Terms of Service
- -Last revision: Friday 11th, February 2022
- -- Below are our Terms of Service, which outline a lot of legal goodies, but the bottom - line is we do not sell or share your data with any third parties. -
- -Terms
- -- This Terms of Service Agreement (the “Agreement”) is a legally binding - contract that shall govern our relationship with our users and others who may interact - or interface with Adastry and our subsidiaries and affiliates, in association with the - use of the Adastry website which includes - Adastry.io, (collectively “Adastry”), and - its Services, which shall be defined below. -
- -- This Agreement specifically incorporates by reference, the entirety of our - Privacy Policy. -
- -Assent & Acceptance
- -- By using Adastry, you warrant that you have read and reviewed this Agreement and you - agree to be bound by it. If you do not agree to be bound by this Agreement, please exit - Adastry immediately. We only agree to provide use of Adastry and the Services to you if - you assent to this Agreement. -
- -Definitions
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- - “EFFECTIVE DATE”: "Effective Date" means the date this Agreement - comes into force and effect. - -
- - “PARTIES”: The parties to this Agreement are the owner and operator of - Adastry, Reignfall Limited, and you, as the User or Member of Adastry. Hereinafter, - the parties will individually be referred to as "Party" and collectively as - "Parties." - -
- - “REIGNFALL LIMITED”: The publisher, owner, and operator of Adastry is - Reignfall Limited. Reignfall Limited shall be described as Owner, Operator or the - Company. If Reignfall Limited's property shall be referred to through first-person - pronouns, it shall be through the use of the following: us, we, our, ours, etc. - -
- - “YOU”: Should you agree to this Agreement and continue your use of - Adastry, you will be referred to as either you, the User, the Member (if you have - registered for any Services on Adastry), or if any second-person pronouns are required - and applicable, such pronouns as 'your", "yours", etc. - -
- - SERVICES: "Services" means any Services that we make available for use or - sale on Adastry. - -
Adastry Services
- -- Adastry is a unified dashboard for tracking cryptocurrency assets on the Cardano - network. Adastry also offers additional paid Services which may include, but are not - limited to, projections of your potential investment gains based on your linked accounts - history, data csv export, detailed transaction information, and tool for assisting you - to sort out complex transactions. Any and all visitors to Adastry, despite whether they - are registered or not, shall be deemed “Users” of the Adastry Services, as - described in this Agreement. Once an individual registers for the Services, through the - process of creating an account, the User shall then be considered a - “Member”. All Members are also Users. -
-- The User and/or Member acknowledges and agrees that the Services provided and made - available on and through Adastry are the sole property of the Company. We may offer the - Services or other access on additional mobile applications, which may be made available - on various social media networking sites and numerous other platforms and downloadable - programs. -
-- At our sole and exclusive discretion, we may offer additional Services and/or products, - or we may update, modify or revise any current content and Services. If we do so, this - Agreement shall apply to any and all additional Services and/or products and any and all - updated, modified or revised Services unless otherwise stipulated. We hereby reserve the - right to cancel and cease offering any of the aforementioned Services and/or products at - our discretion. You, as the end User and/or Member, acknowledge, accept and agree that - we shall not be held liable for any such updates, modifications, revisions, suspensions - or discontinuance of any of our Services and/or products. Your continued use of the - Services provided, after such posting of any updates, changes, and/or modifications, - shall constitute your acceptance of such updates, changes and/or modifications, and as - such, frequent review of this Agreement and any and all applicable terms and policies - should be made by you to ensure you are aware of all terms and policies currently in - effect. Should you not agree to the updated, revised or modified terms, you must stop - using the provided Services immediately. -
-Age Restriction
-- No minors under 18 years of age are permitted to use Adastry. By using Adastry as an - individual, you represent and warrant that you are at least 18 years of age and may - legally enter into a binding contract with the Company. We disclaim any liability for - any misrepresentation of your or any other user’s age. You further represent and - warrant that you are not prohibited from using Adastry under the laws of any applicable - jurisdiction. We assume no responsibility or liability for any misrepresentation of your - age. -
-Registration & Privacy
-- When you register, the Company may collect information such as your email address and, - depending on the Services you choose, other information, such as billing info and - verification data or cryptocurrency wallet information. Once you register with the - Company and sign in to our Services, you are no longer anonymous to Us. -
