This website is owned and operated by Kyklos Entertainment S.r.l.(“Kyklos,” “Company,”“we,” “us,” or “our”). These terms and conditions (the “Terms” or this “Agreement”) govern your access to the Company’s software, technologies, tools, services, products, features, functions, transactions, and experiences including, but not limited to, viewing, exploring, creating digital assets, engaging in transactions, and interacting with our web, mobile and other properties and our community of users, posting content, and voting for any creative projects (the “Offerings”). These Terms constitute a legally binding agreementbetween you and Company which owns and operates the Internet website athttps://2137ad.com/ (the “Site”) and also anticipates launching mobile applications, and other services (collectively the “Services”). The term “You” or “User” shall refer to any individual that views, uses, accesses, browses or submits any content or material to the Services.
By using the Services, Offerings and/or clicking the “I accept” checkbox when you sign up, you agree to all the terms and conditions set forth in this Agreement, including our Privacy Policy, and Cookie Policy, (collectively, our “Policies”), which are incorporated herein by reference. These Terms do not have to be signed in order to be binding.
PLEASE BE AWARE THIS AGREEMENT CONTAINS PROVISIONS GOVERNING DISPUTE RESOLUTION BETWEEN YOU AND THE COMPANY AND INCLUDES PROVISIONS, SUBJECT TO SOME STATED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS A CLASS ACTIONAND JURY TRIAL WAIVER. PLEASE READ THESE PROVISIONS CAREFULLY.
USE OF THE SERVICES
(a)The Services currently include but are not limited to a website, social platform, chat, a Decentralized Autonomous Organization (“DAO”), staking of tokens, posting content and projects, voting for film projects, audience participation, project funding, rewards, gamification, contests and blockchain enabled marketplace with web3 tools. The Services may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. The Services may also allow you to access certain software, content, services, products and/or Digital Assets that are available to purchase directly from third parties using the Services and/or the Company.
(b)Subject to your compliance with the these Terms, the Company grants you alimited, revocable, non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license to use and access the Services and Offerings. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company orits licensors, except for the permissions and rights expressly granted in thisAgreement. Any and all licenses, rights, permissions and accounts can be terminated, canceled, or suspended by the Company at any time in its sole discretion without notice.
(c)You represent and warrant that you will comply with all applicable laws (e.g.,local, European, international and other laws) when using the Services. You are solely responsible for ensuring that your access and use of the Service in your country, territory or jurisdiction does not violate any applicable laws.
(d)The Company reserves the right to modify or discontinue, temporarily or permanently, the Services and Offerings (or any part thereof) with or without notice. The Company reserves the right to refuse you or any user access to the Services without notice for any reason, including but not limited to a violation of these Terms, or no reason. If you violate this Agreement, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Services and Offerings and prevent you from opening new Accounts. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
(e)We may change or replace these Terms, the Services and/or the Offerings at anytime for any reason in our sole discretion, but especially to reflect changed or added functionality, for compliance with law, for reasonable commercial reasons, to supplement or clarify this Agreement, or otherwise to protect our legitimate interests. It is your responsibility to check these terms of service from time to time for any changes. If you do not agree with any of the changes to these terms of service, it is your responsibility and sole remedy to stop using our Services and Offerings and cancel your Account. You acknowledge that our Services, Offerings, and functionality are constantly evolving, and we may change partsof our Services and Offerings at any time, in our sole discretion, without notice or consent from you.
(f)You are responsible for providing the computer, tablets, mobile, or other devices, along with the wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, connect to, and/or use the Services. We do not guarantee that the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or Service will be available in any particular geographic location. We have no responsibility for complying with the terms and conditions of use and privacy policies imposed upon you by third party providers of devices, applications, connectivity and other equipment and services you require to use our Services (“Third Party Providers”), and that saidThird Party Providers have no responsibility to conform with the terms and conditions contained in this Agreement, unless such Third Party Providers also are in privity with this Agreement and use our Services.
NOT A BROKER OR PROVIDER OF FINANCIAL SERVICES
The information provided through the Services is forinformational purposes only. None of theinformation included on the Services is intended to be, and does not,constitute financial advice or any other advice. All of the information isgeneral in nature and not specific to you. You should not rely on anyinformation or content on the Services to make an investment decision. Youshould consult with a financial professional to determine what may be best foryour individual needs. We do not makeany guarantee or other promise as to any results that may be obtained fromusing the Services. No one should make any investment decision without firstconsulting his or her own financial advisor and conducting his or her ownresearch and due diligence.
None of the information and/or content availablethrough the Services is intended as an offer or solicitation of an offer to buyor sell, or as a recommendation, endorsement, or sponsorship of any company,financial product, security, or commodity. To the maximum extent permitted bylaw, we disclaim any and all liability in the event any information,commentary, analysis, opinions, advice and/or recommendations prove to beinaccurate, incomplete or unreliable, or result in any investment or other losses.
The Company is not a wallet provider, exchange,broker, financial institution, creditor, or money service provider. Kyklos provides, among other Offerings, peer-to-peerweb3 services that help users to directly interact with each other, and mint,sell and transfer Digital Assets (including NFTs and cryptographic tokens anddigital artwork, content and/or media that resides on the blockchain). We only provide an interface for users to mintDigital Assets and the smart contracts for the sale and transfer of DigitalAssets. The sale and transfer ofDigital Assets is a peer-to-peer transaction, and we are not responsible forthe content and integrity of the transaction as we do not have custody orcontrol over the Digital Assets, NFTs or blockchains or persons you areinteracting with and we do not execute or effectuate purchases, transfers, orsales of Digital Assets. As usedthroughout this Agreement, “Digital Asset” means any digital asset(including a virtual currency or token, NFT, or virtual commodity) which is adigital representation of value based on (or built on top of) a cryptographicprotocol of a computer network whether in existence currently or to beinvented. “Seller” means a party such asthe Company, its Affiliated Parties, a User, an intermediary, an exchange, orotherwise who engages in the sale of Digital Assets.
KYKLOS IS NOT A BROKER-DEALER OR PLACEMENT AGENT. AT NO TIME DOES KYKLOS OFFER, BROKER, ADVISE, PURCHASE, SELL OR OTHERWISETRANSACT IN SECURITIES REGULATED BY LAW. KYKLOS IS NOT APERSONAL FINANCIAL ADVISOR. KYKLOS, WHETHER THROUGHTHE SERVICES OR OTHERWISE, DOES NOT PROVIDE PERSONAL FINANCIAL ADVICE, LOANS ORCREDIT, BANKING, CONSUMER CREDIT RATINGS, CREDIT DECISIONS, FINANCIAL PRODUCTS,BROKERAGE ACCOUNTS, INSURANCE, TAX ADVICE, LEGAL ADVICE, OR FINANCIAL OR LEGALSERVICES OF ANY KIND.
