TERMS
OF USE
DFCHAIN
LATIN S.A.C. (“DFCHAIN LATIN,” “we,” “us,” or “our”) is a
platform service company that publish NFT, blockchain
games and the infrastructure that makes them possible,
DFCHAIN
LATIN hosts a top-level domain website, www.infinitymarket.net, that serves information
regarding infinity market and our products, (the “Sites”), which include text, images, audio, code, and other
materials or third party information.
These
Terms of Use (the “Terms,” “Terms of Use” or “Agreement”) contain the terms and conditions that govern your
access to and use of the Site and Services (as defined below) provided by us
and is an agreement between us and you or the entity you represent (“you” or “your”).
Please
read these Terms of Use carefully before using the Site or Services. By using
the Site, or clicking a button or checkbox to accept or agree to these Terms
where that option is made available or, completing an order form for Services,
or, if earlier, using or otherwise accessing the Services (the “Effective Date”), you (1) accept and
agree to these Terms and any additional terms, rules and conditions of
participation issued by DFCHAIN LATIN from time to time and. If you do not
agree to the Terms, then you may not access or use the Services.
You
represent to us that you are lawfully able to enter into contracts. If you are
entering into this Agreement for an entity, such as the company you work for,
you represent to us that you have legal authority to bind that entity.
In
addition, you represent to us that you and your financial institutions, or any
party that owns or controls you or your financial institutions, are (1) not
subject to sanctions or otherwise designated on any list of prohibited or
restricted parties, including but not limited to the lists maintained by the
United Nations Security Council, the U.S. Government (e.g., the Specially
Designated Nationals List and Foreign
Sanctions
Evaders List of the U.S. Department of Treasury and the Entity List of the U.S.
Department of Commerce), the European Union or its Member States, or other
applicable government authority and (2) not located in any country to which the
United States has embargoed goods or has otherwise applied any sanctions.
1. The
Services.
1.1
Generally.
You may access and use the Services in accordance with this Agreement. You
agree to comply with the terms of this Agreement and all laws, rules, and
regulations applicable to your use of the Service Offerings.
1.2
Offerings
and Access. DFCHAIN LATIN offers a number of products (each a “Service”) under the DFCHAIN LATIN brand
or brands serviced by us. These include Infinity market, Rush coin, Rush Wallet,
Bebit and others.
Services
are accessed through the Site unless otherwise agreed in writing or otherwise
offered. Some Services may require you to create an Account, enter a valid form
of payment, and select a paid plan (a “Plan”),
or initiate an Order for a Plan or Service.
1.3
Third-Party
Content. In certain Services, Third-Party Content may be used by you at your
election. Third-Party Content is governed by this Agreement and, if applicable,
separate terms and conditions accompanying such Third-Party Content, which
terms and conditions may include separate fees and charges.
1.4
Third-Party
Services. When you use our Services, you may also be using the services of one
or more third parties. Your use of these third-party services may be subject to
the separate policies, terms of use, and fees of these third parties.
2. Changes.
2.1
To
the Services. We may change or discontinue any or all of the Services or change
or remove functionality of any or all of the Services from time to time. For
any discontinuation of or material change to a Service, we will use
commercially reasonable efforts to continue supporting the previous version of
the Service for three months after the change or discontinuation (except if
doing so (a) would pose a security or intellectual property issue, (b) is
economically or technically burdensome, or (c) would cause us to violate the
law or requests of governmental entities).
2.2
To
this Agreement. We reserve the right, at our sole discretion, to modify or
replace any part of this Agreement (including any Policies) at any time. It is
your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Services following the posting of any changes
to this Agreement constitutes acceptance of those changes.
3. Your Responsibilities.
3.1
Your Accounts. Except to the extent caused
by our breach of this Agreement, (a) you are responsible for all activities
that occur under your Account, regardless of whether the activities are
authorized by you or undertaken by you, your employees, or a third party
(including your contractors, Agents or End Users), and (b) we and our
affiliates are not responsible for unauthorized access to your Account.
3.2
Your Use. You will ensure that Your Use of
the Services does not violate any applicable law. You are solely responsible
for Your Use of the Services.
3.3
Your
Security and Backup. You are responsible for properly configuring and using the
Services and otherwise taking appropriate action to secure, protect, and backup
your Accounts and Your Content in a manner that will provide appropriate
security and protection, which might include use of encryption.
