TERMS AND CONDITIONS
The last update: December 12, 2017.
This document acts as the agreed Terms of Service ("Terms", "Terms of Service") between you ("User" or "you") and PM7 Technologies OU (PM7). You accept these Terms if you use PM7 services or any other functions, technologies or functional capabilities offered by the PM7 through the platform ("Platform") located on the PM7 website at https://pm7.com ("Site"), or through any other means (collectively, "Services"), in connection with implementation of rights granted to you during purchasing PM7 events as the holder of the PM7 tokens ("PM7 tokens"). Terms "we” or "our" shall refer to the PM7. You receive the access to our Services and can use if you accept and comply with these Terms. These Terms shall be applied to all visitors, users and other persons who use our Service and/or the Site and/or the Platform. These Terms may be reviewed from time to time at our discretion. We will inform about any amendments to these Terms by posting the revised Terms on the site and updating the "Last Update" field or in any other way that we deem appropriate. We are not required to provide notice by any other means except specified above, and you are solely responsible for verifying these Terms each time then you use the Services. Any change to these Terms shall come into effect immediately after such notice and shall apply to any current or future use of the Site or Services. Information about PM7 token and sale of PM7 events is specified in the White Paper, located at https://pm7.com/assets/doc/WhitePaper-en.pdf. The user should carefully read the White Paper before using any Services and/or Platforms. By using our Services and/or the Site and/or the Platform, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you cannot access the Service and the Site.
By agree with this Terms of Service, you acknowledge and agree that you are at least eighteen (18) years old and you are entitled to use the Internet and services, such as those provided by PM7 (in accordance with the laws of any relevant jurisdiction of your place of residence). You do not have any restrictions to use the PM7 Services because of the withdrawal or suspension of such rights.
Illegal and prohibited use.
The User hereby represents and warrants that he will not use the Site, Platform or Services for any criminal, illegal or other prohibited use, including but not limited to activities related to money laundering, drug trafficking, human trafficking, arms trafficking, terrorism, fraud with securities or evasion of taxes. You represent and guarantee that you will not use our Services and/or Platform to help any other party in such illegal activities. You represent and guarantee that you will not use the Site, Platform or Services in any way to send spam, unwanted communication or letter chain, not trying to reprogram or otherwise inappropriately attempt to access to any of mains or technical mechanisms of the Site or the Platform; damage the site or platform or PM7 by any means, including but not limited to use of hacking, malware, viruses, illegal credentials, fishing attacks, SQL exploits, or any other method of intercepting, interrupting, or damaging of any information or functionality related to the site and platform. You also agree not to transfer your account to other persons (as defined below) or give them access to your account or other rights granted to you by these Terms.
For using our services you need a registered account on our Platform ("Account"). You represent and guarantee that all information that you provided for creating this account shall be current, complete and accurate. You agree to promptly notify the PM7 about any changes of any information that would lead to the fact that the information provided for creating your account stopped being accurate or complete. You also guarantee that you understand that no account will be fully created until you confirm your identity and email address by the way which we consider to be the appropriate. You agree to be the only user, who will use your account, so you can not transfer the right to use it or disclose any credentials to third parties without our written consent. You agree to take full responsibility for any actions that occur during the use of your account, and you cannot transfer this obligation to third parties. You agree to notify the PM7 if you discover or suspect availability of any security breaches or vulnerabilities related to our site, Services or Platform.
During the period of the ICO, you will receive as compensation PM7 tokens (for 1 purchased PM7 event you will receive 1 PM7 token), which will be issued. After they are issued, the PM7 will distribute them to the account. To use the rights granted to you as the holder of the PM7 tokens (monthly renewal your subscription to events), all your PM7 tokens shall remain in your account on the platform. Tokens PM7 will be available in your site account, until you transfer them out of the Platform. You are responsible for implementing reasonable measures to ensure security of your wallet, repository or other storage mechanism that you decide to use for receiving and storing PM7 tokens outside of your account, including any required private keys or other credentials required to access to such storage mechanisms. If your private key or other access credentials are lost, you may lose the access to received tokens. In doing so, the PM7 is not responsible for such losses.
PM7 events are subscriptions to a certain quantity of platform events (1 PM7 event = 1 event) to be used when the system is working for the fee calculation. PM7 events should be used during the 1st calendar month after the purchase. PM7 events shall not be returned and cannot be extended for the next period.
Damage caused by vulnerabilities related to the Internet or the blocking.
As is known, using the Internet cannot be safe for 100%. You agree that PM7 is not liable for any damages caused by interception, loss or alteration of any information sent by Internet.PM7 takes reasonable steps to ensure the security and confidentiality of any information transferred to you for using our Services and Platform.In no event any such information shall be considered as confidential and its disclosure to a third party, incidental or otherwise does not cause the PM7 liability, even if it is the results of our negligence. PM7 takes all reasonable precautions to prevent and mitigate such attacks. However, these problems can still arise from time to time for reasons beyond our control. If the PM7 system considers the PM7 token, Project token and/or Customers token, available on the platform as compromised or attacked, PM7 reserves the right to immediately stop all Services and/or the platform associated with such a token. If it is determined that such an attack caused the value loss of corresponding PM7 token, Project token and/or Customers token, or otherwise caused a threat of damage to the platform, site or other users, the PM7 may immediately terminate all activities with such token at its sole discretion.