The Company, itssubsidiaries, parent companies and affiliated entities, and each of their past,present and future directors, officers, employees, agents, Sellers, equityholders, contractors, advisors, members, the DAO, their suppliers, vendors,licensors, predecessors, successors assigns (collectively referred to as the “Affiliated Parties”) disclaim allliabilities to you as contained in these Terms and as consideration for usingthe Services and Offerings of Company and its Affiliated Parties, you willagree to the provisions contained in these Terms releasing, waiving, defending,indemnifying and holding harmless Company and its Affiliated Parties from anyand all damages, claims, actions, proceedings, judgments, settlements, awards,and other liabilities from any and all causes directly or indirectly relatingto your use of the Services and Offerings.
ACCOUNTS
To access or use 2137AD.com, and all other affiliated domains andsubdomains, you must create an account with us (an “Account”). When you create the Account, you must provideaccurate and up-to-date and truthfulinformation. It is important that you maintain and update your details and anyother information that you provide to us.
(a) Authority. If you are entering into this Agreement on behalf of your employer,and entity or another person (including entities), you represent and warrantthat: (i) you have full legal authority to bind your employer, entity or suchperson to this Agreement; (ii) you have read completely and understand thisAgreement; and (iii) you agree to this Agreement on behalf of the party yourepresent. Please note that if you sign up for an account using an emailaddress from your employer or another person, then you will be deemed torepresent that party, and your acceptance of this Agreement and/or our Servicesand Offerings, will bind your employer, the entity, or that party to theseTerms, and the words “User,” “you,” and “your” “will refer to your employer,entity, person or other party.
(b) Age Eligibility. Eligibility to use the Services and Offerings of Company, requirethat you are at least 18 years of age.
(c) Jurisdiction. You may only openan account and utilize the Services and Offerings of Company in jurisdictionswhere such use and access is allowed by law. If it is determined that your country of citizenship or residenceprohibits the Services and Offerings of Company, your account will be deemedvoid from inception and terminated upon our becoming aware of thejurisdictional prohibition or constraints. You may not open in a jurisdictionthat has prohibitions and restrictions concerning blockchain andcryptocurrencies including, without limitation, and such jurisdictions as maybe later identified such as Afghanistan, Algeria, Bangladesh, Bolivia,Cambodia, Colombia, Egypt, Ghana, Indonesia, Iran, Iraq, Morocco, Nepal, NorthMacedonia, People’s Republic of China, Russia, Saudi Arabia,Syria, Taiwan, Turkey, and Vietnam (the “RestrictedCountries”).
(d)Usernames. You may not use, as a username, the name of another person (forexample, the name of well-known personalities or a name to which you have noconnection), brand, or entity, a name that is not lawfully available for use,or a trade name that is subject to any rights of another person or entity, or aname that is offensive, vulgar, or obscene. In the event that issues arise overthe use of particular usernames, for example where another person claims thatyour username appropriates their name, we will consider the circumstances andmay require you to change your username (and we may then reassign yourusername). If we have asked you to do this and you refuse, we may suspend orcancel your user Account. Importantly, and without impacting the above, we donot permit ‘domain squatting’or ‘domain parking’orsimilar, and we may reclaim and reallocate usernames that we reasonably believehave been created for these purposes. You can raise any concerns with usrelating to usernames by contacting us at: _________________
(e)Account Information. By creating your Account, you agree, represent and warrantthat you have created your Account only for your own personal use and not onbehalf of any third party, unless you have obtained prior written approval fromthe Company. We may, in our sole discretion, refuse to open any Account. If you desire to open an account and webelieve that additional information is required, we may ask for proof ofidentity, compliance with AML and KYC requirements, and other actions anddocuments to prove your identity (i.e., passport, government issuedidentification or driver’s license, and a photograph of yourself from awebcam or mobile phone), and information including your legal name, date ofbirth, physical address, tax identification number, source of funds, employmentinformation, and income information.
(f)Account Access and Security. You must maintain your digital wallet, seedphrase, password, and other confidential account security information (“Security Information”). You agree notto disclose your Security Information to any third party, and you areresponsible for safeguarding the Security Information and digital wallet thatyou use. You will be fully responsible for activities that relate to youraccount or your Security Information. You must notify us immediately uponbecoming aware of any breach of security or unauthorized use of your account.You must not use your account or allow it to be used in a way which may (in ouropinion) causes damage to or impairs the reputation of the Company and/or itsAffiliated Parties, infringes or violates any third-party rights, or violatesany applicable laws or regulations. You agree to be responsible for all actionstaken using your account, whether authorized by you or not, until you eitherclose your account, your account is suspended or terminated by us, or notify usthat your account has been compromised.
(g)Security Breach. If you suspect that your Account or any of your securitydetails have been compromised or if you become aware of any fraud or attemptedfraud or any other security incident (including a cyber-security attack)affecting you and/or the Company, its Affiliates, and/or Sellers (collectivelya “Security Breach ”), you must notify immediately by clicking the following, filling out the appropriate form, submitting the form: ___________________________ and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, and mitigate any Security Breach. Prompt reporting of a Security Breach does not guarantee that we will reimburse you for any losses suffered or be liableto you for any losses suffered as a result of the Security Breach.
(h)Account removal, suspension and/or termination. The Company may restrict,suspend, or close your account and refuse you further access to any Servicesand Offerings as the Company may decide in its sole discretion for any reasonor no reason, which may include, but is in no manner limited a believedviolation of its Policies and the Terms of this Agreement, including but notlimited to, copyright infringement, inappropriate content or conduct, illegalactivity, violation of cybersecurity and/or privacy measures, or if the companyreasonably believes that you’ve breached this Agreement and/or ourPolicies. Both you and Company agree to notify the other of any legal claimsfor which you might have to indemnify the Company as soon as possible, but inno event more than seven (7) days after receipt of notice of such claim. If theCompany fails to notify you of a legal claim promptly, you won’t have toindemnify the Company for damages that you could have defended against ormitigated with prompt notice. You agree to allow the Company to controlinvestigation, defense, and settlement of legal claims for which you would haveto indemnify the Company, and tocooperate with those efforts. The Companyagrees not to agree to any settlement that admits fault for you or imposesobligations on you without your prior agreement.
