Terms & Conditions
Terms & Conditions
Table of Contents:
Acceptance of Terms
Alpha Disclaimer
Modification of Terms of Use
Eligibility
Representations, Warranties, and Risks
Indemnity
Limitation on liability
Our Proprietary Rights
Links
Termination and Suspension
No Third-Party Beneficiaries
Notice and Procedure For Making Claims of Copyright Infringement
Arbitration and Class Action Waiver
General Information
Prohibited Use
Verification Checks
Compliance With Laws
Intellectual Property Rights
The Dark Fusion Protocol ("DF", “we,” “us,” or “our”) is not offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in the United States of America (collectively, "US Persons"). Moreover, none of our other Services are offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any restricted territory, as defined below (any such person or entity from a restricted territory, a "Restricted Person"). We do not make exceptions; therefore, if you are a US Person, then do not attempt to use our Contracts, Protocol or Application and if you are a Restricted Person, then do not attempt to use any of the Services, as defined below. Use of a Virtual Private Network ("VPN") to circumvent the restrictions set forth herein is prohibited.
As a condition to accessing or using the Services or the Site, you represent and warrant to Dark Fusion the following: If you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them; If you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity; If you are entering into these Terms to access Dark Fusion or will in the future access Dark Fusion Website, Applications and/or Software, then you are not a US Person; You are not a resident, national, or agent of Antigua and Barbuda, Afghanistan, Algeria, Bangladesh, Bolivia, Belarus, Burundi, Burma (Myanmar), Cote D'Ivoire (Ivory Coast), Crimea and Sevastopol, China, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Liberia, Libya, Macedonia, Mali, Morocco, Nepal, North Korea, Pakistan, Somalia, Sudan, Syria, Venezuela, Vietnam, Yemen, Zimbabwe or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, "Restricted Territories"); You are not a member of any sanctions list or equivalent maintained by the United States Government, the United Kingdom Government, the European Union, or the United Nations (collectively, "Sanctions Lists Persons"); You do intend to transact with any Restricted Person or Sanctions List Person; You do not, and will not, use VPN software or any other privacy or anonymisation tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; and Your access to the Services is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Dark Fusion, you, the Site or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, ''Applicable Laws"); or (b) contribute to or facilitate any illegal activity. Please note that none of the content of Dark Fusion's website, blogs, social media posts, or any digital or written content constitutes investment advice. Please do your own research.
1. Acceptance of Terms
The Dark Fusion System and Software is an autonomous system of smart contracts on the public Blockchain (the "Open Source Software"), that permits, among other things, the generation of tokens, DFG, and its associated tokens, are cryptocurrencies that are available at Dark Fusion and via other tools — which includes text, images, audio, code, and other materials (collectively, the "Content") and all of the features, and services provided. The Site, and any other features, tools, materials, the Open Source Software, or other services offered from time to time are referred to here as the "Service." Note however, that the Open Source Software is an experimental prototype and launched in the “alpha” state and its use involves a high degree of risk. There are numerous ways the Open Source Software and Service could fail in an unexpected way, resulting in the total and absolute loss of all of your funds. Please read these Terms of Use (the "Terms" or "Terms of Use" or “Terms of Service”) carefully before using the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and (2) any additional terms, rules and conditions of participation issued from time to time. If you do not agree to the Terms, then you may not access or use the Content or Service.
2. Alpha Disclaimer
Any software provided by Dark Fusion that is identified as being in alpha stage (“Alpha Software”) is considered experimental. The Client understands that the Alpha Software is still in the early stages of development and may contain bugs, errors, or other issues that could cause harm to the Client's systems, data, or business operations. The Client assumes all risks associated with the use of the Alpha Software, and Dark Fusion shall not be liable for any damages or losses incurred as a result of the use of such software, including any changes made to the code in subsequent stages of development.
3. Modification of Terms of Use
These Terms may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of these Terms will be posted on this Site. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Service by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not agree to the Terms in effect when you access or use the Service, you must stop using the Service.