3.4
Log-In
Credentials and Account Keys. To the extent we provide you with log-in
credentials and API authentication generated by the Services, such log-in
credentials and API authentication are for your internal use only and you will
not sell, transfer or sublicense them to any other entity or person, except
that you may disclose your private key to your agents and subcontractors
performing work on your behalf.
4. Transaction and duties when using service
While using the service, the user can obtain virtual currency and items in the game as well as the store online or within the game (hereinafter “store”).
The virtual currency or items that can be obtained in the store does not have its exclusive ownership provided to the user; only the right to use is granted.
The user agrees to pay all the price, including fees and relevant taxes, that occur with using the service, within the limit permitted by relevant legislation.
The company owns the rights to change the value of virtual currency or items sold at the store at any time without prior notice.
When obtaining virtual currency and items through the service, various transaction methods provided by the company (credit card, automatic transfer, PayPal, etc.) can be used.
When using other transaction and billing services, additional costs can be charged as well as agreeing to terms and conditions related to the use of select provider. It is the user’s duty to pay takes granted by each country and local organizations related to the purchase and use of virtual currency and items in the service provided by the company.
The company notifies the user in advance out of the contents that have to be purchased that are non-refundable or are for sale, and contents and items that were normally purchased with the user’s choice cannot be refunded in principle.
If the account is permanently blocked, all use rights for content license, virtual currency balance and items related to the account are lost. All lost virtual currency, points, items, etc. occurred from the violation of these terms and conditions by the user are not of any responsibility or compensation by the company.
The items obtained by using virtual currency or items are included in the account until the expiration date of each item, account, these terms or the termination/conclusion of this service.
For any reason, if the charge approved by the user is refunded without any prior agreement with the company, the user’s account can be terminated or cancelled.
To use the account that has been suspended, the refunded amount must be paid using another credit card or other payment methods, and the company is not responsible for any credit card, bank related charge or fees related to the user’s transaction.
The company has the rights to limit the order quantity of the item or to refuse providing the item to the user without any prior notice.
Notwithstanding these terms, legislation of the user’s company can be applied on the purchase of virtual items and service provided to the user, and the user can gain rights specified on the legislation or relief measures within the range in which the legislation is applied.
5. Fees
and Payment.
5.1
Publicly
Available Services. Some Services, including paid Services up to a certain use
threshold, may be offered to the public and licensed on a royalty free basis.
5.2
Taxes.
Each party will be responsible, as required under applicable law, for
identifying and paying all taxes and other governmental fees and charges (and
any penalties, interest, and other additions thereto) that are imposed on that
party upon or with respect to the transactions and payments under this
Agreement. All Fees payable by you are exclusive taxes unless otherwise noted.
We reserve the right to withhold taxes where required.
6. Temporary
Suspension; Limiting API Requests.
6.1
Generally.
We may suspend Your right to access or use any portion or all of the Services
immediately upon notice to you if we determine:
(a)
your
use of the Services (i) poses a security risk to the
Services or any third party, (ii) could adversely impact our systems, the
Services or the systems of any other user, (iii) could subject us, our
affiliates, or any third party to liability, or (iv) could be fraudulent;
(b)
you
are, or any End User is, in breach of this Agreement;
(c)
for entities, you have ceased to operate in
the ordinary course, made an assignment for the benefit of creditors or similar
disposition of your assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution or similar proceeding.
6.2
Limiting API Requests. If applicable to a particular Service, we retain sole
discretion to limit your usage of the Services (including without limitation by
limiting the number of API requests you may submit (“API Requests”)) at any time if your usage of the Services exceeds
the applicable Threshold for your Selected Service.
7. Term;
Termination.
7.1
Term.
The term of this Agreement will commence on the Effective Date and will remain
in effect until terminated under this Section 7. Any notice of termination of
this Agreement by either party to the other must include a Termination Date
that complies with the notice periods in Section 7.2.
7.2
Termination.
(a)
Termination
for Convenience. You may terminate this Agreement for any reason by, in the case
of Plan’s not requiring an Account, ceasing use of the service.
(b)
Termination
for Cause.