(i)Account termination. You may choose to stop using the Services or Offerings andterminate your account at any time by going to your account online and goingthrough the cancellation process or by clicking the following link, completingthe form and submitting the request through the following link: ___________________.
(j)Communications. By creating an Account, you consent to receive electroniccommunications from us, including, but not limited to, via email, pushnotification, text messages, or other types of communications and notifications(“Communications”). These Communications may include notices about ourServices, Offerings, transactions, and your Account, and are part of yourrelationship with us. We may also send you promotional Communications we thinkwill be of interest to you. You understand that you are not required to providethis consent as a condition of using the Service and you may opt out of theseCommunications through the Services or, if available, through your device’s operatingsystem (with the possible exception of important service announcements andadministrative messages) by following the unsubscribe instructions provided.
USER CONDUCT
You agree to use the Services and Offerings in a manner that complies with these Terms and notto (and not attempt to) use the Services or Offerings for any use or purposeother than as expressly permitted by this Agreement. You agree that you will not violate any law,contract, intellectual property, or other third-party right, and that you aresolely responsible for your conduct and content, while accessing or using theServices. You also agree that you will not:
(a)Copy, adapt, modify, distribute, license, sell, transfer, publicly display orperform, transmit, stream, broadcast the contents, information and/or DigitalAssets from our Services and/or Offerings;
(b)Attempt to discover any source code, reverse engineer, decompile, duplicate,disassemble, decode prepare derivative works from or based upon, and/orotherwise exploit, the Services or any portion of the Services, or limit accessto any service, area, or code of the Services;
(c)Disguise the source of materials or other information you submit to theServices or use tools which anonymize your internet protocol address (e.g.,anonymous proxy) to access the Services or Site;
(d)Interfere with or circumvent any security feature or any feature that restrictsor enforces limitations on use of, or access to, the Services, the Offerings,Digital Assets, or Content
(e)Probe, scan, or test the vulnerability of any system or network or breach orcircumvent any security or authentication measures of the Services and/orOfferings, or interfere with or disrupt (or attempt to do so) the access of anyuser, host or network, including, without limitation, transmitting viruses,worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware,cancelbots, passive collection mechanisms, or any other malicious or invasivecode or program or uploading or transmit (or attempt to upload or to transmit)any material that acts as a passive or active information collection ortransmission mechanism, web bugs, cookies or other similar devices, use anydata mining, robot, spider, crawler, scraper, script, browser extension,offline reader, or other automated means or interface not authorized by us toaccess the Service, extract data, or otherwise interfere with or modify therendering of the Services and/or Offering and their pages or functionality, oroverloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interferewith or create an undue burden on the Services;
(f)Use or attempt to use another user’s Account without authorization from suchuser, pose as, or impersonate, another person or entity, claim a username forthe purpose of reselling it or otherwise engage in name squatting, or revealany personal information about another individual, including another person’s address, phonenumber, e-mail address, credit card number, or any information that may be usedto locate, contact or impersonate that individual; attempt to impersonate anyother party; create user accounts by automated means or under false pretenses ormislead others as to the origins of your communications;
(g)Access the Services from a different blockchain address if we’ve blocked any ofyour other blockchain addresses from accessing the Services, unless you haveour written permission first;
(h)Create or transmit unwanted electronic communications such as “spam,” to other users ormembers of the Services, or otherwise interfere with other users’ormembers’ enjoyment of the Services, or forgeany TCP/IP packet header or any part of the header information in any email orposting, or in any way use the Services to send altered, deceptive, or falsesource-identifying information; or distribute spam, including through sendingunwanted Content to other users;
(i)Use the Services in any manner that could damage, disable, overburden, orimpair the functioning of the Services;
(j)Bypass or ignore instructions that control access to the Services, includingattempting to circumvent any rate limiting systems by using multiple API keys,directing traffic through multiple IP addresses, or otherwise obfuscating thesource of traffic you send to our websites, applications and properties;
(k)Sell or resell the Services, Digital Assets or content belonging to theCompany, or attempt to circumvent any of our verification, payment, fee andother systems;
(l)Engage in behaviors that have the intention or the effect of artificiallycausing any Digital Assets, NFTs, or other content to appear at the top ofsearch results, or artificially increasing view counts, favorites, or othermetrics used to sort search results;
(m)Use the Services or data collected from our Services for any advertising ordirect marketing activity (including without limitation, email marketing, SMSmarketing, and telemarketing);
(n)Use the Services for money laundering, terrorist financing, or other illicitfinance;
(o)Use the Services to carry out any financial activities subject to registrationor licensing, including but not limited to creating, selling, or buyingsecurities, commodities, options, or debt instruments;
(p)Use the Services to create, sell, or buy NFTs, Digital Assets, or other itemsthat give owners rights to participate in an ICO or any securities offering, orthat are redeemable for securities, commodities, or other financialinstruments, or use the Services to carry out any financial activities subjectto registration or licensing, including but not limited to creating, selling,or buying securities, commodities, options, or debt instruments;
(q)Use the Services to engage in price manipulation, fraud, or other deceptive,misleading, or manipulative activity;
(r)Use the Services to buy, sell, or transfer stolen items, fraudulently obtaineditems, items taken without authorization, and/or any other illegally obtaineditems;
(s)Infringe or violate the intellectual property, contract, rights or any otherrights of others;
(t)Create or display content or other items that promote suicide or self-harm,incites hate or violence against others, or doxes another individual;
(u)Use the Services for any illegal or unauthorized purpose, including creating ordisplaying illegal content, such as content that may involve child sexualexploitation, or encouraging or promoting any activity that violates thisAgreement;
(v)Use the Services in any manner that could interfere with, disrupt, negativelyaffect or inhibit other users from fully enjoying the Services, or makeimproper use of the Company’s support services or submit false reports ofabuse or misconduct;
(x)Engage in activities, communications and behaviors to other Users or theCompany using the Services that (i) contain any offensive comments based on aperson’s age, color, race, national origin, gender identity, sexual preference,or disability, (ii) is unlawful, hateful, racist, libelous, defamatory,harassing, intimidating, mocking, disparaging, profane, obscene, indecent,pornographic, sexual or otherwise objectionable, (iii) promotes or incentivizesviolence, hate, illegal activities, suicide, self-harm, or abuse, or doxesanother individual, (iv) attempts to, or does, trick, defraud, deceive ormislead the Company, its Affiliated Parties or other users, especially in anyattempt to learn sensitive information, (v) uses the Services for any illegalor unauthorized purpose, including creating or displaying illegal content, suchas content that may involve child sexual exploitation, or (vi) encouraging orpromoting any activity that violates this Agreement.
