jango.com may modify this Agreement from time to time and such modification shall be effective upon posting by jango.com on the jango.com Website. You agree to be bound to any changes to this Agreement when you use the jango.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on jango.com and that you provide to other Users. Your jango.com profile may not include the following items: any photographs containing nudity, or illegal, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other jango.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and jango.com assumes no responsibility or liability for this material. If you become aware of misuse of the jango.com Services by any person, please contact firstname.lastname@example.org.
jango.com reserves the right, in its sole discretion, to edit, reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the jango.com Services at any time, for any or no reason, with or without prior notice, and without liability. jango.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of jango.com Services if jango.com determines, in its sole discretion, that you pose a threat to jango.com and/or its Users.
Eligibility. Use of and Membership in the jango.com Services is void where prohibited. By using the jango.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the jango.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Term. This Agreement shall remain in full force and effect while you use the jango.com Services or are a Member. jango.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. Use of the jango.com services is currently free of charge but may not always remain that way. You acknowledge that jango.com reserves the right to charge for the jango.com Services and to change its fees from time to time in its discretion. If jango.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Email and Password. When you sign up to become a Member, you will also be asked to enter your email address and choose a password. You are entirely responsible for maintaining the confidentiality of your email and password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify jango.com immediately if you suspect any unauthorized use of your account or access to your email and/or password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members. The jango.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by jango.com. Illegal and/or unauthorized use of the jango.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the jango.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the jango.com Services.
Proprietary Rights in Content on jango.com. jango.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the jango.com Services. After posting your Content to the jango.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. The license you grant to jango.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to jango.com), fully-paid and royalty-free (meaning that jango.com is not required to pay you for the use on the jango.com Services of the Content that you post), sublicensable (so that jango.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the jango.com Services), and worldwide (because the Internet and the jango.com Services are global in reach). This license will terminate at the time you remove your Content from the jango.com Services. The license does not grant jango.com the right to sell your Content, nor does the license grant jango.com the right to distribute your Content outside of the jango.com Services.
You represent and warrant that: (i) you own the Content posted by you on or through the jango.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the jango.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the jango.com Services. The jango.com Services contain Content of jango.com ("jango.com Content"). jango.com Content is protected by copyright, trademark, patent, trade secret and other laws, and jango.com owns and retains all rights in the jango.com Content and the jango.com Services. jango.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the jango.com Content (excluding any software code) solely for your personal use in connection with viewing the jango.com Website and using the jango.com Services. The jango.com Services contain Content of Users and other jango.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the jango.com Services.
Content Posted. jango.com may delete any Content that in the sole judgment of jango.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. jango.com assumes no responsibility for monitoring the jango.com Services for inappropriate Content or conduct. If at any time jango.com chooses, in its sole discretion, to monitor the jango.com Services, jango.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.You are solely responsible for the Content that you post on or through any of the jango.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. jango.com does not endorse and has no control over the Content. Content is not necessarily reviewed by jango.com prior to posting and does not necessarily reflect the opinions or policies of jango.com. jango.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the jango.com Services. jango.com reserves the right to investigate and take appropriate legal action against anyone who, in jango.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the jango.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of jango.com:
The following is a partial list of the kind of activity that is illegal or prohibited on the jango.com Website and through your use of the jango.com Services. jango.com reserves the right to investigate and take appropriate legal action against anyone who, in jango.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of jango.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to jango.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the jango.com Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the jango.com Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Member Disputes. You are solely responsible for your interactions with other jango.com Members. jango.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers. jango.com is not responsible for any incorrect or inaccurate Content posted on the jango.com Website or in connection with the jango.com Services, whether caused by Users of the jango.com Services or by any of the equipment or programming associated with or utilized in the jango.com Services. Profiles created and posted by Members on the jango.com Website may contain links to other websites. jango.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by jango.com. Inclusion of any linked website on the jango.com Services does not imply approval or endorsement of the linked website by jango.com. When you access these third-party sites, you do so at your own risk. jango.com takes no responsibility for third party advertisements which are posted on this jango.com Website or through the jango.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. jango.com is not responsible for the conduct, whether online or offline, of any User of the jango.com Services. jango.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. jango.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the jango.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the jango.com Services. Under no circumstances shall jango.com be responsible for any loss or damage, including personal injury or death, resulting from use of the jango.com Services, attendance at a jango.com event, from any Content posted on or through the jango.com Services, or from the conduct of any Users of the jango.com Services, whether online or offline. The jango.com Services are provided "AS-IS" and as available and jango.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. jango.com cannot guarantee and does not promise any specific results from use of the jango.com Services.