4. Eligibility
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. The Dark Fusion System and Software is global and decentralised (no one controls the protocol) and by accessing the Content or Service, you are representing and warranting that, you are of the legal age of majority in your jurisdiction as is required to access such Service and Content and enter into arrangements as provided by the Service. You further represent that you are otherwise legally permitted to use the service in your jurisdiction including owning cryptographic tokens of value, and interacting with the Service or Content in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Dark Fusion or any of the Dark Fusion subdomains and Community members/users (as defined below) is not liable for your compliance with such laws. Finally, you represent and warrant that you will not use the Service for any illegal activity.
5. Representations, Warranties, and Risks
5.1. No Representation or Warranty.
You expressly understand and agree that your use of the Service is at your sole risk.
5.1.1 All persons, entities, agents, and Community members/ users involved with the creation of the Dark Fusion System and Software ("Dark Fusion Community Members/Users") make and expressly disclaim all representations and warranties, express, implied or statutory; and
5.1.2 With respect to the Dark Fusion System and Software and Dark Fusion Tokens, Dark Fusion Community Members/ Users and all related entities and agents specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. The Dark Fusion Community Members/ Users or any related entities or agents do not represent or warrant that the service and any related information are accurate, complete, reliable, current or error-free.
5.2. You expressly understand and agree that your use of the Service is at your sole risk.
To the fullest extent permitted by law and notwithstanding any other provision of this agreement or any other agreement contemplated herein or applicable provisions of law or equity or otherwise, the parties hereto hereby agree to eliminate any and all fiduciary duties the Dark Fusion Community Members/ Users or any related entities and agents may have to the user, its affiliates, or the end users of the Service, the Site or its Content, provided that such exclusion or limitation of liability shall not extend to misappropriation of assets or funds of the users, its affiliates, or the end users of the Services, Site or Content provided by the Dark Fusion Community Members/ Users or any related entities and agents or other acts or omissions that constitute a bad faith violation of the implied contractual covenant of good faith and fair dealing.
5.3. Sophistication and Risk of Cryptographic Systems
By utilising the Service or interacting with the Content in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, like Ether (ETH), Polygon (Matic), BNB (Binance Coin), Fantom (FTM), Bitcoin (BTC), among others, smart contract based tokens such as those that follow the Ethereum Token Standard, and blockchain-based public software systems. None of the Dark Fusion Community members/users own or control any of the underlying software through which blockchain networks are formed. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it without express permission. By using the Service, you acknowledge and agree that,
(i) Dark Fusion Community members/users or related entities are not responsible for operation of the underlying software and networks that there exists no guarantee of functionality, security, or availability of such software and networks; and
(ii) that the underlying protocols are subject to sudden changes in operating rules (known as "Forks"), and that such Forks may materially affect the Dark Fusion System and Software. It might be discretionarily decided not to support (or cease supporting) the Forked network entirely.
You acknowledge and agree that Dark Fusion Community members/users assume absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.
5.4. Risk of Regulatory Actions in One or More Jurisdictions
The Dark Fusion System and Software, Dark Fusion Enterprise and Dark Fusion’s blockchain could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Dark Fusion Community members/users to continue to develop, or which could impede or limit your ability to access or use the Service or Dark Fusion’s blockchain, including access to your funds.
5.5. Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and Service or Content, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, it is intended to update the protocol underlying the Service to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Service or accessing Content, you acknowledge these inherent risks.
5.6. Volatility of Cryptocurrency
You understand that Dark Fusion and other blockchain technologies and associated cryptocurrencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Dark Fusion blockchain. You acknowledge these risks and represent that Dark Fusion Community members/users or any related entity or person cannot be held liable for such fluctuations or increased costs.
5.7. Application Security
You acknowledge that the Dark Fusion System and Software is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Content. This warning and others later provided by Dark Fusion Community members/users in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilising the Service or Content.
5.8. Website Accuracy
Although it is intended to provide accurate and timely information on the Site and other tools making up the Dark Fusion System and Software, the Site (including, without limitation, the Content) or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or relevant tools are your sole responsibility and Dark Fusion Community members/users shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by any entity. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Site or available via other relevant tools.
5.9. Technical Knowledge
Any use or interaction with the Dark Fusion System and Software requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills.