OWNERSHIP OFRIGHTS TO INTELLECTUAL PROPERTY, SERVICES, OFFERINGS, CONTENT AND DATA
The Company ownsall rights, title, and interest in and to its technology, brand name,trademark, slogans, trade secrets and other proprietary property including, butnot limited to, its “look and feel” (e.g., text, graphics, images, logos, page headers,button icons, and scripts), its logo, all designs, text, graphics, visual content, pictures, data, software, code, UIUX, audio files, other files and the selection and arrangement thereof (collectively, the “IP”). Nothing contained herein shall be construed to transfer any ownership, rights, title or interest in and to our IP. You may notcopy, imitate or use, in whole or in part, without our prior written permissionin each instance, any of our IP. You may not use any metatags or other “hidden text” utilizing ourbrand names or any other name, trademark or product or service name of the Companyor our Affiliated Parties or licensors without our prior written permission.
You will not modify, publish, transmit, reverse engineer, participate in the transfer orsale, create derivative works, or in any way exploit any of the IP, in whole orin part, found on the Services. Your use of the Services does not entitle you to make any unauthorized use of any protected content and will not delete oralter any proprietary rights or attribution notices in the IP. You will use theIP solely for your personal use and will make no other use of the IP without the express written permission of Company. You agree that you do not acquireany ownership rights in any IP. We do not grant you any licenses, express orimplied, to the IP or our licensors except as expressly authorized by these Terms.
(a)Your Content. You may generate, upload, or publish content, either in the formof documents, images, videos, or otherwise, while using the Services (“Content“). You acknowledge and agree that your Content may be used,reproduced, displayed, modified, deleted, added to, adapted, and published byus (for example, in advertising and product marketing campaigns). You hereby grant the Company a non-exclusive,perpetual, worldwide, royalty-free, sublicensable and transferable license andrights to publish the Content until such time as your account is terminated. Because websites, Internet, mobileapplications and blockchain applications are searchable, may archive Content,or may refuse to remove Content, you agree to release, indemnify and hold usharmless for any Content that is historically recorded and/or published bythird party sites and applications after the date of termination of yourAccount, or removal from our Services and/or Offerings.
The Content mustbe original material that has been created by you. By uploading content to theServices, you represent and warrant that: (i) you exclusively own all right,title, and interest in and to the Content; (ii) the Content does not infringeupon the Intellectual Property Rights of any third party; and (iii) there areno legal actions, investigations, claims, or proceedings pending or threatenedrelating to the Content. We have noobligation to monitor the Content. However, We reserve the right to review anyContent and to remove any materials in our solediscretion. We reserve the right to terminate your rights to upload, publish orshare any Content at any time without notice for any reason.
(b)Trademarks. All other third-party trademarks, registered trademarks, andproduct names mentioned on the Services or contained in the content linked toor associated with any Digital Assets, including but not limited to NFTs, displayedon the Service are the property of their respective owners and may not becopied, imitated or used, in whole or in part, without the permission of theapplicable intellectual property rights holder. Reference to any products,services, processes or other information by name, trademark, manufacturer,supplier or otherwise does not constitute or imply endorsement, sponsorship, orrecommendation by the Company. All DigitalAssets and content are subject to the terms and conditions of the smart contractsor other agreements related to such Digital Assets and content, including thoseprovided by the Company and/or third parties, as may be applicable.
THIRD-PARTYCONTENT AND SERVICES
As part of ourServices and Offerings, the Company provides web3 tools that enable socialinteraction, community building, peer-to-peer transactions, and a marketplacefor our members to purchase and exchange Digital Assets. The Company does notmake any representations or warranties about, or endorse, any third-partycontent visible through our Services and Offerings, including any contentassociated with NFTs and creative projects displayed on the Services. The Company also doesn’t make anyrepresentations, warranties, endorsement or guarantees about the character orhonesty of any person offering Digital Assets, NFTs, tokens, projects, servicesor products on the Company’sServices. You bear full responsibility for verifying the legitimacy, authenticity,and legality of all Digital Assets, NFTs, products, services, projects, andtokens offered on the Company’s Services, as well as the persons who makessuch offers. We also cannot guarantee that any NFTs visible on our Serviceswill always remain visible and/or available to be bought, sold, or transferred.
Digital Assets, NFTs, tokens, services, and products offered on our Services may be subject toterms directly between buyers and sellers that differ from the terms andconditions contained in this Agreement. The Company is not a party to any suchthird-party terms and conditions and you are entirely responsible forreviewing, communicating, promulgating, agreeing to, and enforcing any thirdparty terms you impose or that are being imposed upon you.
The Services mayalso contain links or functionality to access or use third-party websites (“Third-Party Websites”) andapplications (“Third-PartyApplications”), or otherwise display,include, or make available content, data, information, services, applications,or materials from third parties (“Third-PartyMaterials”). When you click on a linkto, or access and use, a Third-Party Website or Third-Party Application, thoughwe may not warn you that you have left our Service, you are subject to theterms and conditions (including privacy policies) of another website ordestination. Such Third-Party Websites, Third-Party Applications, andThird-Party Materials are not under the control of the Company and may openother applications for which no recourse is possible. The Company and itsAffiliated Parties are not responsible or liable for any Third-Party Websites,Third-Party Applications, and Third-Party Materials. The Company provides linksto these Third-Party Websites and Third-Party Applications only as aconvenience and does not review, approve, monitor, endorse, warrant, or makeany representations with respect to Third-Party Websites or Third-PartyApplications, or their products or services or associated Third-PartyMaterials. You assume all risk in using any and all Third-Party Websites,Third-Party Applications, and Third-Party Materials.
USE OF PUBLICLY SUBMITTED MATERIALS
Any informationthat you deem confidential, secret, proprietary or otherwise private that issubmitted through the Services, Applications or any medium of exchange, whetherknown or unknown, existing or later invented, including without limitation,websites, mobile applications, email, text, uploads and/or downloads (“Mediums”) is your responsibility tokeep confidential, secret, proprietary and private. Any content, including without limitation,Digital Assets, NFTs, projects, information, photos, videos, writing, creativeworks, demos, ideas, suggestions, concepts, methods, systems, designs, plans,techniques, name, likeness, image, links to pages, links to websites, links tomobile applications or other materials, social media, profiles, as well as allcommunications, transmissions, posts and contributions made via any Medium,including, but not limited to, chat rooms, message boards, forums, surveyresponses, email, links, shares, forwards and/or our web logs that you send,upload, download, post, transmit, communicate, share and/or submit using anyMedium (“Publicly Submitted Materials”) will be deemed not to be confidential, private orsecret, and may be used by us in any manner consistent with the Privacy Policygoverning the use of such information.
