You independently verify all information before relying on it, and any decisions or actions taken based upon Third Party Content is at Your sole responsibility.
12. Links
12.1.The Platform and the Services may contain links, content, advertisements, promotions, logos and other materials to other websites that are controlled or offered by third parties (the “Links”). We caution You to ensure that You understand the risks involved in using such websites or materials before retrieving, using, relying upon or purchasing anything via these websites or based on such materials. Such Links are provided solely for Your convenience, and You agree that under no circumstances will You hold Us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites and services. 12.2.The inclusion of Links in the Services is not an endorsement, authorization, sponsorship, affiliation or any other connection between the Company or those websites or their operators. 12.3.We have not reviewed any or all of such Links and are not responsible for any of the content of the websites referred thereby. We caution You to ensure that You understand the risks involved in using such websites before retrieving, using, relying upon or purchasing anything via these websites. Under no circumstances will You hold Us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites.
13. Miscellaneous
13.1.We may, at Our sole discretion, amend, modify, or discontinue, from time to time, any of the Services and/or introduce new Services and/or the Website (including the documents in it and the whitepaper). We shall not be liable for any loss suffered by You resulting from any such changes made and You shall have no claims against Us in such regard. 13.2.We may modify these Terms from time to time. When We do, We will provide notice to You by publishing the most current version and revising the date at the top of this page and any modifications shall be effective immediately upon such publication. By continuing to use the Services after any changes come into effect, You are deemed to agree to the revised Terms. 13.3.The User agrees that transmission of information to or from the Services does not create between him and the Company any relationship that deviates from that specified in these Terms. 13.4.These Terms, as amended from time to time, constitute the only valid agreements between You and the Company, and no representation, promise, consent or undertaking, whether written or oral, that is not included in the Terms will be binding upon the parties. 13.5.These Terms and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of Israel, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Tel-Aviv with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us. 13.6.No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 13.7.If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms, provided, however, that in such event, these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction. 13.8.We may transfer or assign any and all of Our rights and obligations hereunder to any third party. Without derogating from the above, the Platform and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under these Terms. 13.9.The terms and provisions of these Terms are binding upon Your heirs, successors, assigns, and other representatives. 13.10.You assume any and all risks associated with the use of the Platform and the Services. 13.11.You agree to accept communications from Us in an electronic format, and agree that all terms, conditions, agreements, notices, disclosures or other communications that We provide to You electronically will be considered to be “in writing”. 13.12.Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. 13.13.Contact Information: For any inquiries, notices, or questions regarding these Terms or the Services, please contact us at customer.support@alsomine.com . We will endeavor to respond to your queries as promptly as possible.