Limitation on Liability. IN NO EVENT SHALL jango.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF jango.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, jango.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO jango.com FOR THE jango.com SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving the jango.com Services, you agree that the dispute shall be governed by the laws of the New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York.
Indemnity. You agree to indemnify and hold jango.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the jango.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the jango.com Website or through the jango.com Services causes jango.com to be liable to another.
Other. This Agreement is accepted upon your use of the jango.com Website or any of the jango.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and jango.com regarding the use of the jango.com Services. The failure of jango.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. jango.com is a trademark of jango.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The jango.com Website is a general audience site and does not knowingly collect PII from children under 13 years of age.
COLLECTION AND SUBMISSION OF PII AND NON-PII ON jango.com
General. When jango.com collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Member of jango.com. jango.com may also collect PII from you if you choose to participate in jango.com Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to jango.com for review.
In addition, jango.com collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the jango.com Services, track usage, and for security purposes.
jango.com Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, gender, zip code, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), pictures, private messages, bulletins or personal statements (collectively "Profile Information"). The Profile Information in a Member's profile is provided at his or her sole discretion.
jango.com Members can change their Registration PII and Profile Information at any time by controlling their account settings, available within the "Edit Profile" portion of their jango.com profile.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the jango.com Services.
NOTICE: jango.com WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES
jango.com uses Google Ads to display advertisements. To opt out of interest-based advertising, please click HERE, or click Here to opt out of the behavioral advertising delivered by all NAI member companies.
Some of the advertisements that appear on jango.com Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of jango.com Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address.
USE: jango.com'S USE OF PII
In order to locate other jango.com Members that you may already know in the physical world, jango.com allows Users to search for Members using Registration PII (i.e., full name or email address). jango.com also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., age, gender). jango.com may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via a profile setting under "Edit Profile." Search engines may index the portion of a Member's profile (including the Profile Information it contains) that is publicly displayed.
By using the jango.com Services, you consent to receive promotional materials (e.g., newsletters) or notifications from jango.com. If you want to stop receiving such materials from jango.com, follow the unsubscribe instructions at the bottom of each email.
Newsletters will be sent approximately once per week and
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Notifications generally and are sent whenever another jango.com user contacts you (for example by sending you a comment). You may opt out of notifications any time by using the unsubscribe instructions at the bottom of each notification or use the notification settings from your logged-in jango.com home page.
jango.com employees, agents and contractors must have a business reason to obtain access to your PII. jango.com may share your PII with those who help us manage or provide jango.com Services' information activities (for example, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.
These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide jango.com with a specific service and not for any other purpose. jango.com may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. jango.com also may share your PII with Affiliated Companies if it has a business reason to do so.
As described above, jango.com may customize the advertising and marketing messages you receive on the jango.com Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. jango.com prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with jango.com's advertisers and business partners.
There may be instances when jango.com may access or disclose PII, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of jango.com, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the jango.com Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if jango.com sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, jango.com may transfer your PII to the party or parties involved in the transaction as part of that transaction.
When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. jango.com is not responsible under the EU local data protection laws for Member-posted information.SECURITY: jango.com PROTECTS THE SECURITY OF PII
jango.com uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, jango.com uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
Notwithstanding any other provision, we may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to http://www.aboutads.info/choices.
Neu Services Ltd. Terms and Conditions
Last updated: February 23, 2016
These Terms and Conditions and any terms expressly incorporated herein (“Terms”) apply to the conditions under which you can receive free NeuCoin cryptographic tokens (“NeuCoin Rewards”) as a reward for listening to music on Jango (the “Service”), which will be provided to you by Neu Services Ltd. (“the Company,” “we,” or “us”), a Saint Lucia Corporation, which is a wholly-owned subsidiary of the NeuCoin Growth Foundation (the “Foundation”), a non-profit Isle of Man Foundation.
KEY POINTS ABOUT THESE TERMS
A. YOU MUST BE AN INDIVIDUAL TO APPLY TO RECEIVE NEUCOIN REWARDS FROM THE SERVICE AND YOU MAY ONLY APPLY TO RECEIVE USING ONE SINGLE EMAIL ADDRESS.
B. YOU ACKNOWLEDGE THAT IN ORDER TO RECEIVE THE NEUCOIN REWARDS, YOU MUST USE THE SAME EMAIL ADDRESS TO SIGN UP FOR AN ACCOUNT AT MYNEUCOIN.COM AND ACCEPT ITS TERMS OF SERVICE.