By submitting,transmitting, or sending, in any Medium, Publicly Submitted Materials to us,you: (i) represent and warrant that the Publicly Submitted Materials areoriginal to you, that no other party has any rights thereto, and that any “moral rights” in PubliclySubmitted Materials have been waived, or that you are the owner of thematerial, or are making your posting or submission with the express consent ofthe owner of the material; and (ii) that you are 18 years of age or older. Wecannot be responsible for maintaining any Publicly Submitted Material that youprovide to us, and we may delete or destroy any such Publicly SubmittedMaterial at any time. Also, inconnection with the exercise of such rights, you grant us, and anyone authorizedby us, the right to identify you as the author of any of your postings orsubmissions by name, email address or screen name, public key, wallet address,or other identifier, as we deem appropriate.
In considerationfor us providing you the license herein and your use of our Sites, Services andOfferings, subject to our Privacy Policy, you hereby, without additionalcompensation, while your Account is active, grant us a non-exclusive license tofreely use, copy, disclose, sublicense, assign, distribute, publish, and marketany content, materials and/or communications you may choose to submit uswithout any obligation, royalty or restriction on us based on any claim orright of confidentiality and/or intellectual property rights or otherwise andno content, materials and/or communications you submit or share with us or onany of our Services or Offerings will be considered your confidentialInformation, and nothing in this Agreement limits our right to independentlyuse, develop, evaluate, disclose, publish, or market products or services, suchcontent, materials and/or communications. Also,in consideration for the license to access and use our Sites, Services andOfferings, you irrevocably assign, convey and transfer to the Company anon-exclusive, royalty-free, perpetual, sublicensable, and assignable license,throughout the universe, in any and all mediums whether in existence or to bedevised in the future, to any and all content and Publicly Submitted Materialsand other posted materials you may submit or publish on your profile and usingour Services and Offerings.
The rightsgranted to the Company herein by you also provide us all rights to remove,erase, delete any and all Publicly Submitted Materials in our sole discretionwithout notice, if we deem the Publicly Submitted Materials to be dangerous orinconsistent with the content we deem appropriate on the Services. There is also no obligation by us to displayor publish any Publicly Submitted Materials. You agree not to submit PubliclySubmitted Materials, content or information which (i) restricts or inhibits anyother user from using and enjoying the Services and Offerings, (ii) arefraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory,obscene, vulgar, offensive, pornographic, profane, sexually explicit orindecent, (iii) constitute or encourage conduct that would constitute acriminal offense, give rise to civil liability or otherwise violate any local,state, national or international law, (iv) violate, plagiarize or infringe therights of third parties including, without limitation, copyright, trademark,trade secret, confidentiality, contract, patent, rights of privacy or publicityor any other proprietary right, (v) contain a virus, spyware, or other harmfulcomponent, (vi) contain embedded links, advertising, chain letters or pyramidschemes of any kind, or (vii) constitute or contain false or misleadingindications of origin, endorsement or statements of fact. You acknowledge thatthe Company has the right, but not the obligation to, use and display anypostings or contributions of Publicly Submitted Materials and other postedmaterials of any kind and that the Company may elect to cease the use anddisplay of any such materials (or any portion thereof), at any time in its solediscretion.
DIGITAL MILLENNIUMCOPYRIGHT ACT AND INFRINGEMENT CLAIMS.
The Company willtake down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/orother intellectual property infringement claims and will terminate a user’s access to theServices if the user is determined to be a repeat infringer. If you believethat your content has been copied in a way that constitutes copyright ortrademark infringement, or violates your publicity or other intellectualproperty rights, please fill out our form here or you may submit written noticeto our designated copyright agent at Kyklos by clicking thefollowing link, filling out the appropriate form and submitting the form to ___________________. For us to process yourinfringement claim regarding content on the Service, you must be the copyrightholder or someone authorized to act on behalf of the copyright holder. Weencourage you to use our form to help ensure the requisite information is includedin your notice. If you choose to write to us by email, your notice mustinclude:
(a)Identification of the copyrighted work(s), trademark, publicity rights, orother intellectual property rights that you claim is being infringed;
(b)Identification of the allegedly infringing material that is requested to beremoved, including a description of the specific location (i.e., urls) on theService of the material claimed to be infringing, so that we may locate thematerial;
(c)Your contact information including, at a minimum, your full legal name (notpseudonym) and email address;
(d)A declaration that contains all of the following:• A statement that you have a good faith belief that useof the material in the manner complained of is not authorized by theintellectual property rights owner, its agent, or the law• A statement that the information in the notice isaccurate; and• A statement under penalty of perjury that you areauthorized to act on behalf of the intellectual property owner of theintellectual property that is allegedly being infringed.• (e) Your physical or electronic signature (of yourfull legal name). Please note thatwe will forward your notice of intellectual property infringement, includingyour contact information, to the party who will have their content removed sothey understand why it is no longer available on our Services and can alsocontact you to resolve any dispute.
LIMITATION OF LIABILITY
TO THE MAXIMUMEXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT THE COMPANY, ITS AFFILIATEDPARTIES, AND SELLERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOUMAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING,WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY ORINDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OFPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVENIF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THATOUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF ORRELATING TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TOACCESS OR USE) THE SERVICES AND OFFERINGS OR ANY PORTION THEREOF, WHETHER INCONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO $500.
YOU ACKNOWLEDGEAND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESETERMS IN RELIANCE UPON YOUR REPRESENTATIONS AND WARRANTIES, YOUR ASSUMPTION OFALL RISKS, AND YOUR AGREEMENT TO PERFORM AND BE BOUND BY THE THESE TERMS,INCLUDING, BUT NOT LIMITED TO, THE WARRANTY AND OTHER DISCLAIMERS ANDLIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THESERVICES AND OFFERINGS TO YOU WITHOUT YOUR AGREEMENT TO PERFORM AND BE BOUND TOALL TERMS AND CONDITIONS IN THIS AGREEMENT.
SOMEJURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OROF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TOYOU. IN THE EVENT OF A JURISDICTIONAL PROHIBITION ON LIMITATION OF LIABILITY,THE MAXIMUM AMOUNT YOU MY RECOVER IS $500.00 USD OR ITS EQUIVALENT IN THE LOCALCURRENCY OF THE APPLICABLE JURISDICTION.
