PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
OVERVIEW
This Terms of Service Agreement ("Agreement") is entered into by and
between MiningDevs, registered address Next57 Coworking, Plot No. 57,
Industrial Area Phase I, Chandigarh, 160002, India ("Company") and
you, and is made effective as of the date of your use of this website
https://miningdevs.com/ ("Site") or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use
of the https://miningdevs.com/ as well as the products and/or services
purchased or accessed through this Site (the "Services"). Whether you
are simply browsing or using this Site or purchasing Services, your
use of this Site and your electronic acceptance of this Agreement
signifies that you have read, understand, acknowledge and agree to be
bound by this Agreement our Privacy policy. The terms "we", "us" or
"our" shall refer to Company. The terms "you", "your", "User" or
"customer" shall refer to any individual or entity who accepts this
Agreement, uses our Site, has access or uses the Services. Nothing in
this Agreement shall be deemed to confer any third-party rights or
benefits. Company may, in its sole and absolute discretion, change or
modify this Agreement, and any policies or agreements which are
incorporated herein, at any time, and such changes or modifications
shall be effective immediately upon posting to this Site. Your use of
this Site or the Services after such changes or modifications have
been made shall constitute your acceptance of this Agreement as last
revised. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST
REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
ELIGIBILITY
This Site and the Services are available only to Users who can form
legally binding contracts under applicable law. By using this Site or
the Services, you represent and warrant that you are
(i) at least eighteen (18) years of age,
(ii) otherwise recognized as being able to form legally binding
contracts under applicable law, and
(iii)are not a person barred from purchasing or receiving the Services
found under the laws of India or other applicable jurisdiction. If you
are entering into this Agreement on behalf of a company or any
corporate entity, you represent and warrant that you have the legal
authority to bind such corporate entity to the terms and conditions
contained in this Agreement, in which case the terms "you", "your",
"User" or "customer" shall refer to such corporate entity. If, after
your electronic acceptance of this Agreement, the Company finds that
you do not have the legal authority to bind such a corporate entity,
you will be personally responsible for the obligations contained in
this Agreement.
RULES OF USER CONDUCT
By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply
with this Agreement and all applicable local, state, national and
international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the
exploitation of children;
- Promotes, encourages or engages in terrorism, violence against
people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited
bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any
other person or entity;
- Violates the privacy or publicity rights of another User or any
other person or entity, or breaches any duty of confidentiality that
you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses,
Cryptocurrency Miners or other code, files or programs designed to, or
capable of, using many resources, disrupting, damaging, or limiting
the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this Site, except where
expressly authorized by Company,
- copy or duplicate this Terms of Services agreement,
- modify or alter any part of this Site or any of its related
technologies,
- access Companies Content (as defined below) or User Content through
any technology or means other than through this Site itself.
INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section
apply specifically to your use of Companies Content posted to Site.
Companies Content on this Site, including without limitation the text,
software, scripts, source code, API, graphics, photos, sounds, music,
videos and interactive features and the trademarks, service marks and
logos contained therein ("Companies Content"), are owned by or
licensed to MiningDevs in perpetuity, and are subject to copyright,
trademark, and/or patent protection. Companies Content is provided to
you "as is", "as available" and "with all faults" for your information
and personal, non-commercial use only and may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any purposes whatsoever
without the express prior written consent of Company. No right or
license under any copyright, trademark, patent, or other proprietary
right or license is granted by this Agreement.