(i)
By
Either Party. Either party may terminate this Agreement for cause if the other
party is in material breach of this Agreement and the material breach remains
uncured for a period of 30 days from receipt of notice by the other party.
(ii)
By
Us. We may also terminate this Agreement immediately upon notice to you (A) for
cause if we have the right to suspend under Section 6, (B) if our relationship
with a third-party partner who provides software or other technology we use to
provide the Services expires, terminates or requires us to change the way we
provide the software or other technology as part of the Services, or (C) in
order to comply with the law or requests of governmental entities.
7.3
Effect
of Termination. Upon the Termination Date:
(i)
all
your rights under this Agreement immediately terminate;
(ii)
each
party remains responsible for all fees and charges it has incurred through the
Termination
Date
and are responsible for any fees and charges it incurs during the
post-termination period;
(iii)
Sections
3, 4, 6.3, 7 (except the license granted to you in Section 8.2), 8, 9, 10, 11
and 14 will continue to apply in accordance with their terms.
For
any use of the Services after the Termination Date, the terms of this Agreement
will again apply.
8. Proprietary
Rights.
8.1
Your Content. Depending on the Service, you
may share Content with us. Except as provided in this Section 8, we obtain no
rights under this Agreement from you (or your licensors) to Your Content. You
consent to our use of Your Content to provide the Services to you.
8.2 Service Offerings License. We
or our licensors own all right, title, and interest in and to the Services, and
all related technology and intellectual property rights. Subject to the terms
of this Agreement, we grant you a limited, revocable, non-exclusive, non-sub
licensable, non-transferable license to do the following: (a) access and use
the Services solely in accordance with this Agreement; and (b) copy and use Our
Content solely in connection with your permitted use of the Services. Except as
provided in this Section 8.2, you obtain no rights under this Agreement from
us, our affiliates or our licensors to the Service Offerings, including any
related intellectual property rights. Some of Our Content and Third-Party
Content may be provided to you under a separate open-source license. In the
event of a conflict between this Agreement and any separate license, the
separate license will prevail with respect to Our Content or Third-Party
Content that is the subject of such separate license.
8.3 License Restrictions. Neither
you nor any End User will use the Services in any manner or for any purpose
other than as expressly permitted by this Agreement. Except as expressly
authorized, neither you nor any End User will, or will attempt to (a) modify,
distribute, alter, tamper with, repair, or otherwise create derivative works of
any Content included in the Services (except to the extent Content included in
the Services is provided to you under a separate license that expressly permits
the creation of derivative works), (b) reverse engineer, disassemble, or
decompile the Services or apply any other process or procedure to derive the
source code of any software included in the Services (except to the extent
applicable law doesn’t allow this restriction), (c) access or use the Services
in a way intended to avoid incurring fees or exceeding usage limits or quotas,
(d) use scraping techniques to mine or otherwise scrape data except as
permitted by a Plan, or (e) resell or sublicense the Services unless otherwise agreed
in writing. You will not use Our Marks unless you obtain our prior written
consent. You will not misrepresent or embellish the relationship between us and
you (including by expressing or implying that we support, sponsor, endorse, or
contribute to you or your business endeavors). You will not imply any
relationship or affiliation between us and you except as expressly permitted by
this Agreement.
8.4 Suggestions. If you provide
any Suggestions to us or our affiliates, we and our affiliates will be entitled
to use the Suggestions without restriction. You hereby irrevocably assign to us
all right, title, and interest in and to the Suggestions and agree to provide
us any assistance we require to document, perfect, and maintain our rights in
the Suggestions.
8.5 U.S. Government Users. If you
are a U.S. Government end-user, we are licensing the Services to you as a
“Commercial Item” as that term is defined in the U.S. Code of Federal
Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the
Services are the same as the rights we grant to all others under these
Conditions of Use.
9
Indemnification.
9.1 General.
9.1.1
You
will defend, indemnify, and hold harmless us, our affiliates and licensors, and
each of their respective employees, officers, directors, and representatives
from and against any Losses arising out of or relating to any claim concerning:
(a) breach of this Agreement or violation of applicable law by you; and (b) a
dispute between you and any of your customers or users. You will reimburse us
for reasonable attorneys’ fees and expenses, associated with claims described
in (a) and (b) above.