INDEMNITY
By agreeing tothe these Terms, accessing the Services and Offerings, and/or engaging in anoffer, purchase, usage, holding, sale and transfer of any Tokens and DigitalAssets, you agree, to the fullest extent permitted by applicable law, todefend, indemnify, and hold harmless the Company, its Affiliated Parties, andany Sellers, including their respective past, present and future employees,officers, directors, contractors, consultants, advisors, equity holders,suppliers, vendors, service providers, related companies, affiliates, agents,representatives, predecessors, successors and assigns (“IndemnifiedParties”) from and against allactual or alleged claims, damages, awards, judgments, losses, liabilities,obligations, penalties, interest, fees, expenses (including, withoutlimitation, attorneys’ fees and expenses), costs (including, withoutlimitation, court costs, costs of settlement, and costs of pursuingindemnification and insurance), and other liabilities of every kind and naturewhatsoever, whether known or unknown, foreseen or unforeseen, matured orunmatured, or suspected or unsuspected, in law or equity, whether in tort,contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to propertyor personal injury, that are caused by, arise out of or are related to thefollowing: (a) your use or misuse of the Services and Offerings offered by theIndemnified Parties; (b) the use of any content, information, media and/orcommunications provided by you; (c) your negligence or willful misconduct; (d)your purchase, holding, usage, transfer, delivery, and/or sale any Tokens andDigital Assets, including the Tokens or NFTs; (e) a breach of this Agreementincluding any of your responsibilities, obligations, representations and warrantiesunder this Agreement; and (d) your violation of any rights of any other personor entity.
RELEASE OF CLAIMS
To the fullestextent permitted by applicable law, you release the Company and the otherIndemnified Parties from responsibility, liability, claims, demands and/ordamages (actual and consequential) of every kind and nature, known and unknown(including, but not limited to, claims of negligence), arising out of orrelated to disputes between users and the acts or omissions of third parties.You expressly waive any rights you may have under any statute or common lawprinciples that would otherwise limit the coverage of this release to includeonly those claims which you may know or suspect to exist in your favor at thetime of agreeing to this release.
DISCLAIMERS; NO WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY KYKLOS, THE SERVICES, THE OFFERINGS, AND THE INFORMATION CONTAINED ON THESERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED. FILMIO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES ANDINFORMATION CONTAINED THEREIN. FILMIO MAKES NOWARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, ANDEXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY,NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BERESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USEOF ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES ORCLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLYCONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATALOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BYTHIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, OR ANY SUCH ELECTRONICWALLET.
No advice orinformation, whether oral or written, obtained from us, our Affiliated Parties,or its service providers or through the Services or content, will create anywarranty not expressly made herein. Reference to any products, services,processes or other information by trade name, trademark, manufacturer,supplier, vendor or otherwise does not constitute or imply endorsement,sponsorship, or recommendation thereof, or any affiliation therewith, by Us.Some jurisdictions do not allow the disclaimer of implied terms in contractswith consumers, so some or all of the disclaimers in this section may not applyto you.
DATA PROCESSING
The data controller is KyKlos Entertainment Srl with registered office in Bologna ViaDon Minzoni 11 VAT number 00870721206 pec: kyklosentertainmentsrl@pec.it
Inthis site personal data are not required under any circumstances and users arenot allowed to leave comments on forms, articles or pages, reviews, orregister. The only information collected is a name or nickname, an e-mail andthe continent to which they belong in a special contact form present on eachpage. No operations or sales activities of any kind are carried out on thissite except for the collection of the data listed above to be notified when thesite opens its platform and activates the services it announces; starting fromthat moment, in fact, this page will be completely updated, as whoever wants,among those who left the e-mail, will be offered to register on the site, totake note of a new Privacy Policy and become members by releasing more dataincluding personal. This site does not provide for the sending of newslettersin this first phase, at any time the user who has left his e-mail can requestits cancellation to _______________.
GOVERNING LAW
These Terms willbe governed by and construed and enforced in accordance with the laws of the [British Virgin Islands?], without regard to conflict of law rules or principles (whether ofU.S.A or any other jurisdiction) that would cause the application of the lawsof any other jurisdiction.
MANDATORYARBITRATION AND DISPUTE RESOLUTION
Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. Thisclause requires you to arbitrate disputes with the Company, its Affiliates,and/or Sellers and limits the manner in which you can seek relief from saidparties.
(a)You agree that any dispute or claim relating in any way to your access, use, orattempted access or use of the Services and Offerings or engaging in anytransactions using or Services and Offerings, including but not limited to, theoffer, purchase, holding, usage, transfer and sale of any Digital Assets willbe resolved by binding arbitration, except that the Company, its Affiliates,Sellers and/or you may seek equitable relief in court for infringement or othermisuse of intellectual property rights (described above). You agree that anysuch arbitration shall be settled solely and exclusively by binding arbitrationheld in the British Virgin Islands, administered by a mutually agreed uponarbitrator and conducted in English, rather than in court.
(b) Thearbitrator shall have exclusive authority to (i) determine the scope andenforceability of this Arbitration Agreement; and (ii) resolve any disputerelated to the interpretation, applicability, enforceability or formation ofthis Arbitration Agreement, including but not limited to any claim that all orpart of this Arbitration Agreement is void or voidable; (iii) decide the rightsand liabilities, if any, of you, the Company, its Affiliates, Sellers, and anyother parties who have rights or obligations under this Agreement; (iv4)determine evidentiary and other procedures, (v) grant motions dispositive ofall or part of any claim; and (vi) award monetary damages and grant anynon-monetary remedy or relief available to a party under applicable law, arbitrationrules, and this Agreement (including theArbitration Agreement). The arbitrator has the same authority to award reliefon an individual basis that a judge in a court of law would have. Thearbitrator shall issue a written award and statement of decision describing theessential findings and conclusions on which the award is based, including thecalculation of any damages awarded. Such an award is final and binding upon youand Company.
(c)YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU AND THECOMPANY, ITS AFFILIATES, AND/OR SELLERS ARE EACH WAIVING THEIR RIGHT TO TRIALBY JURY AND APPEAL AND ARE FURTHER WAIVING THEIR RIGHT TO PARTICIPATE IN ACLASS ACTION OR CLASS ARBITRATION. THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVEANY DISPUTE BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE ALL RIGHTSTO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, ARBITRATED, OR OTHERWISERESOLVED ON A CLASS, COLLECTIVE, REPRESENTATIVE, AND/OR MASS ACTION. ONLYINDIVIDUAL RELIEF IS AVAILABLE AND DISPUTES OF MORE THAN ONE CLAIMANT CANNOT BECONSOLIDATED OR ARBITRATED WITH THOSE OF OTHER CLAIMANTS, UNLESS AGREED TO INWRITING BY THE COMPANY, ITS AFFILIATES, SELLERS AND/OR OTHER PARTIES SEEKING TOCONSOLIDATE ACTIONS.