The decision on deposits, withdrawals, account balances, services or other disputes related to token will be determined in each specific case. PM7 does not make any statements and does not give any guarantees regarding safety and security of the Platform and is not responsible for lost or stolen property, whether or not the PM7 was careless for ensuring the proper security.
The PM7 does not provide any legal, financial or investment advices.
In no event our provision of the Services shall be considered as legal, financial or investment consulting or any other type of specialized or expert advising the User may be negatively affected by. Using the platform, you represent and guarantee that you independently searched for any legal, financial, investment or other specialized consultations of outside experts, qualified lawyers, or you have sufficient knowledge and information to independently evaluate the risks and dignities associated with Blockchain and/or PM7 tokens, tokens project, as well as to manage and offer the Customers tokens and competently use of our Services. We do not give any guarantees regarding workability of any tokens, including PM7 tokens, Project tokens and Customers tokens or other assets acquired by using our Platform, and we shall not take any fiduciary duties. You represent and guarantee that you understand that any recommendations or comments made by PM7, platform staff or other users should be considered as generalized by the nature and you should use your own opinion or seek advice from an expert before taking any action, regardless of such recommendations and comments. We do not give any guarantees regarding the accuracy or completeness of any such comments and recommendations.
License for using platform, site and services.
We provide you with a limited, non-exclusive, non-transferable license ("License") for accessing and using our Platform, site and services. This License falls within the scope of these Terms. Any other use of Services not expressly permitted by these Terms is prohibited. All other rights for platform are reserved for PM7 and our licensors, including any rights to any content, liability and refund.
We can terminate or suspend the License for our Services without prior notice or liability by any reason, including, but not limited to your violation of these Terms. Nothing in these Terms or in any other message or action of PM7 or our employees, agents or representatives, can be construed as a waiver of any remedy available for any event resulting in termination. All the provisions of these Terms, which are permanent obligations, by their nature,remain valid after any termination and remain binding for the parties.
References to other websites.
Copyright on communications
In connection with our Services, you agree that any materials, information or messages transmitted between you and PM7 in any way, or between you and any other user of PM7 in our Platform, shall not be confidential and become the exclusive property of PM7.PM7 will own all intellectual property rights in such communications or materials and may use or distribute them completely unlimited for any legal, commercial or other purposes, without notice or compensation to you. You waive the right to legal proceedings or compensation for the alleged damage caused by using of this information the extent permitted by law.
Using of PM7 events and receiving of tokens can carry a financial risk.
You acknowledge and agree that in no event shall either party of PM7 be liable for any loss caused by any way because of your participation in Crowdfunding, PM7 donations, receipt and storage of tokens or using the website. Under these Terms the PM7 are exempted from liability for any and all such losses.
You agree to support and protect the PM7, its representatives, affiliates, employees and service providers from any claims or requirements permitted by law which arise as a result of using the Services or related to them, including any your breach of these Terms or violation of any laws, regulations or rights of third parties. You agree to pay any legal fees or other costs incurred by PM7 or any other compensating parties as a result of your actions.
PM7 does not guarantee any level of performance or continuous availability of our Services. We do not guarantee the accuracy of the information provided on our Site. We hereby disclaim all warranties and obligations not expressly specified in these Terms. Any information in applications, related applicants (or applications), Clients, their projects and tokens – is provided to third parties without any expressed or implied warranties or declarations of any kind, content, accuracy, reliability, completeness or legal validity of such information from the PM7 side. Youconfirm that PM7 proceeded to display the Requests on the basis of information provided by applicants and that PM7 is not liable for any loss or damage of any nature, whether by contract, civil injury or otherwise, which may result from screening. You guarantee and declare that PM7 is not responsible for quantity of Requests, Customer tokens and Project tokens submitted (posted) on the Site, as well as for their nature, content, accuracy, reliability, completeness and legal validity.
Applicable law and jurisdiction.
The operation, interpretation, construction and implementation of these Terms, as well as all actions and transactions under this Agreement, as well as the rights and obligations of the parties under this Agreement shall be regulated and interpreted in accordance with the laws of Great Britain and Estonia, without using the principles of jurisdiction conflict.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which PM7 and/or User seek to bring an individual action in small claims tribunals or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and PM7 (i) waive your and the PM7’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court of law, and (ii) waive your and the PM7’s respective rights to a jury trial. Instead, you and PM7 will arbitrate Disputes through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
This document is regulated by the laws of the Republic of Estonia. The courts of Estonia have exclusive jurisdiction over any disputes arising from this document.
Survival and Severability.
Any portion of these Terms which should reasonably survive the termination of your License or any other agreement is hereby agreed to do so. If any provision of these terms is deemed illegal, invalid or otherwise unenforceable for any reason, such provision shall be severed and the rest of these Terms shall remain intact and enforceable.
Our inability to implement or enforce any rights or provisions of these Terms is not a waiver of these rights or provisions. These Terms are the entire agreement between the User and PM7, including any future changes to these Terms which replace any previous agreements or communications between you and us. Any ambiguities in these Terms shall be read in the light of the most favorable to the PM7.
PM7 shall be relieved from fulfillment of these Terms if this refusal is caused by factors that are beyond the control of PM7. This includes, but is not limited to, force majeure, actions of any government, wars or civil disorder, hard weather conditions, fires, natural disasters, political embargoes, terrorism, failure of electricity or equipment, industrial or labor disputes, any proceedings, actions of any third party or chain failure.
If you have any questions concerning to these Terms of Service, please contact us [email protected]