9.1.2
We
will defend, indemnify, and hold harmless you and your employees, officers,
directors, and representatives from and against any Losses arising out of or
relating to any claim concerning our material and intentional breach of this
Agreement. We will reimburse you for reasonable attorneys’ fees and expenses
associated with the claims described in this paragraph.
9.2 Intellectual Property.
9.2.1
Subject
to the limitations in this Section 8, you will defend DFCHAIN LATIN, its
affiliates, and their respective employees, officers, and directors against any
third-party claim alleging that any of Your Content infringes or
misappropriates that third party’s intellectual property rights, and will pay
the amount of any adverse final judgment or settlement.
9.2.2
Subject
to the limitations in this Section 9, we will defend you and your employees,
officers, and directors against any third-party claim alleging that the
Services infringe or misappropriate that third party’s intellectual property
rights, and will pay the amount of any adverse final judgment or settlement.
9.2.3
Neither
party will have obligations or liability under this Section 9.2 arising from
infringement by your combinations of the Services with any other product,
service, software, data, content or method. In addition, we will have no
obligations or liability arising from your use of the Services after we have
notified you to discontinue such use. The remedies provided in this Section 9.2
are the sole and exclusive remedies for any third-party claims of infringement
or misappropriation of intellectual property rights by the Services or by Your
Content.
9.3 Process. In no event will a
party agree to any settlement of any claim that involves any commitment, other
than the payment of money, without the written consent of the other party.
10
Disclaimers; Risk.
10.1 DISCLAIMER. THE SERVICE
OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO
THE EXTENT ANY STATUTORY RIGHTS
APPLY
THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR
AFFILIATES
AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES
OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE
REGARDING
THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B)
DISCLAIM
ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS
WARRANTIES
(I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR
QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING
OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL
BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY
CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
10.2 RISKS. OUR SERVICES RELY ON EMERGING
TECHNOLOGIES, SUCH AS BEBIT
NETWORK.
SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF
THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU
EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.
11. Limitations
of Liability.
11.1
Limitation
of Liability. WITH THE EXCEPTION OF CLAIMS RELATING TO ABREACH OF OUR
PROPRIETARY RIGHTS AS GOVERNED BY SECTION 8 AND INTELLECTUAL PROPERTY CLAIMS AS
GOVERNED BY SECTION 9, IN NO EVENTSHALL THE AGGREGATE LIABILITY OF EACH PARTY
TOGETHER WITH ALL OF ITS AFFILIATES. THE FOREGOING LIMITATION WILL APPLY
WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF
LIABILITY, BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 5.
11.2
Exclusion
of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY OR ITS
AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR
ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION
IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A
PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL
PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY
LAW.
12. Binding
Arbitration and Class Action Waiver.
PLEASE
READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
12.1
Binding
Arbitration. Any dispute, claim or controversy (“Claim”) relating in any way to this Agreement, the Site, or your
use of the Services will be resolved by binding arbitration as provided in this
Section 12, rather than in court, except that you may assert claims in small
claims court if your claims qualify.
12.2
This
agreement and any dispute or claim (including non-contractual disputes or
claims) arising out of or in connection with it or its subject matter or
formation shall be governed by and construed in accordance with the laws of
Peru.
12.3
Class
Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A
PLAINTIFF
OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE
EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS
BASIS.
Unless
both you and we agree, no arbitrator or judge may consolidate more than one
person’s claims or otherwise preside over any form of a representative or class
proceeding. The arbitrator may award injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide
relief warranted by that party’s individual claim. If a court decides that
applicable law precludes enforcement of any of this paragraph’s limitations as
to a particular claim for relief, then that claim (and only that claim) must be
severed from the arbitration and may be brought in court. If any court or
arbitrator determines that the class action waiver set forth in this paragraph
is void or unenforceable for any reason or that an arbitration can proceed on a
class basis, then the arbitration provision set forth above shall be deemed
null and void in its entirety and the parties shall be deemed to have not
agreed to arbitrate disputes.
12.4
30-Day
Right to Opt Out. You have the right to opt-out and not be bound by the
arbitration and class action waiver provisions set forth above by sending
written notice of your decision to opt-out to the following address: via email
at [email protected] with subject line LEGAL OPT OUT. The notice must be
sent within 30 days of you first signed this agreement, otherwise, you shall be
bound to arbitrate disputes in accordance with the terms of those paragraphs.