-- As a Member, you herein consent to the collection and use of the information provided by - the Company. You can obtain further details about our collection, use, storage, and - disclosure of data on our - Privacy Policy. -
- -Account and Security
- -- When you set up an account, you are the sole authorized user of your account. You shall - be responsible for maintaining the secrecy and confidentiality of your password and for - all activities that transpire on or within your account. -
-- You are also responsible for ensuring the continued accuracy of any information you may - provide to Us. Your registration information will allow you to use Adastry and the - Services. You must not share such information with any third party, and if you discover - that your identifying information has been compromised, you agree to notify us - immediately in writing. Email notification will suffice through our contact form. You - are exclusively responsible for your account, including for any act or omission of any - user(s) that may access your account, if such act or omission, when undertaken by you, - would be deemed a violation of this Agreement. -
-- Providing false or inaccurate information, or using Adastry or the Services to further - fraud or unlawful activity is grounds for immediate termination of this Agreement. -
-- You hereby acknowledge and agree that the Company shall not be held liable for any loss - and/or damage arising from any failure to comply with this Agreement. -
- -Payment & Billing
- -- If you elect to purchase any of the paid Services available on Adastry, you will be - asked to pay the amount required to access the Service. At the moment of sending the - payment, you might be charged for the network transaction fee, exchange or service - withdrawal fee. -
-- At the time of your purchase, you will be shown a breakdown of what you will be billed. -
-- If you would like a refund, you contact us with your request and reason for refund. - Refunds are not possible once you have downloaded any of the CSV files (including - Transaction History CSV). -
- -Conduct
- -- As a User or Member of Adastry, you herein acknowledge, understand and agree that all - information, text, software, data, photographs, music, video, messages, tags or any - other content, whether it is publicly or privately posted and/or transmitted, is the - express sole responsibility of the individual from whom the content originated. In - short, this means that you are solely responsible for any and all content posted, - uploaded, emailed, transmitted or otherwise made available by you by way of the Adastry - Services. We do not guarantee the accuracy, integrity or quality of such content. It is - expressly understood that by use of our Services, you may be exposed to errors or - omissions in content posted and/or any loss or damage as a result of the use of any - content posted, emailed, transmitted or otherwise made available on Adastry. -
-- Furthermore, you agree not to make use of Adastry’s Services for the purpose of: -
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- - Uploading, posting, emailing, transmitting, or otherwise making available any content - that may be deemed unlawful, harmful, threatening, abusive, harassing, tortious, - defamatory, vulgar, obscene, libelous, invasive of another's privacy or which is - hateful, and/or racially, ethnically, or otherwise objectionable; - -
- Engaging in or creating any unlawful gambling, sweepstakes, or pyramid scheme; -
- Implying any endorsement by the Company; -
- Causing harm to minors in any manner whatsoever; -
- - Impersonating any individual or entity, including, but not limited to, any Company - officials, forum leaders, guides or hosts or falsely stating or otherwise - misrepresenting any affiliation with an individual or entity; - -
- - Forging captions, headings or titles or otherwise offering any content that you - personally have no right to pursuant to any law or in accordance with any contractual - or fiduciary relationship; - -
- - Uploading, posting, emailing, transmitting or otherwise offering any such content that - may infringe upon any patent, copyright, trademark, or any other proprietary or - intellectual rights of any other party; - -
- - Uploading, posting, emailing, transmitting or otherwise offering any content that you - do not personally have any right to offer pursuant to any law or in accordance with - any contractual or fiduciary relationship; - -
- - Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or - unauthorized advertising, promotional flyers, “junk mail,” - “spam,” or any other form of solicitation, except in any such areas that - may have been designated for such purpose; - -
- - Uploading, posting, emailing, transmitting, or otherwise offering any source that may - contain a software virus or other computer code, any files and/or programs which have - been designed to interfere, destroy and/or limit the operation of any computer - software, hardware, or telecommunication equipment; - -
- - Disrupting the normal flow of communication, or otherwise acting in any manner that - would negatively affect other users' ability to participate in any real-time - interactions; - -
- - Interfering with or disrupting any Adastry Services, servers and/or networks that may - be connected or related to our website, including, but not limited to, the use of any - device software and/or routine to bypass the robot exclusion headers; - -
