(version from 05th of January 2023)
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY
1. Application and acceptance of the terms
1.2 You may not use or access the Services or the Site, and may not agree to the Terms if (a) You are not of age to enter into an agreement with Infocoin Limited or (b) you are prohibited from using any of the Services under the laws of any country/region, including the country/region of your residence or from which you use or access the Services and the Site.
1.3 Infocoin Limited may change any of the Terms anytime by posting the relevant amended and supplemented Terms on the Site. By using or accessing the Services or the Site, you signify your acceptance of the amended and updated Terms.
1.4 If Infocoin Limited has published or provided a translation English version of the version of the Terms, you agree that the translation is provided for convenience only and that English version the edition governs your use of and access to the Services or the Site.
1.5 In some cases, you must enter into a separate agreement (or agreements), either online or offline, with Infocoin Limited or another affiliate of Infocoin Limited, for the provision of any Services (or part of the Services) (hereinafter — the Additional Agreement»). If the provisions of the Terms and Additional Agreements either do not correspond or contradict each other, priority is given to the Additional Agreements only in part regulating the provision of the relevant Services (or part of the Services) provided under such Additional Agreements.
1.6 The Terms may not be modified or supplemented in any way different from writing by an authorized officer of Infocoin Limited, followed by posting on the Site.
2. Provision of Services and Legal Information
2.1. You are entering into an agreement with Infocoin Limited, company incorporated in the Republic of Cyprus (registration number: HE 433674). Since some or part of the Services may be supported and provided by affiliates of Infocoin Limited, Infocoin Limited may outsource certain Services to its affiliates.
2.2. You must register as a User of the Platform to access and use some Services. In the future, Infocoin Limited reserves the right, without prior notice, to restrict the access or use of certain Services, parts of the Service, or any function of the Site for the User or make subject to other conditions that Infocoin Limited can enter at will.
2.3 The Services (or any part of the Service provided) may vary by region and country. Infocoin Limited does not warrant or represent that a particular Service, a feature or function of a Service, or a similar and enhanced Service, will be available to Users or a particular User. Infocoin Limited may, in its sole discretion, limit, cancel or create different levels of access, use, and functionality of any Services (or any part of the Service provided) to other users.
2.4 In these Terms, «Paid Users» means Users who order services for claiming goods and/or services and all other persons carrying out commercial activities on the Site. The minimum price for one second of content placement is 0.0012423 Euros. Infocoin Limited may create, modify, improve, impose conditions on, suspend or cancel the provision of any Service (or any part of the Service) without prior notice, except in the case of the provision of a paid Service, when such changes will not materially adversely affect the ability of Paid Users to use such a Service.
2.5 Some Services (or part of them) may be provided by affiliates of Infocoin Limited on behalf of Infocoin Limited.
2.6 The Services are provided on an «as is» basis. Infocoin Limited does not provide any guarantees regarding the error-free and uninterrupted operation of the Site or Services, the compliance of the Site or Services with the specific goals and expectations of the User.
3. Terms for all users
3.1 As a condition of Your access to and the Platform and Services use, You agree to comply with all applicable laws and regulations when using and accessing the Site and Services.
3.2 You acknowledge that (a) You will not copy, reproduce, upload, republish, sell, distribute or resell any Services or any information, text, images, graphics, videos, sounds, directories, files, databases or listings, etc. available on the Site (Site Content), and (b) you will not copy, reproduce, download, collect or otherwise use the Site Content for the purposes of running a business that competes with that of Infocoin Limited, or in any way to commercially use the Content of the Site. A systematic search of the Site Content on the Platform to create or compile, directly or indirectly, a collection, accumulation, databases, directories (manually, using robots, spyware, or automatic devices) without the written permission of Infocoin Limited is forbidden. Use of any content or data on the Platform for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read the following documents that regulate the protection and use of User’s personal information, which is at the disposal of Infocoin Limited and our affiliates:
b) for all Users who use or access the Site associated with Infocoin Limited – Infocoin Limited User Agreement;
3.5 You confirm that you will not carry out any actions that may lead to a violation of the integrity of computer systems and networks of Infocoin Limited and/or any Users and will not have unauthorized access to such computer systems and/or networks.