C. YOU ACCEPT THAT IN ORDER TO RECEIVE YOUR NEUCOIN REWARDS, YOU MAY BE REQUIRED TO VALIDATE, TO THE COMPANY’S SOLE SATISFACTION USING ANY AND ALL MEANS THAT THE COMPANY DEEMS APPROPRIATE, THAT YOU ARE A UNIQUE INDIVIDUAL. THE COMPANY RESERVES THE RIGHT TO VERIFY YOUR IDENTITY AS PART OF ITS PROCESS OF VALIDATING THAT YOU ARE A UNIQUE INDIVIDUAL. YOU ACCEPT THAT THE COMPANY MAY USE DIFFERENT MEANS TO VALIDATE THAT YOU ARE A UNIQUE INDIVIDUAL THAN IT HAS USED, USES OR WILL USE IN THE FUTURE TO VALIDATE THAT OTHER USERS ARE UNIQUE INDIVIDUALS. YOU ACCEPT THAT IF YOU ARE UNABLE TO COMPLETE THE COMPANY’S ACCOUNT VALIDATION PROCESS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO TECHNICAL ERROR, WRONGFUL BLACKLISTING BY THIRD PARTY, AUTOMATED ANTI-FRAUD SCREENING OR ALGORITHMIC SELECTION, HUMAN ERROR - ALL OF WHICH MAY BE AT NO FAULT OF YOUR OWN - THAT THE COMPANY WILL NOT REWARD YOU WITH FREE NEUCOINS. YOU UNDERSTAND THAT THE COMPANY ACCEPTS NO RESPONSIBILITY FOR ANY SUCH ERROR OR OVERSIGHT AND THAT YOU HAVE NO CLAIM AGAINST THE COMPANY IN THE CASE OF NEUCOINS NOT BEING REWARDED. YOU ALSO UNDERSTAND AND ACCEPT THAT AS A FREE SERVICE, THE COMPANY IS UNABLE TO PROVIDE ANY ASSISTANCE OR CUSTOMER SUPPORT FOR ANY REASON.
IMPORTANT POINTS ABOUT NEUCOIN TOKENS AND NEUCOIN
A. NEUCOIN TOKENS ARE NOT MONEY OR INVESTMENT SECURITIES. NEUCOINS ARE CRYPTOGRAPHIC TOKENS CREATED FOR USE AS CREDITS ON A DECENTRALIZED BLOCKCHAIN SOFTWARE APPLICATION AND THERE ARE NO GUARANTEES OF THEIR FUTURE USE OR VALUE.
B. NEUCOIN IS A DECENTRALIZED PEER-TO-PEER NETWORK USING BLOCKCHAIN TECHNOLOGY AND HENCE THERE IS NO NEUCOIN “COMPANY” OR ANY PERSON OR ENTITY THAT CONTROLS NEUCOIN. THE TEAM THAT STARTED THE DECENTRALIZED NEUCOIN PROJECT DONATED THE OPEN SOURCE NEUCOIN SOURCE CODE (AVAILABLE AT https://github.com/NeuCoin/neucoin) ALONG WITH MOST OF THE NEUCOIN TOKENS CREATED IN NEUCOIN’S GENESIS BLOCK TO THE NEUCOIN CODE FOUNDATION, THE NEUCOIN UTILITY FOUNDATION, AND THE NEUCOIN GROWTH FOUNDATION, ALL OF WHICH ARE NON-PROFIT FOUNDATIONS BASED IN THE ISLE OF MAN. THE THREE NEUCOIN FOUNDATIONS’ MAIN OBJECTIVES ARE TO MAKE NEUCOIN SECURE AND DECENTRALIZED IN THE LONG-TERM; TO MAKE NEUCOIN AS USEFUL AS POSSIBLE, WITH AN EMPHASIS ON ENABLING AND PROMOTING EFFICIENT SMALL ONLINE TRANSACTIONS WITH NOTIONAL VALUES OF $.001 TO $1 ("MICROTRANSACTIONS"); AND TO ACHIEVE WIDE DISTRIBUTION OF THE NEUCOIN TOKENS, PRIMARILY BY GIVING LIMITED NUMBERS OF NEUCOIN TOKENS FOR FREE TO CONSUMERS SO THAT THEY CAN TRY USING THEM FOR MICROTRANSACTIONS. NEITHER THE COMPANY NOR THE NEUCOIN FOUNDATIONS (EITHER INDIVIDUALLY OR COLLECTIVELY) “CONTROL” OR “OPERATE” NEUCOIN. RATHER, IT IS THE DECENTRALIZED NETWORK OF INDIVIDUALS (CALLED “MINERS”) WHO VOLUNTARILY DOWNLOAD AND RUN NEUCOIN’S OPEN SOURCE SOFTWARE THAT ENABLE THE NEUCOIN NETWORK TO FUNCTION. NEITHER THE COMPANY NOR THE NEUCOIN FOUNDATIONS (EITHER INDIVIDUALLY OR COLLECTIVELY) HAVE ANY CONTROL OVER NEUCOIN’S MINERS.
