Terms of Use

deWeb.io

Acceptance of Terms

 

The Terms of Use (“Terms”) you are reading are a legally binding agreement between deWeb Ltd. an Israeli private company (“deWeb”, “we”, “us” and “our”) and yourself (“User” or “you” respectively, and collectively with others using this website - “Users”). By accessing or using deWeb.io website located at https://www.deweb.io/, any linked or directed subdomain (the “Site”) and any services made available through the Site (collectively, the “Services”), which is owned and controlled by deWeb, you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. 

 

Please read these Terms carefully. These Terms govern your access to and use of the Site. By using the Services or visiting the Site, you signify your consent to both these Terms and our Privacy Policy, a current version of which is available at [Link], which is incorporated herein by reference and which may be modified from time to time at our sole discretion and without prior notice. deWeb reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. These changes will apply at that instant to all then current and subsequent uses of the Site. Users are responsible for viewing these Terms periodically. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms, your sole remedy shall be to discontinue your use of the Services. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site. Your continued use of the Site will be deemed acceptance to amended or updated Terms.

 

If you violate the Terms, deWeb reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Accounts you have created for using the Services. You agree that deWeb does not need to provide you with a notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

 

WE MAY, IN OUR SOLE DISCRETION, REFUSE TO OFFER OUR SERVICES TO ANY PERSON OR ENTITY. WE MAY, WITHOUT NOTICE AND IN OUR SOLE DISCRETION, TERMINATE YOUR RIGHT TO USE THE SERVICES OR ANY PORTION THEREOF, AND BLOCK OR PREVENT YOUR FUTURE ACCESS TO AND USE OF THE SERVICES OR ANY PORTION THEREOF.

 

WE MAY, AT ANY TIME AND FOR ANY REASON, DISCONTINUE THE SERVICES IN ITS ENTIRETY, OR ANY PART HEREOF, WITHOUT PRIOR NOTICE AND/OR LIABILITY OF ANY KIND.

 

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE OR SERVICES.

 

1. Eligibility; Access

 

NO-ONE UNDER THE AGE OF 18 OR OF LEGAL AGE TO FORM A BINDING CONTRACT FOR ENGAGING IN THE ACTIVITIES OFFERED IN CONNECTION WITH THE SERVICES UNDER THE LAWS OF ANY JURISDICTION, WHICHEVER IS HIGHER (“LEGALLY OF AGE”) MAY USE THE SERVICES UNLESS UNDER THE STRICT AND CONTINUOUS SUPERVISION OF A PARENT OR ANY OTHER QUALIFIED LEGAL GUARDIAN. ANY PERSON NOT LEGALLY OF AGE WHO OTHERWISE USES THE SERVICES WILL BE IN BREACH OF THESE TERMS OF SERVICE. BY ACCEPTANCE OF THESE TERMS OR BY USING THE SERVICES YOU DECLARE THAT YOU ARE LEGALLY OF AGE, OR UNDER THE STRICT AND CONTINUOUS SUPERVISION OF A PARENT OR ANY OTHER QUALIFIED LEGAL GUARDIAN. IN ANY ACT OF PAYMENT AT THE WEBSITE, YOU MUST HAVE PERMISSION OF A PARENT OR ANY OTHER QUALIFIED LEGAL GUARDIAN.

 

By accessing or using the Site and Services, you represent and warrant that you will not use the Site and Services nor accept these Terms if the laws applicable to you in your country of residency and/or citizenship prohibit you from doing so in accordance with these Terms. If the Services or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Services, and must refrain from using the Services. You are solely responsible for compliance with all local laws and regulations of the country in which you are resident or from which you use the Services, and you may not access or use the Site and may not accept these Terms if you are a person barred from using the Site under those laws or regulations.

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Services. deWeb does not provide you with the equipment to access or use our Services. You are responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by internet service providers or air time charges).  deWeb cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. deWeb or any deWeb Parties (as defined below) take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control of, and any other responsibility which is not expressly mentioned in these Terms.

 

2. Services

 

deWeb is engaged in the research, development and marketing of a software and technological framework enabling developers and other users to create decentralized, blockchain-based online services, with an embedded royalty sharing mechanism (“deWeb Framework”).  The deWeb Framework will enable independent parties (whether affiliated or not) such as developers, operators and distributors (or other marketing functions) (“Framework Participates”) to collaborate and combine their specific products and services and share derived income and payments (from the applicable products and services users) with one another via the deWeb Framework’s automated smart contracts.  The Site allows Users to gain access to certain deWeb Framework software, related information and data and other content, all subject to the terms and conditions set forth herein (“Services”).

 

The content suggested through the Services may be incomplete, inaccurate or outdated. deWeb does not assume any responsibility to any content suggested through the Services, its integrity, accuracy or reliability.