(d)If any part of this Arbitration Agreement is found to be invalid orunenforceable, then such part shall be of no force and effect and shall besevered and the remainder of the Arbitration Agreement shall continue to infull force and effect.
(e)This Arbitration Agreement shall survive the termination of your relationshipwith the Company, its Affiliates, and/or Sellers.
(f)A party who wishes to initiate arbitration must provide the other party with arequest for arbitration (the “Request”). If you initiate the arbitration, you mustprovide the Company, its Affiliates, and/or Sellers, as may be applicable, byclicking on the following link, filling out the appropriate form, andsubmitting that form, Request Form Here. The Request must include:(i) the name, telephone number, mailing address, email address of the partyseeking arbitration, and the email addresses associated with the applicableusers Account(s); (ii) a statement of the legal claims being asserted and thefactual bases of those claims; (iii) a description of the remedy sought,including an accurate, good faith calculation of the amount in controversy inUnited States Dollars; (iv) a statement certifying completion of thearbitration process set forth in this section; and (v) evidence that therequesting party has paid any necessary filing fees in connection with sucharbitration.
(g)If the party requesting arbitration is represented by counsel, the Requestshall also include counsel’s name, telephone number, mailing address, andemail address. Such counsel must also sign the Request. By signing the Request,counsel certifies to the best of counsel’s knowledge,information, and belief, formed after an inquiry reasonable under thecircumstances, that: (i) the Request is not being presented for any improperpurpose, such as to harass, cause unnecessary delay, or needlessly increase thecost of dispute resolution; (ii) the claims, defenses and other legalcontentions are warranted by existing law or by a nonfrivolous argument forextending, modifying, or reversing existing law or for establishing new law;and (iii) the factual and damages contentions have evidentiary support or, ifspecifically so identified, will likely have evidentiary support after a reasonableopportunity for further investigation or discovery.
(h)You and the Company, its Affiliates, and/or Sellers agree that all materialsand documents exchanged during the arbitration proceedings shall be keptconfidential and shall not be shared with anyone except the parties’attorneys,accountants, or business advisors, and then subject to the condition that theyagree to keep all materials and documents exchanged during the arbitrationproceedings confidential.
(i)The arbitrator will be either a retired judge or an attorney licensed topractice law in the jurisdiction and venue where the arbitration is held andwill be selected by the parties using the arbitration provider’s roster ofavailable commercial arbitrators. If the parties are unable to agree upon anarbitrator within thirty (30) business days of delivery of the Request, thenthe arbitration provider will appoint the arbitrator in accordance with itsrules.
(j)The parties shall bear their own attorneys’ fees and costs inarbitration unless the arbitrator finds that either the substance of theDispute or the relief sought in the Request was frivolous or was brought for animproper purpose. If you or the Company, its Affiliates, and/or Sellers need toinvoke the authority of a court of competent jurisdiction to compelarbitration, then the party that obtains an order compelling arbitration insuch action shall have the right to collect from the other party its reasonablecosts, necessary disbursements, and reasonable attorneys’ fees incurred insecuring an order compelling arbitration. The prevailing party in any courtaction relating to whether either party has satisfied any condition precedentto arbitration, is entitled to recover their reasonable costs, necessarydisbursements, and reasonable attorneys’ fees and costs.
ASSIGNMENT
You may not assign, modify, or novate any rights, obligations, and/or licenses grantedunder this Agreement. Any attempted transfer or assignment by you in violationhereof shall be null and void. The Company, its Affiliates, and/or Sellers mayassign or novate its rights and obligations under these Terms without yourconsent, and you agree to, at your own expense, take whatever action or executeany document which the Seller may require for the purpose of effecting any suchassignment or novation by the Seller. The Company, its Affiliated Parties andSellers reserve the right to assign our rights without restriction, includingwithout limitation to any assign, acquiror, or to any successor in interest ofany business associated with us. In the event that either, any or all of theCompany, its Affiliated Parties and Sellers is acquired by or merged with athird-party entity, we reserve the right, in any of these circumstances, totransfer or assign the information we have collected from you as part of suchmerger, acquisition, sale, or other change of control. Subject to theforegoing, this Agreement will bind and inure to the benefit of the parties,their successors and permitted assigns.
REMEDIES ANDWAIVERS
No failure toexercise, nor any delay in exercising, on our part, any right or remedy underthis Agreement shall operate as a waiver of any such right or remedy. No singleor partial exercise of any right or remedy prevents any further or otherexercise or the exercise of any other right or remedy. The rights and remediesprovided in this Agreement are cumulative and not exclusive of any rights orremedies provided by law.
RELATIONSHIP OFTHE PARTIES
The Company, itsAffiliates, and/or Sellers each are acting as an independent contractor for allpurposes. Nothing in this Agreement is intended to or shall operate to create apartnership, joint venture, agency, employment relationship, consulting relationship,or any other relationship providing you any rights or claims against, includingany rights to contract, bind, settle, receive distributions, equity and/orpayments from The Company, its Affiliates, and/or Sellers.
RIGHTS OF THIRDPARTIES
Except asotherwise provided in herein, the these Terms are intended solely for thebenefit of you and us and are not intended to confer third-party beneficiaryrights upon any other person or entity. Save for any Affiliated Parties whoshall be entitled to enforce or enjoy the benefit of the terms of thisAgreement, no person who is not a party to this Agreement shall have any rightsto enforce or to enjoy the benefits of any terms of this Agreement.
LANGUAGE
You acknowledgethat, solely for convenience, these Terms may be translated into a languageother than English, and that a copy of the English language version of theseTerms has been provided to you (which you have read and understand). In theevent of conflict or ambiguity between the English language version andtranslated versions of these Terms, the English language version shall prevail.
SEVERABILITY
If, at any time,any provision of this Agreement is or becomes illegal, invalid or unenforceablein any respect under any law of any jurisdiction, neither the legality,validity or enforceability of the remaining provisions nor the legality,validity or enforceability of such provision under the law of any otherjurisdiction will in any way be affected or impaired.