LINKS TO THIRD PARTY WEBSITES
This Site may contain links to third-party websites that are not owned
or controlled by Company. Company assumes no responsibility for the
content, terms and conditions, privacy policies, or practices of any
third-party websites. In addition, Company does not censor or edit the
content of any third-party websites. By using this Site you expressly
release Company from any and all liability arising from your use of
any third-party website. Accordingly, Company encourages you to be
aware when you leave this Site and to review the terms and conditions,
privacy policies, and other governing documents of each other website
that you may visit.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE
SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
AND/OR
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION
OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL
(I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR
(II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE
SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND
WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and
shall survive any termination or expiration of this Agreement or your
use of this Site or the Services found at this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES
THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II)
THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III)
THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV)
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V)
THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(VI) ANY
INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO
THIS SITE,
(VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE,
(VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS,
PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
(IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND
WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of
action arising out of or related to this Site or the Services found at
this Site must be commenced within one (1) year after the cause of
action accrues, otherwise such cause of action shall be permanently
barred. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or
expiration of this Agreement or your use of this Site or the Services
found at this Site.
INDEMNITY
You agree to protect, defend, indemnify and hold harmless Company and
its officers, directors, employees, agents from and against any and
all claims, demands, costs, expenses, losses, liabilities and damages
of every kind and nature (including, without limitation, reasonable
attorneys’ fees) imposed upon or incurred by Company directly or
indirectly arising from
(i) your use of and access to this Site;
(ii) your violation of any provision of this Agreement or the
policies or agreements which are incorporated herein; and/or
(iii) your violation of any third-party right, including without
limitation any intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any
termination or expiration of this Agreement or your use of this Site
or the Services found at this Site.
DATA TRANSFER
If you are visiting this Site from a country other than the country in
which our servers are located, your communications with us may result
in the transfer of information across international boundaries. By
visiting this Site and communicating electronically with us, you
consent to such transfers.
AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our
policies, we shall use commercially reasonable efforts to attempt to
provide this Site on 24/7 basis. You acknowledge and agree that from
time to time this Site may be inaccessible for any reason including,
but not limited to, periodic maintenance, repairs or replacements that
we undertake from time to time, or other causes beyond our control
including, but not limited to, interruption or failure of
telecommunication or digital transmission links or other failures. You
acknowledge and agree that we have no control over the availability of
this Site on a continuous or uninterrupted basis, and that we assume
no liability to you or any other party with regard thereto.
DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the
Services at any time, for any or no reason, and without prior notice.
Although Company makes great effort to maximize the lifespan of all
its Services, there are times when a Service we offer will be
discontinued. If that is the case, that product or service will no
longer be supported by Company. In such case, Company will either
offer a comparable Service for you to migrate to or a refund. Company
will not be liable to you or any third party for any modification,
suspension, or discontinuance of any of the Services we may offer or
facilitate access to.
FEES AND PAYMENTS
You acknowledge and agree that your payment will be charged and
processed by RHIZOME EDTECH. You agree to pay any and all prices and
fees due for Services purchased or obtained at this Site at the time
you order the Services. Company expressly reserves the right to change
or modify its prices and fees at any time, and such changes or
modifications shall be posted online at this Site and effective
immediately without need for further notice to you. Except as
expressly provided in these Terms, all charges and payments are
non-refundable, non-cancellable, and non-creditable, even if your
Services are suspended, terminated, or transferred prior to the end of
the Services term.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits.
COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available
on this Site are appropriate in every country or jurisdiction, and
access to this Site from countries or jurisdictions where its content
is illegal is prohibited. Users who choose to access this Site are
responsible for compliance with all local laws, rules and regulations.
GOVERNING LAW
This Agreement and any dispute or claim 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 India,
Punjab, to the exclusion of conflict of law rules.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of
Services will be settled by binding arbitration. Any such controversy
or claim must be arbitrated on an individual basis, and must not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration must be conducted in India, Punjab, and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof.
TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease
of reference only and shall not be utilized in any way to construe or
interpret the agreement of the parties as otherwise set forth herein.
SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for
all purposes to be a separate and independent covenant or agreement.
If a court of competent jurisdiction holds any provision (or portion
of a provision) of this Agreement to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions) of
this Agreement shall not be affected thereby and shall be found to be
valid and enforceable to the fullest extent permitted by law.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by
email or regular mail at the following address: MiningDevs Next57
Coworking, Plot No. 57, Industrial Area Phase I, Chandigarh, 160002,
India info@miningdevs.com