3.6 By uploading or displaying any information, content or data (hereinafter collectively — User Content) on the Platform or by providing any User Content to Infocoin Limited or its representatives, to the extent permitted by applicable law, you grant Infocoin Limited display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works from, and in any other way use any or all User Content in any form, media, and technology, whether known or not yet known in any way and for any purpose that may be beneficial to Infocoin Limited, the operation of the Platform, the provision of any Services and/or the User’s business. You represent and affirm Infocoin Limited that you have all the rights and authority to grant such permission and User Content and use of such User Content (including derivative works of intellectual activity) Infocoin Limited and/or its affiliates based on such permission is free from any restrictions and does not violate the Rights of third parties (as this term is defined in paragraph 5.4 of the Terms). To the maximum extent permitted by law, you waive your right to enforce your intellectual property rights in User Content for Infocoin Limited and/or its affiliates, successors, or sub-licensees in connection with the use of such User Content due to the provision of the Services. Information protected under the laws on personal data protection will be used and stored only following these laws requirements.
31. Conditions for Participants viewing User Content
31.1 Participants who will register as Viewers, have the opportunity to receive reward through the Infocoin Platform, as a result of viewing the User Content.
31.2 Participants who registers on the Infocoin Platform must review the selected content in order to reward through and take the necessary steps to confirm the review and verification of the person.
31.3 It is not possible for Viewers to view content from more than one electronic device at the same time.
31.4 In case of detection in the User content of signs provided by p. 5.5 of this Agreement, the Viewer must apply to the site support service at https://view.infocoin.online/help.
315.Each Viewer has the right to register only one unique account. Infocoin Limited prohibits the creation of more than one account by the Viewer. If one Viewer creates several accounts, Infocoin Limited has the right to delete such accounts, guided by the terms of clause 6.2. of this Agreement.
31.6 With regard to other conditions, rights and obligations not specified in this Section, Viewers are governed by this User Agreement, applicable international law, applicable laws and regulations in their respective jurisdictions.
4. Member Accounts
4.1 A User must be registered on the Platform to access or use certain Services (a Registered User hereinafter also referred to as a «Member»). Except for authorized explicitly by Infocoin Limited, one User can register only one user account. Infocoin Limited has the right to cancel or delete the User’s account if Infocoin Limited has grounds to believe that the User has simultaneously registered or controls two or more accounts. In the future, Infocoin Limited may reject the User’s registration request for any reason.
4.2 When registering on the Platform, Infocoin Limited must assign an account and create a Member identification number and a password (the registered User must choose the password upon registration; usually e-mail address used as Member identification number).
4.3 The combination of Member ID and password is unique for each account. Each Member is solely responsible for maintaining the confidentiality and security of its Member ID and password for all uses and activities under your account (whether the Member authorizes such uses or activities or not). A Member may not share, transfer, or assign the use of its Member ID or password to any other person, even within the Member’s company (if applicable). The Member commits to immediately notify Infocoin Limited that they have grounds to believe that there is unauthorized use of their password or account, or any other violation of the account’s security.
4.4 The Member confirms that any use of the Site and Services, as well as activities that are carried out under your account (including, without limitation, posting any information about the company and products, clicking the buttons to confirm consent to any Additional Agreements or rules, subscribing to or paying for any services, sending e-mails using an e-mail account or sending SMS, or social networks), will be regarded as authorized by the Member.
4.5 Member acknowledges that transferring his account to others or allowing multiple users outside of your company (if applicable) to use his account (collectively, «multiple use») may cause irreparable harm to Infocoin Limited or other Users of the Platform. The Member undertakes to reimburse Infocoin Limited, its affiliates, management, employees, agents, and representatives for any loss or damage (including but not limited to lost revenue) incurred due to multiple uses of his account. The Member also confirms that in the event of multiple uses of his account, or violation through the fault of the Member of the safety of his account data, Infocoin Limited shall not be liable for any loss or damage incurred due to such breach and shall have the right to suspend or terminate the Member’s account without the Member’s consent.
4.6 One of the Services provided to all Members on the Site is to ensure that Members’ accounts are protected from fraud, loss of account control against the will of Members, and the commission of illegal actions using accounts that violate these Terms and Members’ rights, including, but not limited to, seizure account to create inaccurate traffic on the Platform, making transactions against the will of the Members, etc. (hereinafter referred to as the «Antifraud Service»). As part of the Antifraud Service, we are obliged to periodically monitor the activities performed with the Member’s account to identify potential threats to the security of the Member’s account on the Platform.