 

PLEASE NOTE THAT THE SERVICES ARE STRICTLY LIMITED TO PUBLISHING THE DEWEB FRAMEWORK CONTENT AND MAKING IT AVAILABLE FOR USE BY FRAMEWORK PARTICIPANTS. DEWEB IS NOT RESPONSIBLE FOR THE USE OF THE DEWEB FRAMEWORK BY ANY THIRD PARTY FRAMEWORK PARTICIPANTS. FURTHERMORE, DEWEB DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION AND SHALL NOT BE LIABLE REGARDING ANY THIRD PARTY FRAMEWORK PARTICIPANTS OR THE SERVICES OFFERED OR MADE AVAILABLE BY  THEM.   

3. License

 

Subject to your agreement and compliance with these Terms, deWeb grants you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited scope license to use the Services, provided however that any use of deWeb Framework software or code shall remain subject to the applicable license under which such software or code has been made available. You hereby acknowledge that your license to use the Services is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Services shall immediately terminate, and you shall immediately refrain from using the Services. If the Services or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Services, and must refrain from using the Services.

 

Subject to the foregoing, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our Services for any commercial or competitive activity or purpose.

4. Rules of Use

 

You represent and warrant that you have full right and authority to use the Services and the Service Materials and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Services and the Service Materials. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

 

When using the Site, the Services and/or the Service Materials you may not, nor may you assist other parties to pursuit or engage in unlawful or abusive uses, or any types of activities which contradict the purpose of the Site or Services, hinder the Site’s operation or Services to other users, or which may be deemed to do so (“Restricted Uses”). For clarity and reference, Restricted Uses include these types of activities as detailed herein, as we may amend from time to time in our sole discretion (thus, not to be regarded as an exhaustive list): 

 

  1. Unlawful Activities, such as activities which: 

  1. violate any applicable law, rule or regulation; and/or

  2. publish, distribute or disseminate any unlawful material or information. 

 

  1. Undermining or Abusive Activities, such as activities which: 

  1. take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; 

  2. institute, assist or become involved in any type of attack (deliberate or other), including distribution of a virus, attacks upon the Services, or the deWeb Framework, that prevent access to or use of any of the above, other attempts to disrupt any of the above, gain unauthorized access to any of the above, or disrupt any other person’s use or enjoyment of any of the above;  

  3. enter or make an attempt to enter the Site and Services (including by accessing linked platforms, networks or systems) unauthorized, including by password mining and/or by using other users information;  

  4. design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Site, Services or the deWeb Framework;  

  5. attempt to disable or circumvent any security or access control mechanism of the Site, Services or the deWeb Framework;

  6. use any unauthorized third-party software that accesses, intercepts, 'mines', or otherwise collects information from or through the Services or the Site, or that is in transit from or to the Site;

  7. bypass any robot exclusion headers or other measures to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data; 

  8. solicit another person’s password or other personal information under false pretenses; and/or

  9. copy, modify, or create derivative works of the Services or the Site.

 

  1. Activities Abusive to Other Users or Their Rights, such as activities which:

  1. Interfere with other Users ability to exploit or access the Site or any of the Services; 

  2. attempt to, or harass, abuse, or harm of another person or entity, including deWeb employees and service providers; 

  3. collect, harvest or post anyone’s private information, in any media format;

  4. impersonate another user or otherwise misrepresent yourself; 

  5. violate the legal rights of others, including defaming, abuse, stalking or threatening users; and/or

  6. defraud any other Users or any other person, including deWeb employees and service providers, including by providing false, inaccurate, misleading, or partial information. 

  

  1. Activities Infringing Intellectual Property, such as activities which:      

  1. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method unless you have received deWeb’s prior written approval; and/or

  2. infringe the intellectual property rights, privacy rights, or moral rights of any third party or deWeb.

 

  1. Unfair or Abusive Transacting, such as activities which:

  1. Use the Service Materials or the deWeb Framework to create or enter a fictitious transaction or a transaction with fictitious elements of any kind;

  2. exploit, disrupt or manipulate, or attempt to exploit, disrupt or manipulate the Service Materials or the deWeb Framework in a manner designed to create transaction conditions which are not available to other Users;     

 

Violation of any of these Restricted Uses may be cause for the taking of legal actions on the part of deWeb according to the law, in addition to any right and remedies set forth hereunder or under any applicable laws.

 

Without derogating from the above, by accepting these Terms, you acknowledge that deWeb and/or any deWeb Party makes no representation or warranty regarding its ability, nor assumes any liability, to detect, limit or prevent any Restricted Use. 