If you opt-out of these arbitration provisions, we will also not be bound by
them.
13. Miscellaneous.
13.1
Assignment.
You will not assign or otherwise transfer this Agreement or any of your rights
and obligations under this Agreement, without our prior written consent. Any
assignment or transfer in violation of this Section 13.1 will be void. We may
assign this Agreement without your consent (a) in connection with a merger,
acquisition or sale of all or substantially all of our assets, or (b) to any
Affiliate or as part of a corporate reorganization; and effective upon such
assignment, the assignee is deemed substituted for us as a party to this
Agreement and we are fully released from all of our obligations and duties to
perform under this Agreement. Subject to the foregoing, this Agreement will be
binding upon, and inure to the benefit of the parties and their respective
permitted successors and assigns.
13.2
Entire
Agreement and Modifications. This Agreement incorporates the Policies by
reference and is the entire agreement between you and us regarding the subject
matter of this Agreement. If the terms of this document are inconsistent with
the terms contained in any Policy, the terms contained in this document will
control. Any modification to the terms of this Agreement may only be made in
writing.
13.3
Force
Majeure. Neither party nor their respective affiliates will be liable for any
delay or failure to perform any obligation under this Agreement where the delay
or failure results from any cause beyond such party’s reasonable control,
including but not limited to acts of God, utilities or other telecommunications
failures, cyberattacks, earthquake, storms or other elements of nature,
pandemics, blockages, embargoes, riots, acts or orders of government, acts of
terrorism, or war.
13.4
Export
and Sanctions Compliance. In connection with this Agreement, you will comply
with all applicable import, re-import, sanctions, anti-boycott, export, and
re-export control laws and regulations, including all such laws and regulations
that may apply. For clarity, you are solely responsible for compliance related
to the manner in which you choose to use the Services. You may not use any
Service if you are the subject of U.S. sanctions or of sanctions consistent
with U.S. law imposed by the governments of the country where you are using the
Service.
13.5
Independent
Contractors; Non-Exclusive Rights. We and you are independent contractors and
this Agreement will not be construed to create a partnership, joint venture,
agency, or employment relationship. Neither party, nor any of their respective
affiliates, is an agent of the other for any purpose or has the authority to
bind the other. Both parties reserve the right (a) to develop or have developed
for it products, services, concepts, systems, or techniques that are similar to
or compete with the products, services, concepts, systems, or techniques
developed or contemplated by the other party, and (b) to assist third party
developers or systems integrators who may offer products or services which
compete with the other party’s products or services.
13.6
Eligibility.
If you are under the age of majority in your jurisdiction of residence, you may
use the Site or Services only with the consent of or under the supervision of
your parent or legal guardian.
NOTICE
TO PARENTS AND GUARDIANS: By granting your minor permission to access the Site
or Services, you agree to these Terms of Use on behalf of your minor. You are
responsible for exercising supervision over your minor’s online activities. If
you do not agree to these Terms of Use, do not let your minor use the Site or
Services.
13.7
Language.
All communications and notices made or given pursuant to this Agreement must be
in the English language. If we provide a translation of the English language
version of this Agreement, the English language version of the Agreement will
control if there is any conflict. 13.8 Notice.
(a)
To
You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Site; or (ii) sending a message
to the email address then associated with your Account. Notices we provide by
posting on the Site will be effective upon posting and notices we provide by
email will be effective when we send the email. It is your responsibility to
keep your email address current. You will be deemed to have received any email
sent to the email address then associated with your account when we send the
email, whether or not you actually receive the email.
(b)
To
Us. To give us notice under this Agreement, you must contact us by email at
13.9
No
Third-Party Beneficiaries. Except as otherwise set forth herein, this Agreement
does not create any third-party beneficiary rights in any individual or entity
that is not a party to this Agreement.
13.10
No
Waivers. The failure by us to enforce any provision of this Agreement will not
constitute a present or future waiver of such provision nor limit our right to
enforce such provision at a later time. All waivers by us must be in writing to
be effective.
13.11
Severability.
If any portion of this Agreement is held to be invalid or unenforceable, the
remaining portions of this Agreement will remain in full force and effect. Any
invalid or unenforceable portions will be interpreted to effect and intent of
the original portion. If such construction is not possible, the invalid or
unenforceable portion will be severed from this Agreement but the rest of the
Agreement will remain in full force and effect.