- - “Stalking” or with the intent to otherwise harass another individual; - and/or - -
- - Collecting or storing of any personal data relating to any other Member or User in - connection with the prohibited conduct and/or activities which have been set forth in - the aforementioned paragraphs. - -
- The Company reserves the right to pre-screen, refuse and/or delete any content currently - available through our Services. In addition, we reserve the right to remove and/or - delete any such content that would violate this Agreement or which would otherwise be - considered offensive to other Users and/or Members. -
-- The Company reserves the right to access, preserve and/or disclose Member account - information and/or content if it is requested to do so by law or in good faith belief - that any such action is deemed reasonably necessary for: -
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- Compliance with any legal process; -
- Enforcement of this Agreement; -
- - Responding to any intellectual property claim by any other User, Member or third - party; - -
- Responding to requests for customer service; or -
- - Protecting the rights, property or the personal safety of the Company, its Users and - Members, including the general public. - -
- The Company reserves the right to include the use of security components that may permit - digital information or material to be protected. Such use of information and/or material - is subject to usage guidelines and regulations established by the Company or any other - content providers supplying content services to the Company. You are hereby prohibited - from making any attempt to override or circumvent any of the embedded usage rules in our - Services. Furthermore, unauthorized reproduction, publication, distribution, or - exhibition of any information or materials supplied by our Services, despite whether - done so in whole or in part, is expressly prohibited. -
- -Indemnity
- -- You hereby agree to indemnify and hold the Company, our subsidiaries, affiliates, - agents, employees, officers, partners and/or licensors harmless against any and all - claims or demands, including reasonable attorney’s fees, which may arise from or - relate to your use or misuse of Adastry or the Services, your breach of this Agreement, - or your conduct or actions or the conduct or actions of any other Adastry user. You - agree that the Company shall be able to select its own legal counsel and may participate - in its own defense, if the Company wishes. -
- -Commercial Reuse
- -- You hereby agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for - any commercial reason any part, use of, or access to Adastry’s sites or apps. -
- -Use and Storage
- -- You hereby acknowledge that the Company may set up any such practices and/or limits - regarding the use of our Services, including, without limitation, on the maximum number - of days that any email, message posting or any other uploaded content shall be retained - by the Company, and/or the maximum number of email messages that may be sent and/or - received by any member, the maximum volume or size of any email message that may be sent - from or may be received by an account on our Service, the maximum disk space allowable - that shall be allocated on Adastry's servers on the Member's behalf, and/or the - maximum number of times and/or duration that any Member may access our Services in a - given period of time. In addition, you also agree that the Company has absolutely no - responsibility or liability for the removal or failure to maintain storage of any - messages and/or other communications or content maintained or transmitted by our - Services. You also hereby acknowledge that we reserve the right to delete or remove any - account that is no longer active for an extended period of time. Furthermore, the - Company shall reserve the right to modify, alter and/or update these general practices - and limits at our sole and exclusive discretion. -
- -License
- -- We may provide you with certain information as a result of your use of Adastry or the - Services. Such information may include, but is not limited to, documentation, data, or - information developed by the Us, and other materials which may assist in your use of - Adastry or the Services (the “Materials"). Subject to this Agreement, we - grant you a personal, non-exclusive, limited, non-transferable and revocable worldwide - and royalty-free license to use the Materials solely in connection with your use of - Adastry and the Services (“License”). Through this License, you may - temporarily download one copy of the relevant, downloadable Materials (information or - software) on Adastry's website or apps for personal, non-commercial transitory - viewing only. -
-You may not:
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- Modify or copy the Materials; -
- - Use the Materials for any commercial purpose, or for any public display (commercial or - non-commercial); - -
- - Attempt to decompile or reverse engineer any software contained on Adastry's - website or apps - -
- Remove any copyright or other proprietary notations from the Materials; or -
- - Transfer the Materials to another person or "mirror" the Materials on any - other server. - -
- Scan or probe the underlying structure of Adastry; -