4.7 In case we detect potential threats to the account within the framework of the Antifraud Service, we undertake to:
4.7.1 Limit the transactions function of making (purchases) on the Platform for the Member’s account immediately (within 24 hours), as soon as we become aware of the potential threat. This restriction will not affect transactions (purchases) made before the restriction was introduced. To resolve the issue of contesting and canceling such transactions (purchases), if they were made by intruders, the Member must contact us;
4.7.2 Contact the Member and take reasonable steps to ensure that their account has not been taken over by intruders or malicious software. As part of the Antifraud Service, our specialists may, based on specific circumstances, enter into electronic correspondence with the Member, contact them using the contact details provided by the Member during registration (and also during subsequent use of the account), and/or request that the person who controls the account record, confirmed that they are a Member by providing a scan/photo of any official identity document;
4.7.3 Consider the possibility of removing restrictions on transactions (purchases) for the Member’s account based on the results of the measures outlined in paragraph 4.7.2 of the Terms;
4.8 We are committed to maintaining the confidentiality of all information received from the Member as a result of the measures specified in paragraph 4.7.2 of the Terms, the very fact of limiting the function of making transactions (purchases) for the Member’s account, as well as the methodology for monitoring within the framework of the Antifraud Service and the results of such monitoring.
4.9 We are committed to responding promptly to law enforcement requests regarding a Member, their content, and their account.
4.10 The Member undertakes to assist us in carrying out the activities specified in paragraph 4.7.2 of the Terms, including providing complete, reliable, and up-to-date information requested from them as part of the Antifraud Service, under our instructions.
4.11 In case of failure to provide the information requested following paragraph 4.7.2 of the Terms, within 30 days from the date of the request, the Member’s account may be deleted or completely blocked. In case of providing us with false information in response to our requests, the account may be deleted or completely blocked at any time at our discretion. If false information is provided, we will regard this as a circumstance indicating a possible illegal takeover of the account, which may be the basis for taking the measures established by the Terms and contacting the competent law enforcement agencies.
4.12 We make every reasonable effort to maintain the cyber security of accounts. However, we do not guarantee that, as a result of the provision of the Antifraud Service, third parties will not be able to illegally use the account, including that they will not be able to cause harm to the Member. In this regard, the Member must be vigilant when working with the account, refrain from entering the password on other people’s devices, use the account in public places, save the password on unprotected resources, and perform other actions that create a security risk. To avoid doubt, all limitations of liability outlined in paragraph 8 of these Terms shall apply in full to the Antifraud Service.
5. Obligations of Members
5.1 Each Paid User represents, warrants, and represents that (a) they have full authority to agree to the Terms, authorize and perform their obligations under this Agreement, (b) it uses and accesses the Site and Services for business purposes only, and (c) for Paid Users that are legal entities, the address provided at registration is the main location of the business. For the purposes of this provision, a branch or subsidiary office may not be considered a separate entity, and your main location will be treated as the main office.
5.2 The Paid User is required to provide information, company, business, or product/service data as part of the registering process on the Platform or using and accessing any Services or account. Each Paid User represents, warrants, and guarantees that (a) such information and data, whether provided during the registration process or use of the Site or Services, is true, accurate, current, and complete, and (b) you will maintain and promptly update all information and data to keep it true, accurate, current and complete.
5.4 Each Member represents, guarantees and acknowledges that (a) they are solely responsible for obtaining all necessary third party permissions with respect to any User Content that they submit, upload or display; (b) any User Content they submit, upload or display does not infringe the copyrights, patents, trademarks, trade names, trade secrets or any other personal or proprietary rights of any third party («Third Party Rights»); (c) they have the right and authority to sell, buy, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, purchase, trade, distribution or export or offer does not violate any Third Party Rights; (d) You and Your affiliates are not subject to any trade restrictions, sanctions or other legal restrictions imposed by any country, international organization or jurisdiction, nor have you engaged in the online sale of counterfeit or pirated products; (e) if the User Content contains images of individuals other than you, then you acknowledge that you have obtained the consent of such persons to use their images in accordance with the terms of this User Agreement. If such persons are minors under applicable law, you acknowledge that you have obtained the consent of their legal representatives to use their image under the terms of this User Agreement, as required by applicable law; (f) if the User Content contains an image of you, then you acknowledge that you consent to the use of your image following the terms of this User Agreement.
5.5 Each Member represents, guarantees, and confirms that the User Content that they submit, upload, or display must be:
(a) true, accurate, complete, and lawful;
(b) Not be false, misleading, or deceptive;
(c) Does not contain information that is defamatory, calumnious, threatening or harassing, obscene, inappropriate, offensive, aggressive, explicitly sexual, or harmful to minors;
(d) Does not contain information that is discriminatory or promotes discrimination based on race, gender, religion, national origin, disability, sexual orientation, or age;
e) Does not violate any applicable laws and regulations (including, without limitation, those governing export control, consumer protection, copyright protection, unfair competition, excessive price gouging, or false advertising) or promotes any activities that may violate any applicable laws and rules;
(f) Does not contain direct or indirect links to any other websites that contain any content that may violate these Terms.