5.10. Token Risks and Valuation
Dark Fusion reserves the right to the re-issuance of its Dark Fusion Token as and when Dark Fusion deems fit and appropriate. Dark Fusion Tokens represent, by its nature, a high degree of risk and carry the possibility manipulation and could potentially be compromised in multiple different formats, while we do our absolute best to mitigate against this risk, the customer identifies and accepts the high risk concern that the Dark Fusion token/s possess. Dark Fusion reserves the full right to re-issue the Dark Fusion token/s in the event of a material breach. Dark Fusion does not by any means, form or capacity, facilitate any manner of a secondary token market and does not provide any ability on its platform or services to the use and capability of a secondary market. Dark Fusion does not recognise any secondary market and does not recognise the right or valuation of any of its Dark Fusion Token/s represented or facilitated on any secondary token market. Dark Fusion indemnifies itself from any association to or of any secondary token markets.
6. Indemnity
You agree to release and to indemnify, defend and hold harmless Dark Fusion Community members/users and any related entities, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees, fees or penalties imposed by any regulatory authority and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your violation of any law, rule, or regulation, or the rights of any third party, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Each of the Dark Fusion Community members/users reserve the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Dark Fusion Community members/users in the defense of such matter.
7. Limitation Of Liability
You acknowledge and agree that you assume full responsibility for your use of the Site and Service. You acknowledge and agree that any information you send or receive during your use of the Site and Service may not be secure and may be intercepted or later acquired by unauthorised parties. You acknowledge and agree that your use of the Site and Service is at your own risk. Recognising such, you understand and agree that, to the fullest extent permitted by applicable law, neither Dark Fusion Community members/ users nor any related entities, Suppliers or Licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss or any other damages based on contract, tort, strict liability or any other theory (even if any of the Dark Fusion Community members/ users or related entities had been advised of the possibility of such damages), resulting from the Site or Service; the use or the inability to use the Site or Service; unauthorised access to or alteration of your transmissions or data; statements or conduct of any third party on the Site or Service; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Service); any injury or damage to computer equipment; inability to fully access the Site or Service or any other website; theft, tampering, destruction, or unauthorised access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
7.1. Use of the Website
You agree that your use of the Website is at your sole risk. The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. The information provided on this website is not intended to be, and should not be construed as investment, financial, or other professional advice. You should consult with a financial advisor or other professional to determine what may be best for your individual needs. We do not guarantee the accuracy or completeness of any information on this website. We will not be liable for any errors or omissions, or for any actions taken in reliance on the information provided. The information provided on this website is subject to change without notice. We reserve the right to modify or discontinue any services provided on this website without notice. By accessing and using this, you acknowledge and accept the risks and limitations associated with trading in digital assets, and agree to hold us harmless for any losses or damages resulting from. Your use of this website or the services provided on it. Our maximum liability to you arising out of the Terms of Use, whether for breach of contract, tort (including negligence), or otherwise will be limited to:
7.2 Loss of Business
We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise arising for: business interruption (including downtime, server disruption, lagging, technical or political disturbance to software and/or applications), loss of profits (including loss of or failure to receive anticipated balances), revenue, business, data, opportunity, business information or goodwill; or indirect or consequential loss, arising out of, or in relation to, these Terms of Use, even if such losses are foreseeable or if we have been notified by you of the possibility of such losses.
7.3. Loss of Content
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and you confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website.
7.4. Matters Beyond Our Control
We will not be liable for any breach of the Terms of Use if it is caused by a matter beyond our reasonable control, including acts of God, force majeure, internet failures (including your internet provider), computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, severe weather, or acts of local or central Government or other competent authorities.
7.5. Negligence
Nothing in the Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or any liability to the extent the same may not be excluded or limited as a matter of law.
8. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by Dark Fusion Community members/users, related entities or their licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by a relevant entity, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part without express written permission.
9. Links
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because none of the Dark Fusion Community members/users have control over such sites, applications and resources, you acknowledge and agree that Dark Fusion Community members/users or any related entity is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dark Fusion Community members/users or any related entity shall not be responsible or liable, directly or indirectly, 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.