- - Violate the security of Adastry or Services through any unauthorized access, - circumvention of encryption, or any other security tools, data mining or interference - to any host, User or network; - -
- - Use bots, web crawlers, or any similar devices or online tools to access or index data - from Adastry; - -
- Attempt to disrupt the experience of other users on Adastry in any way; or -
- - Disseminate any virus or other bad code which could harm Adastry or the Services or - any device of any user. - -
- This License shall automatically terminate if you violate any of these restrictions and - may be terminated by the Company at any time. This License also terminates upon your - cessation of use of Adastry or the Services or otherwise at the termination of this - Agreement. -
-- Upon terminating your viewing of these materials or upon the termination of this - License, you must destroy any downloaded materials in your possession whether in - electronic or printed format. -
- -Disclaimer
- -- Through your use of Adastry, you acknowledge and agree that any information provided by - the Company should not be considered a substitute for legal advice, tax advice, audit - advice, accounting advice, or brokerage advice under the guidance of a licensed - professional. Further, the information provided herein should not be taken as financial - planning or investment solicitation. No fiduciary relationship has been created between - you and the Company. -
-- You hereby understand and acknowledge that through your use of Adastry, you are not - being represented by an attorney, certified financial planner, broker, or other - regulated advisor. Certain aspects of the Adastry Services may provide access to such a - professional or provide tax-related information, but if you are in need of legal or - financial advice, including a review of any financial or tax decisions, we advise you to - consult the appropriate advisor, such as your own attorney, accountant, or other - professional. -
-- You agree that your use of Adastry and Services is at your sole and exclusive risk and - that any Services provided by the Company are on an "As Is" basis. The Company - hereby expressly disclaims any and all express or implied warranties of any kind, - including, but not limited to the implied warranty of fitness for a particular purpose - and the implied warranty of merchantability. -
-- The maximum liability of the Company arising from or relating to your use of Adastry or - Services is limited to the amount you paid to the Company in the last three (3) months. - This applies to any and all claims by you, including, but not limited to, lost profits - or revenues, consequential or punitive damages, negligence, strict liability, fraud, or - torts of any kind. -
- -Limitations
- -- To the fullest extent permissible by law, the Company, including any employees, - affiliates, service providers, contractors or agents, shall not liable for any damages - that may occur to you as a result of your use of Adastry or Services, even if a Company - or a representative has been notified in any manner of the possibility of any such - damage. This section applies to any and all claims by you, including, but not limited - to, loss of data, loss of goodwill, lost profits or revenues, consequential, indirect, - special exemplary or punitive damages, negligence, strict liability, fraud, or torts of - any kind, whether such claims are direct or indirect and whether such claims are alleged - to be from your use of Adastry, your interaction with another User, or your interaction - with any third-party. -
-- The maximum liability of the Company arising from or relating to your use of Adastry or - Services is limited to the amount you paid to the Company in the last three (3) months. -
-- Some or all of the limitations provided in this subsection may not be applicable to you, - depending upon your jurisdiction. -
- -Accuracy of Materials
- -- The materials appearing on Adastry could include technical, typographical, or - photographic errors. The Company does not warrant that any of the materials on its - website or apps are accurate, complete or current. The Company may make changes to the - materials contained on its website or apps at any time without notice. However, the - Company does not make any commitment to update the materials. -
- -Links
- -- Either the Company or any third parties may provide links to other websites and/or - resources on Adastry or through any of the Services. Thus, you acknowledge and agree - that we are not responsible for the availability of any such external sites or - resources, and as such, we do not endorse nor are we responsible or liable for any - content, products, advertising or any other materials, on or available from such - external links, third party sites, or other resources. Furthermore, you acknowledge and - agree that the Company shall not be responsible or liable, directly or indirectly, for - any such damage or loss which may be a result of, caused or allegedly caused by or in - connection with the use of, or the reliance on, any such content, goods or Services made - available on or through any such external link, third party site, or other resource. -
- -Affiliate Marketing
- -- Adastry receives affiliation fees from third-party businesses through referral links on - the Adastry website or app. We recommend products and services based on the anticipated - needs of our users and will always make clear when we receive a commission, referral, or - other fee based on those recommendations. -