5.6 Each Member also represents, warrants, and confirms that they undertake:
a) operate on the Site following any applicable laws and regulations;
b) Conduct their business transactions in good faith;
c) Operate following the Terms and any applicable Additional Agreements;
d) Not to use the Site Services to defraud any person or entity (including, without limitation, selling stolen items, using stolen credit/debit cards);
e) Not to impersonate another person or organization, not to misrepresent oneself or one’s affiliation with any person or organization;
f) Not engage in spamming or phishing activities;
g) Prevent any other illegal activity (including, without limitation, those that would constitute a criminal offense, give rise to civil liability, etc.) or encourage any illegal activity;
h) Not try to copy, reproduce, exploit or expropriate various corporate directories, databases, and listings owned by Infocoin Limited;
i) Not distribute any computer viruses or other destructive devices or codes that damage, interfere with, intercept or expropriate any software or hardware systems, data, or personal information;
j) Not engage in any scheme that may undermine the integrity of the data, systems, or networks used by Infocoin Limited and/or any user of the Platform or gain unauthorized access to such data, systems, and networks;
k) Not engage in any activities that could force Infocoin Limited and its affiliates to bear any responsibility.
5.7 The Member may not use the Site, Services, and account to engage in activities similar or identical to the business of the e-claim site Infocoin Limited.
5.8 The Member agrees to provide all necessary information, data, and confirmation, and provide all the required assistance and cooperation necessary to provide Infocoin Limited services for evaluating a violation of the Terms and/or handling a complaint by any Member and/or the Anti-Fraud Service. If the Member fails to comply with these requirements, resulting in a delay, suspension, or cancellation of the Service, Infocoin Limited is not obligated to extend the term of the relevant Service, nor be liable for any loss or damage arising from or related to such delay, suspension or cancellation.
5.9 Member acknowledges and agrees that Infocoin Limited reserves the right but is not obligated to actively monitor or exercise any editorial control over the content of any communications or data or information (including User Content) created, obtained, or made available through the Services or the Site. Infocoin Limited does not endorse, review, or otherwise certify the scope of any video, content, or other data or information (including User Content) created, submitted, posted, or otherwise made by any Member. Each Member is responsible for the content of their messages and may be held legally responsible or liable for the content of their comments or other data or information.
5.10 The Paid User is aware of and agrees that the Site and Services (as a Paid User) may be used by the organization (including sole proprietors) and their representatives, or an individual, for the purpose of conducting business.
5.11 Member acknowledges and agrees that each Member’s sole responsibility is to review the applicable laws and regulations in their respective jurisdiction to ensure that use of and access to the Site and Services is following them.
5.12 The Member hereby confirms that they had read this User Agreement and agrees (and/or received the appropriate written consent of his legal representatives (if applicable) and Infocoin Limited has the right to require documentary evidence of this consent) that Infocoin Limited may contact you by mail, e-mail, telephone, send SMS, e-mail messages, push notifications, as well as using other means of communication, including, but not limited to, social networks (including but not limited to LinkedIn, Facebook), instant messengers (including Viber, Whatsapp, Telegram), for purposes including, but not limited to, marketing, advertising, opinion research, promotion of the Platform and Services. The Member hereby also agrees that Infocoin Limited, for the purposes of sending advertising, information, service, and other messages to Infocoin Limited, has the right to involve third parties, including, but not limited to, various companies providing relevant services in the sphere of advertising and information, service and other messages, mobile operators, instant messengers, different social networks, platforms, other companies providing similar services.
5.13 Each Member represents, guarantees and agrees that
(a) He and his affiliates comply with applicable laws and regulations (including, but not limited to, applicable laws and regulations regarding product safety, intellectual property rights, data privacy, consumer protection, fair competition, pricing, appropriate advertising, labor, environmental environment, health and safety, anti-corruption legislation and legislation on combating money laundering and financing of terrorism);
5.14 Each Member of the Platform, the internet and mobile-optimized version, the sites identified by the Uniform Resource Locator Infocoin.online and the corresponding mobile application of the Infocoin Limited, also represents, warrants, and agrees with the fact that:
(a) he and his affiliates are not subject to any trade restrictions, sanctions, or other legal restrictions imposed or proposed by any country, international organization, or jurisdiction («Relevant Entities»);
(b) Neither he nor any of his parent companies or affiliates (if applicable), directly or indirectly, enter into transactions or provide any funds, goods, or services to Relevant Entities; And
(c) he agree to comply at all times with all applicable export control laws and regulations and sanctions relating to goods, services, software, and technology when using the Services, including sanctions resolutions, laws and regulations adopted and enforced by the United Nations Security Council, the People’s Republic of China, the United States of America and any other country.