TERMINATION
The Company reserves the right to terminate this Agreement with you, in its solediscretion, for no reason, or any reason, including but not limited to, in theevent of a breach by you of this Agreement. Upon termination of this Agreement: (a) all of your rights under this Agreement immediately terminate; (b) you willnot entitled to any refund of any amount paid whatsoever, save in the casewhere this Agreement is terminated by us without any breach by you of thisAgreement; and (c) the provisions relating to intellectual property ownership;confidentiality; licensure and use of your content, materials, communicationsand information; infringement claims; our disclaimer; your release, defense,hold harmless, indemnification provision; assumptionof risks provisions; arbitration; your representations and warranties;governing law; severability; compliance with law; and our ability to suspend orterminate your Account and access to our Sites, Services and Offerings willsurvive expiration or termination of this Agreement.
NOTICES
Any notice under this Agreement must be given in writing. We may provide notice to you throughyour notification email address. You agree that any electronic communicationfrom us to you will satisfy any applicable legal communication requirements,including that such communications be in writing. We also agree to accept emailfor customer support, infringement, and security issues. Any notice to you will be deemed given uponthe first business day after we send it. Any legal or other formal notices fromyou will require that you provide written notice to the Company by submittingsuch notice to the company by going to this link and submitting your notice.
FORCE MAJEURE
We shall be excused from performance under these Terms, to the extent We are prevented ordelayed from performing, in whole or in part, as a result of an event or seriesof events caused by or resulting from: (a) weather conditions or other elementsof nature or acts of God; (b) acts of war, acts of terrorism, insurrection,riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) laborstrikes; (e) error or disruption to major computer hardware or networks orsoftware failures; or (g) other causes beyond the reasonable control of Filmio.
RELIANCE ON INFORMATION POSTED
Commentary andother materials posted on the Site, the Services, or the Offerings is notintended to amount to advice on which reliance should be placed. We thereforedisclaim all liability and responsibility arising from any reliance placed onsuch materials by any visitor of the Services, or by anyone who may be informedof any of its contents.
CHANGES TO THESETERMS
The Company reserves the right to add, update, modify, edit and/or delete this Agreementand any of our Policies (“Revisions”) which Revisions may done in our discretion and forsuch reasons that we determine, including but are not limited to, complyingwith changes to the law, providing clarifications or supplements to thisAgreement, or reflecting enhancements to our Offerings. Revisions will be posted and be made withoutnotice to you. The Revisionswill not apply retroactively but will take effect upon posting. Continued use of the Services and Offeringsshall be deemed acceptance of the Revisions. It is your obligation to regularlyreview this Agreement and any Revisions thereto, and if you do not agree withany Revisions, your sole and exclusive remedy is to terminate your use of theServices and close your account.
ENTIREAGREEMENT
These Terms, including the documents and material incorporated by reference, constitute theentire agreement between you and the Company and supersedes all prior orcontemporaneous agreements and understandings, both written and oral, betweenyou and the Company. We may make changes to these Terms from time to time asreasonably required to comply with applicable law or regulation.
Notes: HOW WE PROTECT THE INFORMATION THAT IS COLLECTED
This website regularly receives malware scans, the privacy and policy page is always punctually revised if necessary and the third-party services are verified and used for reliability, also the data controller guarantees adequate IT security in its devices.
We do not sell, exchange or transfer the data collected, such as nickname/name, continent and e-mail, to externalparties; however, it is understood that for any violation of the collected data that is known to us and occurs, the user will be notified within 24 hours via e-mail.
The time we hold/keep the informationreleased, such as nickcname/name, continent and e-mail is limited to the timenecessary to carry out the notification service via e-mail of the activation ofservices within the site according to a new regulation that will require a newvoluntary registration and with personal data and a new consent.
Should you ever believe that theprocessing of your personal data has been carried out unlawfully, you can lodgea complaint with one of the competent supervisory authorities for compliancewith the rules on the protection of personal data. In Italy, the complaint canbe presented to the Guarantor for the Protection of Personal Data (http://www.garanteprivacy.it/).
This information may undergo changesand additions over time, therefore we invite you to periodically check thecontents.
Cookies
Cookies areused on this site for a full browsing experience, however by disabling/notaccepting them, the actual browsing experience will not have any repercussions.
What are cookies for?
Cookies are used for differentpurposes: execution of IT authentications, session monitoring, memorization ofinformation on specific configurations concerning users accessing the server,memorization of preferences, etc.
On these sites we use functional,non-statistical and non-marketing technical cookies – in any case the cookie banner clearly states that youcan choose to navigate only with those in your preferences.We don’t use Google Analitics.About Jetpack and wordpress cookies you can see all the datails on the bannerchosing preferences.
These are cookies that are used tonavigate or to provide a service requested by the user. They are not used forother purposes and are normally installed directly by the website owner.
Without the use of these cookies,some operations could not be performed or would be more complex and/or lesssecure.
For the installation of technicalcookies, users´ consent is not required, while it is necessary to provide theinformation (art. 13 of EURegulation 2016/679).
Our Cookie Banner can be accepted by continuing to browse the site, otherwise in other cases it will always remainvisible
Embedded content from other websites
Articles onthis site may include embedded content (e.g. videos, images, articles, etc.).Embedded content from other websites behaves in the exact same way as if thevisitor has visited the other website.Thesewebsites may collect data about you, use cookies, embed additional third-partytracking, and monitor your interaction with that embedded content, includingtracking your interaction with the embedded content if you have an account andare logged in to that website.This sitecontains links to YouTube videos. You Tube belongs to the family of GoogleApplications therefore it should follow the general privacy policy of Google,which treats its data. According to the regulation GDPR 679/2016 on Privacy,data controllers have the obligation to process data in a safe and lawful way,however there is no certainty that our consent plugin is able to block trackingin the moment in which the play button will be clicked to play the video; thismust be taken into account. For more information, visit https://www.youtube.com/about/policies/#community-guidelinesOn thissite, in case of entering the e-mail to be included in the waiting list inorder to be among the first to be informed by e-mail regarding theinitialisation/opening of a new and more complete service platform within thesite itself, one is also automatically inserted, unless refused/cancelled, asdetailed in the data acquisition form, in a Telegram group of Immortals.social managed by the owner of the data processing of thissite; in these Telegram groups you remain anonymous, you are not visible toothers, no other data is requested, no interaction is foreseen. The purpose ofthe Telegram group is in fact for this phase only to propose itself as apossible alternative of passive information of the user of what will becommunicated via e-mail. For more information, visit https://telegram.org/privacy
PrivacyProtection for Minors
No service,contact form, including the invitation to leave your e-mail, or the contents of this site are aimed at minors.