10. Termination and Suspension
These Terms may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of these Terms will be posted on the Site. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Service by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not agree to the Terms in effect when you access or use the Service, you must stop using the Service. The following provisions of the Terms survive any termination of these Terms: Indemnify; warranty disclaimers; limitation on liability; our proprietary rights; links; termination; no third-party beneficiaries; binding arbitration and class action waiver; general information.
11. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
12. Notice and Procedure For Making Claims of Copyright Infringement
If you believe that your copyright or the copyright of a person on whose behalf you are authorised to act has been infringed, please provide a written Notice (contact@darkfusion.tech) containing the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
13. Arbitration and Class Action Waiver
13.1 Initial Dispute Resolution
The parties agree shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration.
13.2 Binding Arbitration
If we cannot resolve the dispute through good-faith negotiations, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with Rules of Arbitration of the Luxembourg Chamber of Commerce for consumer-related disputes and you and Dark Fusion hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in a mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorised by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section 13.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 13.2 shall still apply. In any case, the remainder of this Agreement, will continue to apply.
13.3 Governing law
For any dispute not subject to arbitration, you and Dark Fusion agree to submit to the personal and exclusive jurisdiction and venue in the district located in Luxembourg. You further agree to accept service of process by mail and electronic mail, and hereby waive any and all jurisdictional and venue defences otherwise available. The terms and the relationship between you and Dark Fusion shall be governed by the laws of Luxembourg without regard to conflict of law provisions.
14. General Information
14.1 Entire Agreement
These Terms (and any additional terms, rules and conditions of participation that may be posted on the Service) constitute the entire agreement with respect to the Service and supersedes any prior agreements, oral or written. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
14.2 Waiver and Severability of Terms
The failure of any entity to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
14.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.4 Headings for Reference Only
The headings of sections and paragraphs herein are included solely for convenience of reference only and shall not be deemed to modify or limit the provisions of this Agreement.
14.5 Communications
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above and at contact@darkfusion.tech
15. Prohibited Use
You may not use the Service to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at contact@darkfusion.tech
By opening using the Service provided here, you confirm that you will not use this Service to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any relevant country, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information
Abuse Other Users: Interfere with another individual's or entity's access to or use of any Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
Notices: Please send notices, reachable on contact@darkfusion.tech
16. Verification Checks
16.1. AML Verification
As part of our compliance requirements and our Risk Management and Compliance Programme, we may at any time request you to not only verify your identity and address but furthermore request proof of ownership (including the source of your funds and/or wealth).
It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities. We are required to monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the appropriate regulator, and we may report such activity to the police or relevant authorities.
16.2. Risk Management and Compliance Programme
Risk Management and Compliance Programme (RMCP), in addition to the above, the company abides at all times to the processes and procedures set out in its RMCP which includes but not limited to the regulatory requirements as set out in the relevant jurisdictions. The RMCP can be found within this compliance pack.
17. Compliance With Laws
Any products accessed through the Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any actions placed through the Website.
18. Intellectual Property Rights
The Website and all content and software made available on it (together the “Website Material”) are our exclusive property or are used under licence by us. We take breaches of our Intellectual Property Rights seriously and may take legal action in respect of any infringements.
18.1. Naming Rights
The names of our Products and Services are the trademarks of us or our licensors. The Website Material is protected by copyright laws and treaties around the world. All rights in and to the Website Material (including all Intellectual Property Rights) are reserved.
18.2. Identification
These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Website, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are permitted to use this material and content only as expressly authorised by us.
18.3. Website Material
The Website Material is made available to you for use on a non-commercial entertainment basis only. Any other use (including, but not limited to, republication) of the Website Material is subject to our prior written approval.
18.4. Clarification
Without limiting the generality of the foregoing, you may not sell, assign, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Website Material without our express prior written consent. Except as permitted by applicable law you must not decompile, re-engineer or disassemble the Website Material, nor attempt to interfere with its correct operation. You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices affixed to Website Material. You agree not to use any automatic or manual device to monitor any of our web pages or any content therein.
18.5. Intellectual Property Liability
We will not be liable to you for any losses nor be liable to pay you any balances if we have reasonable cause to believe that you have engaged in any activity prohibited by this clause.
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