If at any time you fail to comply with any of the above requirements, you should immediately stop using the Services and the Site.
5.15. If Infocoin Limited. reasonably believes that any of your actions and/or omissions violates or threatens to violate any applicable laws and regulations, Infocoin Limited may, in its sole discretion, at any time, take such action as it deems necessary in light of the relevant circumstances, including, but not limited to, terminating all or some of the Services to you, as well as certain features of the Site, closing the relevant postings and closing your account, while reserving all the rights that it may have about any actions or behavior of its participants that do not comply with the requirements of the law.
6. Violations of Members
6.1 Infocoin Limited reserves the right, in its sole discretion, to remove, modify, or reject any User Content (in whole or in part) that you submit, upload, or display on the Site that we reasonably believe to be illegal, in violation of the Terms, or that Infocoin Limited may call upon or affiliates to liability or violates the Rights of Third Parties or may harm the interests of our Members, third parties or Infocoin Limited or its affiliates or which is in any way deemed inappropriate, at the sole discretion of Infocoin Limited.
6.2 If any Member violates any of the Terms or if Infocoin Limited has reasonable grounds to believe that any Member is in breach of any of the Terms, then Infocoin Limited has the right to apply such response measures that Infocoin Limited deems appropriate, including, without limitation: (a) to suspend or terminate the Member’s account and all and any accounts associated with such an account as Infocoin Limited determine at own discretion. At the same time, Infocoin Limited will not be liable for loss or damage arising out of or in connection with such suspension or deletion; (b) to limit, suspend or terminate your subscription to any Service, access to any Service, or current or future use of any Service; (c) to remove posted information or other User Content that the Member has submitted, posted or displays, or impose limits on the amount of information that the Member may publish or display, or the amount of other User Content that the Member may publish or display; (d) to impose other restrictions on the Member’s use of any features or functions of any Service as Infocoin Limited deems appropriate at its own discretion; and (e) to use any other remedy, retaliation or penalty as Infocoin Limited considers to be appropriate at its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member will be deemed to be in breach of the Terms in any of the following circumstances:
a) upon a complaint or claim from any third party, if Infocoin Limited has reasonable grounds to believe that such Member intends to or does not fulfill its contract with a third party, including, without limitation, the failure by the Member, who is a supplier of goods or services through the Platform and Services, of any goods or services ordered by such third party after receipt purchase price, or, in supplying the goods, such Member has breached the terms and conditions specified in the contract entered into with that third party;
b) Infocoin Limited has reasonable grounds to suspect that such Member has used stolen credit cards or other false or misleading information in any transaction with the counterparty;
c) Infocoin Limited has reasonable grounds to suspect that any information provided by the Member is not relevant or complete or is false, inaccurate, or misleading;
d) Infocoin Limited believes that the Member’s actions may lead to losses or financial liability of the organization Infocoin Limited or affiliates or any other Users.
6.4 Infocoin Limited reserves the right to cooperate fully with government or regulatory agencies, law enforcement, private detectives and/or affected third parties to investigate any suspected criminal or civil wrong. In addition, to the extent permitted by applicable law, Infocoin Limited may disclose Member’s contact information about a Member’s identity and/or information about their account(s), transactions, or actions taken on or through the Site, at the request of a government, regulatory or law enforcement agency, or an aggrieved third party, or as a result of subpoena or other court cases. Infocoin Limited shall not be liable for damages or consequences arising from such disclosure, and the Member undertakes not to take any action and from bringing a claim against Infocoin Limitedbecause of this disclosure.
6.5 Infocoin Limited may at any time, in its sole discretion, impose restrictions, suspend or terminate this Member’s use of any of the Services or the Site, without liability to the Member, if Infocoin Limited received notice that the Member is in breach of any agreement or obligation with any Infocoin Limited affiliate, and such violation results in or there is a reasonable suspicion of involvement in illegal or fraudulent activities. Infocoin Limited reserves the right but is not obligated to investigate such violation or seek confirmation from the Member.