     

5. Communication Channels 

 

The Services may provide communication channels such as commenting options, communities, interaction and providing of various means of feedback on published written, or visual or other communicable media, or otherwise on chat areas or other online communication, including links to external channels operated by other Users and Framework Participants (“Communication Channels”) designed to enable you to communicate with other Services Users and Framework Participants. deWeb is under no obligation to monitor these Communication Channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. deWeb may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by deWeb, and these communications should not be considered reviewed or approved by deWeb. You are solely responsible for your activities within the Communication Channels and under no circumstances will deWeb be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. deWeb is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. Notwithstanding, to the extent the above provisions are or shall be subject to any regulation, the aforementioned shall apply in accordance with such applicable laws or regulation to the maximal extent possible, in a manner which would limit deWeb’s liability and allow indemnification, as possible under such laws or regulations. 

 

6. Intellectual Property Ownership

 

deWeb and/or its affiliates retains all rights in the Services materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) used as part of operating the Service (collectively, “Service Materials”). The entire contents of the Services Materials are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms or otherwise exploit any of the Service Materials without deWeb's explicit, prior written consent. The foregoing remains subject to the applicable license under which deWeb Framework software or code (or any other applicable content included in the Services Material) has been made available. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written consent from deWeb. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties. Without derogating from the generality of the foregoing, the use of automated systems or software to extract data from the Site (scrapping), is strictly prohibited.

 

deWeb and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Service Materials, or rights to any derivative works thereof. 

 

You are not required to provide deWeb with any feedback or suggestions regarding the Services or any Service Materials. However, should you provide deWeb with comments or suggestions for the modification, correction, improvement or enhancement of the Services and/or any Service Materials, then, subject to the terms and conditions of these Terms, you hereby grant deWeb a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner deWeb chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of deWeb' and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media deWeb chooses, but without reference to the source of such comments or suggestions. 

7. Disclaimer of Warranty; Limitation of Liability; Indemnification

 

The Services and Service Materials are provided to you ‘as is’ and without warranties or representations of any kind either expressed or implied. You agree that your use of the Services, including any use or operation of the deWeb Framework, shall be at your sole risk. To the fullest extent permitted by law, deWeb, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services, including any use or operation of the deWeb Framework, and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. deWeb makes no warranties or representations about the accuracy or completeness of the content of the Services, including without limitation, the Service Materials, any content of any sites linked to the Services, of the Third Party Materials and assumes no liability or responsibility for any:

 

  1. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content including the Service Materials.

  2. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services, the Service Materials, or the deWeb Framework;

  3. Any unauthorized access to or use of deWeb' secure servers and/or any and all personal information and/or financial information stored therein;

  4. Any interruption or cessation of transmission to or from the Services;

  5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services, the Service Materials or he deWeb Framework; or

  6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. 

 

Without derogating from the abovementioned, in no event will deWeb, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services,  including any use or operation of the deWeb Framework, whether based on warranty, contract, tort, or any other legal theory, and whether or not deWeb has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that deWeb shall not be liable for any use of the Service Materials and/or the deWeb Framework made by any User and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. 

 

You agree to indemnify and hold deWeb, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following: 

  1. Your use of and access to the Services, Services Materials and the deWeb Framework;

  2. Your violation of any term of these Terms;

  3. Your violation of any third party right, including without limitation any copyright, property, or privacy right;

  4. Any claim that any User submission made by you has caused damage to a third party; or

  5. Any User Content you post or share on or through the Services, or relating to the Services. 

8. Third Party Material

 

You may be able to access, review, display or use third party services, resources, content, information or links to other World Wide Web sites or resources (“Third Party Materials”) via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and deWeb disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that deWeb: (a) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Site and Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by deWeb of Third Party Materials or any such third party services. 

 

These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials. Without derogating from any of deWeb' rights and remedies under these Terms and/or under law, deWeb will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials. You may not use any Third Party Materials for which you have not obtained appropriate approval to use. deWeb cannot grant permission to use third party content. You acknowledge and agree that deWeb will not be responsible or liable, directly or indirectly, including regard to the content published via the Service, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

9. Computer Viruses

 

You acknowledge and agree that neither deWeb nor any deWeb Party bears any liability, for any interruptions or damage caused by any computer viruses, worms, spyware, scareware, Trojan horses, defects, corrupted files, hoaxes, or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. We advise the regular use of a reputable and readily available virus screening and prevention software.

 

10. Notices

 

Notices to you may be made via the Services. deWeb may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. You agree that all agreements, notices, disclosures and any other communications that deWeb provide as aforementioned satisfy any legal requirement that such communications be in writing. 

 

11. General

 

By using or visiting the Services, you agree that only the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and deWeb. Any claim or dispute between you and deWeb that arises in whole or in part from your use of the Services shall be decided solely and exclusively by a court of competent jurisdiction located in Tel Aviv, Israel, to the express exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Tel Aviv, Israel. 

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