You represent and warrant that you: (a) are an individual (not an entity) of legal age to form a binding contract; and (b) have not previously submitted a different email address to the Service.
2. ACCOUNT REGISTRATION AT MYNEUCOIN
3. UNIQUE USER VALIDATION
In order to receive free NeuCoin Rewards provided by the Company on behalf of the NeuCoin Growth Foundation, you may be required to confirm that your MyNC Account is associated with a unique user. The Company and MyNeuCoin reserve the right to use any methods that they choose to confirm that you are a unique individual, including, but not limited to, verification through Facebook, email, SMS, and any other means. If you choose to not or are unable to comply for any reason with these methods to verify that you are a unique user to the satisfaction of the Company or MyNeuCoin, then you will not receive any NeuCoin Rewards. You accept that it is possible that you are unable to validate your MyNeuCoin account through no fault of your own, such as technical difficulties, automated anti-fraud screening or problems experienced by third parties that perform account validation functions for the Company (such as SMS verification providers). In such cases you accept that the Company will still not provide you with free NeuCoin Rewards.
4. DELIVERY OF NEUCOIN REWARDS
Your NeuCoin Rewards will be delivered within 30 days from the time that you sign up to MyNeuCoin and (if required) validate that you are a unique user, as described in Section 3 above. The NeuCoin Rewards will be credited to your MyNeuCoin wallet.
It is your responsibility to determine what, if any, taxes apply to the NeuCoin Rewards that you receive from the Company. You agree that the Company is not responsible for determining whether taxes apply to your receipt of NeuCoin Rewards or for collecting, reporting, withholding or remitting any taxes arising from any NeuCoin transactions.
7. LIMITATION OF LIABILITY
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS, COMPANY’S OWNERS, THE NEUCOIN FOUNDATIONS, NEUCOIN’S CREATORS OR NEUCOIN’S FOUNDING TEAM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICE OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, COMPANY OR TO THESE TERMS EXCEED ONE DOLLAR ($1).
8. APPLICABLE LAW
These Terms are governed by the laws of Saint Lucia. Any dispute between the parties will be governed by these Terms and the laws of Saint Lucia, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
You agree to notify the Company in writing of any dispute within thirty (30) days of when it arises. You and the Company further agree: (a) to attempt informal resolution prior to commencing litigation; (b) that the Eastern Caribbean Supreme Court, St. Lucia, has exclusive jurisdiction over any claim between the Company and a prospective party; (c) that the prevailing party in any action or proceeding to enforce this agreement shall be entitled to all costs and legal fees from the losing party.
9.1. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for any other product or service provided by the Company. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
9.2. Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms on the Service and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the Service unless we state otherwise via our notice of such amended Terms.
9.3. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
9.4. Severability. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
9.5. Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
9.6. Survival. 7 (Limitation of Liability), 8 (Applicable Law; Arbitration) and this Section 9 (Miscellaneous) will survive any termination or expiration of these Terms.
Last updated February 23, 2016
COLLECTION OF INFORMATION:
Information You Provide to Us
We collect information you provide directly to us. The types of information we may collect include your email address and NeuCoin wallet address.
Information We Collect Automatically When You Use the Service
When you access or use the Service, we automatically collect information about you, including:
USE OF INFORMATION
We may use information about you for various purposes, including to:
● Provide, maintain and improve the Service;
● Send you technical notices, updates, security alerts, authentication codes and support and administrative messages;
● Respond to your comments, questions and requests and provide customer service;
● Communicate with you about free NeuCoin offers, promotions, and rewards. We will provide an unsubscribe option within these notifications.
● Monitor and analyze trends, usage and activities in connection with the Service in an aggregate and anonymous manner;
● Carry out any other purpose for which you provided the information.
SHARING OF INFORMATION
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.