6.6 Each Member guarantees to reimburse Infocoin Limited, affiliates, directors, employees, agents, and representatives, as well as to protect from possible losses, damages, claims, and liabilities (including legal costs in full) that may arise from the submission, publication or display of any User Content, due to for using or accessing the Platform or Services, or for violating the Terms or any Additional Agreements.
6.7 Each Member agrees that Infocoin Limited is not and shall not be liable to them or anyone for any User Content or other data transmitted through the Site using the Services, including fraudulent, misleading, deceptive, inaccurate, defamatory, or illegal data, and that the risk of damage from such User Content and other data rests entirely with each Member. Infocoin Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by a Member, in which case Members shall cooperate with Infocoin Limited agreeing to use all available remedies.
7. Transactions between Buyers and Sellers
7.1 Through the Website, Infocoin Limited provides electronic web platforms for exchanging information between advertisers and other Members. Infocoin Limited additionally provides an electronic web platform for conducting Members’ transactions of placing, agreeing, completing transactions, managing and fulfilling orders for the provision of advertising services on the Internet through the Site, an adapted version for mobile phones and applications, following the Advertising Services Agreement. However, Infocoin Limited does not represent sellers or buyers for specific transactions for any Service. Infocoin Limited does not control and is not responsible for the quality, safety, legality, or availability of the products or services advertised on the Site or the ability of sellers to complete a sale or the ability of buyers to complete a purchase. The Services include all of the Site’s functionality that you may use and the direction and provision of personalized marketing and promotional information.
7.2 Users are hereby notified that there may be dangerous clicks on advertising links and messages posted for the purpose of phishing or other selfish purposes from Paid Users who have provided false information about themselves. Infocoin Limited uses several methods to verify the accuracy of certain information from Paid Users who provide it to us when registering to pay for Services on the Site. However, due to the difficulty of identifying Users over the Internet, Infocoin Limited cannot and does not confirm the alleged identity of each user (including, without limitation, Paid Users). We encourage you to use a variety of means and common sense to assess whom you are dealing with.
7.3 Users using or accessing the Platform or Services bear the risk of clicking on any links and entering into any sales transactions and other transactions in connection with the use of the Platform. Buyers and sellers using or accessing the Site or the Services accept the entire risk of liability or any damages in connection with clicks and subsequent activities relating to products or services that are the subject of transactions outside of Infocoin Limited. Examples of such risks include, but are not limited to: non-delivery of products and services, fraudulent schemes, poor product quality, non-compliance with specifications, defective or dangerous products, illegal products, delay or failure to deliver or pay, miscalculations of costs, breach of warranty, breach of contract, transport incidents, the risks that the production, import, export, distribution, offer, display, purchase, sale and/or use of products or services may infringe or may be claimed to infringe the rights of third parties, and the risk that the User may bear the costs of defense or other any costs in connection with the violation of the rights of third parties, or with any claims on the part of any Party entitled to protection, or compensation in connection with the violation of their rights, as a result of the presentation of claims or claims and lawsuits of such third parties persons. Such risks also include claims from consumers, other buyers, end-users of products, or other third parties who claim to have been harmed by your use of third-party Platform or Services by clicking on sponsored links. All preceding risks are referred to as «Third Party Risks.» Infocoin Limited shall not be liable for any loss, claim, liability, expense, injury, inconvenience, business interruption, or cost of any kind that may arise out of or in connection with any Third Party risks.
7.4 Users on the Site are solely responsible for determining and enforcing the terms and conditions of transactions entered into on Third Party Platform through or as a result of using the Site or the Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, titles, licenses, fines, permits, processing, transportation and storage, subject to any additional obligations stipulated by any concluded agreement.
7.5 The User undertakes to provide all information and data required by Infocoin Limited, since Your transactions are conducted on, through, or due to the use of the Site or Services. Infocoin Limited has the right to suspend or delete the account of any User if the User fails to provide the necessary information and data. At the same time, Infocoin Limited will not be liable for loss or damage arising out of or in connection with such suspension or deletion.
7.6 In the event of a dispute by any User, such Users undertake to release Infocoin Limited (and our agents, affiliates, directors, officers, and employees) from all claims, requests, actions, procedures, costs, expenses, and damages (including, without limitation, any substantial, special, incidental or consequential damages) arising out of or in connection with such dispute or transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY Infocoin Limited ON OR THROUGH THE SITE IS PROVIDED «AS IS,» «AS AVAILABLE,» AND «WITH ALL FAULTS» AND Infocoin Limited DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, AND APPROPRIATENESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, LIABILITIES ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, Infocoin Limited MAKES NO WARRANTIES OF ANY KIND ABOUT THE RELIABILITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; Infocoin Limited DOES NOT GUARANTEE THAT THE MANUFACTURE, IMPORT, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALES AND/OR USE OF THE PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DO NOT INFRINGE ANY RIGHTS OF ANY THIRD PARTIES. Infocoin Limited MAKES NO STATEMENTS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR PRESENTED ON THE SITE.