- -Modifications
- -- The Company may revise this Agreement at any time without notice. It is your - responsibility to periodically check this page for any such modification, revision or - amendment. Any changes made are assumed to have been accepted by your continued use of - Adastry. -
- -Downtime
- -- The Company may need to interrupt your access to Adastry to perform maintenance or - emergency services on a scheduled or unscheduled basis. you agree that your access to - Adastry or the Services may be affected by unanticipated or unscheduled downtime, for - any reason, but that the Company shall have no liability for any damage or loss caused - as a result of such downtime. -
- -Proprietary Rights
- -- You hereby acknowledge and agree that Adastry's Services and any essential software - that may be used in connection with our Services (“Software”) contains - proprietary and confidential material that is protected federal intellectual property - rights and other applicable laws. Such material may be copyrighted or patented. - Furthermore, you herein acknowledge and agree that any content which may be contained in - any advertisements or information presented by and through our Services or by - advertisers is protected by copyrights, trademarks, patents and/or other proprietary - rights and laws. Therefore, except for that which is expressly permitted by applicable - law or as authorized by the Company or such applicable licensor, you agree not to alter, - modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform - and/or create any plagiaristic works which are based on or derived from Adastry Services - (e.g. any content or Software), in whole or part. -
-- The Company has granted you personal, non-transferable and non-exclusive rights and/or a - license to make use of the object code or our Software on a single computer, as long as - you do not, and shall not, allow any third party to duplicate, alter, modify, create or - plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to - locate or discern any source code, sell, assign, sublicense, grant a security interest - in and/or otherwise transfer any such right in the Software. Furthermore, you agree not - to alter or change the Software in any manner, nature or form, and as such, not to use - any modified versions of the Software, including and without limitation, for the purpose - of obtaining unauthorized access to our Services. Lastly, you also agree not to access - or attempt to access our Services through any means other than through the interface - which is provided by the Company for use in accessing our Services. -
- -Termination
- -- As a Member of Adastry, you may cancel or terminate your account, associated email - address and/or access to our Services via the settings page at any time. -
-- As a member, you agree that the Company may, without any prior notice, immediately - suspend, terminate, discontinue and/or limit your account, any email associated with - your account, and access to any of our Services. The cause for such termination, - discontinuance, suspension and/or limitation of access shall include, but is not limited - to: -
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- - Any breach or violation of this Agreement or any other incorporated agreement, - regulation and/or guideline; - -
- By way of requests from law enforcement or any other governmental agencies; -
- - The discontinuance, alteration and/or material modification to our Services, or any - part thereof; - -
- Unexpected technical or security issues and/or problems; -
- Any extended periods of inactivity; -
- Any engagement by you in any fraudulent or illegal activities; and/or -
- - The nonpayment of any associated fees that may be owed by you in connection with your - Adastry account Services. - -
- Furthermore, you herein agree that any and all terminations, suspensions, - discontinuances, and or limitations of access for cause shall be made at our sole - discretion and that we shall not be liable to you or any other third party with regards - to the termination of your account, associated email address and/or access to any of our - Services. -
-- The termination of your account with the Company shall include any and/or all of the - following: -
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- - the removal of any access to all or part of the Services offered within Adastry; - -
- - the deletion of your password and any and all related information, files, and any such - content that may be associated with or inside your account, or any part thereof; and - -
- the barring of any further use of all or part of our Services. -
- If your account is terminated by Us, you will not be entitled to any refund of any - monies spent on Adastry. At the termination of this Agreement, any provisions that would - be expected to survive termination by their nature shall remain in full force and - effect. -
- -Warranty Disclaimers
- -YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
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- - THE USE OF Adastry SERVICES AND SOFTWARE ARE AT YOUR OWN RISK. OUR SERVICES AND - SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" - BASIS. Adastry AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS - AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED - OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT - -
- - Adastry AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE - NO SUCH WARRANTIES THAT (i) Adastry SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; - (ii) Adastry SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR - ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE Adastry - SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, - SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU - THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH - ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED - -
- - ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF Adastry - SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS - SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND - CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, - DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE - DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL - -
- - NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY - YOU FROM Adastry OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY - WARRANTY NOT EXPRESSLY STATED IN THE TOS. - -
- - A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN - EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER - SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN - CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY - PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE - AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE - FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE - TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. - -
Limitation of Liability
- -- YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Adastry AND OUR SUBSIDIARIES, - AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO - YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, - INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, - GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED - OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: -
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- THE USE OR INABILITY TO USE OUR SERVICE; -
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; -
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; -
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; -
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE -
Release
- -- In the event you have a dispute, you agree to release the Company (and its officers, - directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and - any other third parties) from claims, demands and damages (actual and consequential) of - every kind and nature, known and unknown, suspected or unsuspected, disclosed and - undisclosed, arising out of or in any way connected to such dispute. -
- -Trademark
- -- You herein acknowledge, understand and agree that all of the Adastry trademarks, - copyright, trade name, service marks, and other Adastry logos and any brand features, - and/or product and service names are trademarks and as such, are and shall remain the - property of the Company. You herein agree not to display and/or use in any manner the - Adastry logo or marks without obtaining the Company's prior written consent. -
- -Entire Agreement
- -- This Agreement constitutes the entire understanding between the Parties with respect to - any and all use of Adastry or any of the Services thereon. This Agreement supersedes and - replaces all prior or contemporaneous agreements or understandings, written or oral, - regarding the use of Adastry. You may also be subject to additional terms and conditions - when you use or purchase certain other Adastry Services, affiliate Services, third-party - content or third-party software. -
- -Governing Law
- -- Through your use of Adastry or the Services, you agree that the laws of the province of - Québec, Canada, shall govern any matter or dispute relating to or arising out of - this Agreement, as well as any dispute of any kind that may arise between you and the - Company, with the exception of its conflict of law provisions. In case any litigation - specifically permitted under this Agreement is initiated, the Parties agree to submit to - the personal jurisdiction of the province and federal courts of Québec, QC, CA. - The Parties agree that this choice of law, venue, and jurisdiction provision is not - permissive, but rather mandatory in nature. You hereby waive the right to any objection - of venue, including assertion of the doctrine of forum non conveniens or similar - doctrine. -
- -Waiver and Severability of Terms
- -- In the event that we fail to enforce any provision of this Agreement, this shall not - constitute a waiver of any future enforcement of that provision or of any other - provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver - of any other part or sub-part. If any part or sub-part of this Agreement is held invalid - or unenforceable by a court of law or competent arbitrator, the remaining parts and - sub-parts will be enforced to the maximum extent possible. In such conditions, the - remainder of this Agreement shall continue in full force. -
- -Claim Limitation
- -- You acknowledge, understand and agree that regardless of any statute or law to the - contrary, any claim or action arising out of or related to the use of ourServices or - this Agreement must be filed within one year after said claim or cause of action arose - or shall be forever barred. -
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