13.12
Notice
and Procedure for Making Claims of Copyright Infringement. If you are a
copyright owner or agent of the owner, and you believe that your copyright or
the copyright of a person on whose behalf you are authorized to act has been
infringed, please provide us notice at the email address below with the
following information:
1.
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
2.
a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
3.
a
description of where the material that you claim is infringing is located on
the Services;
4.
your
address, telephone number, and email address;
5.
a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
6.
a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner’s behalf.
You
can reach us at:
Email:
[email protected]
13. Definitions.
“Acceptable Use Policy” means the policy
set forth below, as it may be updated by us from time to time. You agree not
to, and not to allow third parties to, use the Services:
1.
to
violate, or encourage the violation of, the legal rights of others (for
example, this may include allowing End Users to infringe or misappropriate the
intellectual property rights of others in violation of the Digital Millennium
Copyright Act);
2.
to
engage in, promote or encourage any illegal or harmful activity or infringing,
offensive or harmful content;
3.
for
any unlawful, invasive, infringing, defamatory or fraudulent purpose (for
example, this may include phishing, creating a pyramid scheme or mirroring a
website);
4.
to
intentionally distribute viruses, worms, Trojan horses, corrupted files,
hoaxes, or other items of a destructive or deceptive nature;
5.
to
interfere with the use of the Services, or the equipment used to provide the
Services, by customers, authorized resellers, or other authorized users;
6.
to
disable, interfere with or circumvent any aspect of the Services (for example,
any thresholds or limits);
7.
to
generate, distribute, publish or facilitate unsolicited mass email, promotions,
advertising or other solicitation; or
8.
to use the Services, or any interfaces
provided with the Services, to access any other product or service in a manner
that violates the terms of service of such other product or service.
“Account Information” means information
about you that you provide to us in connection with the creation or
administration of your Account. For example, Account Information includes
names, usernames, phone numbers, email addresses and billing information
associated with your Account.
“API” means an application program
interface.
“API Request” has the meaning set forth
in Section 6.2.
“Content” means software (including
machine images), data, text, audio, video or images and any documentation we
offer for the Services.
“End User” means any individual or
entity that directly or indirectly through another user: (a) accesses or uses
Your Content; or (b) otherwise accesses or uses the Service Offerings under
your account.
“Losses” means any claims, damages,
losses, liabilities, costs, and expenses (including reasonable attorneys’
fees).’
“Our Marks” means any trademarks,
service marks, service or trade names, logos, and other designations of DFCHAIN
LATIN and their affiliates or licensors that we may make available to you in
connection with this Agreement.
“Order” means an order for the Products
or Services executed through an order form directly with DFCHAIN LATIN, or
through a cloud vendor, such as Amazon Web Services, Microsoft Azure, or Google
Cloud.
“Policies” means this Agreement, the
Acceptable Use Policy, Privacy Policy, any supplemental policies or addendums
applicable to any Service as provided to you, and any other policy or terms
referenced in or incorporated into this Agreement, each as may be updated by us
from time to time.
“Service” means each of the services,
including Infinity Market, Rush Coin, Rush Wallet, Bebit,
or any other features, tools, materials, or services offered from time to time,
including our network infrastructure, by us or our affiliates.
“Service Offerings” means the Services
(including associated APIs), Our Content, Our Marks, and any other product or
service provided by us under this Agreement. Service Offerings do not include
Third-Party Content or Third-Party Services.
“Suggestions” means all suggested
improvements to the Service Offerings that you provide to us.
“Term” means the term of this Agreement
described in Section 7.1.
“Termination Date” means the effective
date of termination provided in accordance with Section 7, in a notice from one
party to the other.
“Third-Party Content” means Content made
available to you by any third party on the Site or in conjunction with the
Services.
“Your Content” means Content that you or
any End User transfers to us for processing, storage or hosting by the Services
in connection with Account and any computational results that you or any End
User derive from the foregoing through their use of the Services. Your Content
does not include Account Information.
IMPORTANT NOTICE: THIS
AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS
AS DETAILED IN SECTION 12. PLEASE READ THE AGREEMENT CAREFULLY.
Last Updated: January, 2021