8.3 Any data uploaded or otherwise obtained through the Site or Services is created at the discretion of each User. Each User is solely responsible for any damage to their computer system or Infocoin Limited computer system(s) and any loss of data that may result from the download of any such data. No information or advice, whether oral or written, received by any User from Infocoin Limited or through or from the Site do not create any warranties not expressly stated here.
8.4 The Site may promote User’s services or products provided by independent third parties. No warranties or representations are made for such services or products. Infocoin Limited and affiliates are not responsible for any of such services or products.
8.5 Each User agrees to indemnify Infocoin Limited, affiliates, directors, officers, and employees for any and all damages, and also to indemnify said persons from claims, liability (including legal costs in full), which may arise from such User’s use or access to the Site or the Services (including, but not limited to providing, posting or displaying such User’s information or User Content on the Platform) or from your breach of any of the Terms, including representations and warranties. Each User hereby agrees to reimburse Infocoin Limited, affiliates, directors, officers, and employees any and all losses, claims, liability (including legal fees on a fully indemnified basis) that may result from the User’s breach of representations and warranties made by the User to Infocoin Limited, including but not limited to those outlined in paragraph 5 of this Agreement.
8.6 Each User hereby agrees to compensate Infocoin Limited, affiliates, directors, officers, and employees any and all losses, claims, liability (including legal fees in full) that may arise, directly or indirectly, as a result of any claims asserted by claimants of Third Party Rights or other third parties related to the services, products, User Content or other information offered or displayed on the Site. Each User hereby agrees that Infocoin Limited shall not be accountable or liable to you for any data posted by others, including defamatory or illegal data, and that the risk of loss from such data lies entirely with each User. Infocoin Limited reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you shall cooperate with Infocoin Limited in asserting any remedies available.
8.7 Infocoin Limited shall not be liable for any direct, indirect, punitive, incidental, or consequential loss or damage of any kind (including but not limited to loss of profit or savings, business interruption, loss of information) incurred as a result of a contract, negligence, breach of law, in equity or otherwise, or any other damages arising out of any of the following:
a) use or inability to use the Platform or Services;
b) Any defect in data, information, or services acquired or received from the User or any other third party through the Site or the Services;
c) Violation of the rights of third parties or claims or requirements for the production, import, export, distribution, offer, display, purchase, sale and/or use of the User’s products or services advertised or displayed on the Site or through the provision of the Services that may violate or may be claimed as violating the rights of third parties; or claims of any party related to the protection of rights,
d) Unauthorized access of third parties to the data or personal information of any User;
e) Statements or actions of any User of the Platform or Services;
f) Other actions related to the Platform or Services arising, including due to negligence.
8.8 Notwithstanding any of the preceding, the aggregate liability of Infocoin Limited, our employees, agents, affiliates, representatives, or persons acting on our behalf to each User for all claims arising from the use of or access to the Site or Services during any calendar year, shall be limited to the greater of (a) the User’s payment to Infocoin Limited for using or accessing the Site or Services during a calendar month and (b) the maximum amount permitted by applicable law. The preceding provision does not preclude the User from requiring evidence of actual damages. All claims arising in connection with the use of the Site or the Services must be brought within six (6) months from the date the cause of action arose, or a longer period if required under the applicable law governing these Terms.
8.9 The limitations and disclaimers of liability to You under these Terms apply to the maximum extent permitted by law and apply whether or not the Infocoin Limited User is warned or should have known of the possibility of such damages.
9. Force majeure
9.1 Under no circumstances Infocoin Limited shall not be liable and obligated to pay compensation of any nature for any damage resulting from the unavailability, inconvenience or failure of the services, systems, the Platform or the delay or failure to provide the Services for the following reasons: (a) system outage for maintenance; (b) the impossibility of data transmission as a result of failures in the operation of communication terminals or telecommunications equipment; (c) systems failure and inability to perform functions due to force majeure, including, but not limited to, typhoons, earthquakes, tsunamis, floods, power outages, fires, storms, wars, political unrest, strikes, labor shortages, or materials, riots, insurrections, civil unrest, acts of terrorism, explosions, natural disasters, governmental actions, acts of national or foreign courts or tribunals, default by third parties; or (d) suspension or delay of the Services or system failures due to causes beyond control of Infocoin Limited, such as hacker or cyber attacks, technical adjustments or malfunctions of telecommunications equipment, website updates, failures of third parties, or any suspension or interruption of logistic or business operations (including, but not limited to, delays or interruptions in the resumption of work or operations by order of any governmental authority), in the event of a national or regional spread of an epidemic or pandemic.
10. Intellectual Property Rights
10.1 Infocoin Limited is the sole owner or legal licensee of all rights and interests in the Site and the Site’s Content. The Site and Site Content represent trade secrets and other intellectual property rights protected under international copyright and other laws. All titles, proprietary and intellectual property rights in and to the Site and Site content shall remain with Infocoin Limited, affiliates, or licensors, if any. All rights asserted under the Terms or Infocoin Limited are hereby reserved.
10.2 «Infocoin», «INFOCOIN» and related icons and logos are registered trademarks or service marks of Infocoin Limited or its affiliates in different jurisdictions and are protected under applicable copyright, trademark, and other proprietary laws. Unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
10.3 Infocoin Limited may involve an independent third party to provide the Platform or Services (for example, providers for authentication and service verification). You may not use any trademarks, service marks, or logos of such independent third parties without the prior written consent of such third parties.
10.4 To the fullest extent permitted by applicable law, all right, title, and interest in all derivative works of intellectual activity created by Infocoin Limited and/or its affiliates using User Content under the Terms are owned by Infocoin Limited and may be freely transferred to Infocoin Limited (including, under a license agreement) to any third party or its affiliates
11.1 All legal notices or claims to Infocoin Limited must be made in writing and sent to Infocoin Limited in person, by courier, or by registered mail to the Director and address: Anexartisias & Athinon, NORA COURT, 2nd floor, Office 203, 3040 Limassol, Cyprus.
To the attention of the Legal Department. All legal notices or requests to the address of Infocoin Limited must be made in writing and sent to Infocoin Limited in person, by courier or registered mail to the address: Anexartisias & Athinon, NORA COURT, 2nd floor, Office 203, 3040 Limassol, Cyprus. The notifications must be valid at the time of receipt of Infocoin Limited in any of the above ways.
11.2 All legal notices or claims against the User shall be valid if either delivered personally, by courier, registered mail, facsimile or e-mail to the last known address, fax or e-mail specified by the User to Infocoin Limited, or by posting such notices or demands on the Site, in a publicly available section, without payment. The User’s notice is recognized as received by such User if and when:
a) Infocoin Limited can demonstrate that such notice or demand, whether in physical or electronic form, has been sent to such User, or
b) immediately after Infocoin Limited places such notice on the Site on publicly available sections without payment.
11.3 You agree that all agreements, notices, requirements, information, and other communications that Infocoin Limited sends you electronically satisfy the law regulations, and such notices shall be deemed to have been given in writing.
12. General provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between You and Infocoin Limited and govern Your use of the Platform and Services, superseding any prior written or oral agreements regarding the contents of this document.
12.2 Infocoin Limited and you are independent parties, and none of the following relationships: agency, partnership, joint venture, employee-employer, or franchisor-franchisee is implied or created under the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, that provision shall be removed, and the remaining provisions shall remain in effect and be enforced.
12.4 Headings are used for reference purposes only and in no way define, limit, construe or describe the content of the respective clause.
12.5 Opt-out by Infocoin Limited exercise any right or omission for any breach by You under the Terms does not constitute a waiver of that right and does not constitute a waiver of right of Infocoin Limited to act accordingly in the event of subsequent or similar violations.
12.6 Infocoin Limited has the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations in the Terms) to any person or entity (including any affiliate of Infocoin Limited.). In general or in part, you may not assign the Terms to any person or entity.
12.7 THESE TERMS AND CONDITIONS (AGREEMENT) ARE GOVERNED BY THE APPLICABLE LAW, IF YOU CONCLUDE THE AGREEMENT, IN ACCORDANCE WITH PARAGRAPH 2.1. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THE COURTS OF THE REPUBLIC OF CYPRUS HAVE EXCLUSIVE COMPETENCE RELATING TO THE SETTLEMENT OF DISPUTES BETWEEN US AS SUBJECTS OF THE AGREEMENT.
12.8. If you have any comments regarding the Services we provide to you, you may contact the company office in writing, either by e-mail email@example.com or by filling out the special feedback form on the Site with any such feedback or questions.
12.9 The fact of deleting your account means the termination of these Terms, concluded between you and us, unilaterally out of court.