TERMS OF USE

These terms of use (“Terms”) constitute a legally binding agreement made between you or on behalf of an entity (“you” or “user”, “users”) and Web23 Inc., along with its agents, assigns, and affiliates (“Web23” ,“we”, “us”, or “our”), concerning your access to and use of the web23.io website and any other form of platform, website, mobile application, APIs, decentralized applications, linked or otherwise controlled by Web23 (collectively, the “Platform”). 

Additional terms provided or displayed to you in any form either on the Platform or otherwise are hereby expressly incorporated herein by reference. 

Web23 reserves the right, in its sole discretion, to make changes or modifications to these Terms at any time and for any reason. It is your responsibility to regularly review these Terms to stay informed of updates. 

You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms are posted. You hereby also waive any right to receive specific updates on every change made to these Terms.

By clicking or tapping any button, window, tab or any other reference marked “accept” or “agree” (or a similar term) in connection with this Agreement, or by accessing or using the Platform, you agree to be bound by these Terms.

  • ELIGIBILITY

You affirm that you are of legal age to enter into this agreement where you live, that you are at least 18 years of age or older, and have the legal capacity to enter into these Terms. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.

If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization with these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Platform and to any such Organization.

You represent that you are legally permitted to use the Platform in your jurisdiction including owning digital assets, and interacting with the Platform in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Web23 is not liable for your compliance with such laws. You further represent and warrant that you will not use the Platform if the laws of your country of residency or establishment prohibit you from doing so in accordance with this Agreement. You further represent that neither you nor your Organization is a resident of Belarus, Burma (Myanmar), Burundi, Central African Republic, Congo, Côte d'Ivoire, Cuba, Iran, Iraq, Lebanon, Liberia, Libya, Mali, Nicaragua, North Korea, Somalia, South Sudan, Sudan, Syria, Crimea (Ukraine/Russia), Venezuela, Yemen, Zimbabwe or any other country which prohibits you from any of the terms mentioned herein.



  • YOUR USE OF PLATFORM
  1. You acknowledge that Web23 is predominantly a software-based service provider and does not intend to custody, control or manage funds in any manner whatsoever. Hedera Domains are deployed in a decentralized environment and they can be autonomously and directly accessed by the Users without use of our interface.
  1. You acknowledge that from time to time the Platform may be inaccessible or inoperable for any reason, including, without limitation: 
  1. equipment malfunctions; 
  2. periodic maintenance procedures or repairs which Web23 may undertake from time to time; 
  3. causes beyond the control of Web23 or which are not reasonably foreseeable by Web23; 
  4. disruptions and temporary or permanent unavailability of the underlying decentralized network infrastructure; 
  5. unavailability of third party service providers or external partners for any reason.
  1. You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  1. You acknowledge and agree that the Platform may evolve over time. This means Web23 may apply changes, replace, or discontinue (temporarily or permanently) the Platform at any time in Web23’s sole discretion.
  1. You acknowledge and agree that the pricing information provided on the Platform does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with Web23.
  1. You acknowledge and agree that the Web23 does not act as an agent for any of the Users.
  1. You are solely responsible for your use of the Platform, including all transfers of digital assets you make.
  1. In connection with using the Platform, you will only transfer legally-obtained digital assets that belong to you.
  1. You are solely responsible for reporting and paying any taxes applicable to your use of the Platform.
  1. You are not and have not been placed on any excluded or denied persons lists by any authority.
  1. You are responsible for complying with any applicable export controls or embargoes.
  1. Any digital assets used by you in connection with the Platform are either owned by you or that you are validly authorized to carry out actions using such digital assets.
  1. You acknowledge and agree that we have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any digital assets that you may transfer to or from a third party, and that we are not responsible for ensuring that an entity with whom you transact actually completes the transaction or is authorized to do so. If you experience a problem with any digital assets purchased from or sold to a third party through the Platform, you bear the entire risk.
  1. You covenant that all activity and conduct in connection with your use of the Platform, including any resultant transactions of the digital assets, will be in compliance with all applicable law, rules, regulations, requirements, guidelines and policies of any governmental or quasi-governmental body or regulatory agency, any self-regulatory organization.
  1. You do not use virtual private network software or any other privacy or anonymization tools or techniques in order to circumvent any restrictions which apply to the Platform, especially those which restrict the geographical availability of the Platform.
  1. As a user of the Platform, you agree not to systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  1. You agree not to make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  1. You agree not to circumvent, disable, or otherwise interfere with security related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.
  1. You shall not engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  1. You shall not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  1. You shall not upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, blockchain mining programs, or other harmful material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  1. You agree not to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, spywares, passive collective mechanisms, or other similar devices.



  • FEES
  1. Domains can be rented for a period of one year initially and can be renewed on an yearly basis. 
  1. In connection with your use of the Hedera network mainnet, you acknowledge the existence of fees and costs necessary to conduct transactions.



  • INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, “Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and other laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a non-exclusive, limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.



  • REPRESENTATIONS, WARRANTIES, AND RISKS
  • No Representation or Warranty

You explicitly acknowledge and agree that your use of the Service is at your sole risk. The Platform is provided on an “as is” and “as available” basis.

We disclaim all representations and warranties, express, implied or statutory, and with respect to the services and the code proprietary or open source, we 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. We do not represent or warrant that the services, code and any related information are accurate, complete, reliable, current or error-free.

  • Sophistication and Risk of Cryptographic Systems

By interacting with the Web23 Platform 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 such as Hedera (Hbar) and decentralized software systems.

Web23 does not own or control any of the underlying software through which decentralized networks are formed. In general, the underlying software for decentralized networks tends to be open source such that anyone can use, copy, modify, and distribute it. 

By using the Platform, you acknowledge and agree:

  1. that Web23 is not responsible for operation of the underlying software for any decentralized network or for the networks themselves, that there exists no guarantee of functionality, security, or availability of such software and networks; and 
  1. that the underlying protocols are subject to sudden changes in operating rules (known as "Forks"), and that such Forks may materially affect the Platform. It might be discretionarily decided not to support (or cease supporting) the Forked network entirely. You acknowledge and agree that Web23 assumes absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.
  1. Underlying networks use public/private key cryptography. You alone are responsible for securing your private key(s). Web23 does not have access to your private key(s). Losing control of your private key will permanently and irreversibly deny you access to funds on the Hedera network. Neither Web23 nor any other person will be able to retrieve or protect your digital assets or funds. Once your private key(s) is lost, you will not be able to transfer your digital assets to any other address or wallet. If this occurs, you will not be able to realize any value or utility that you may hold now or in future.
  • Disclaimer of Fiduciary Duties

To the 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 Web23 may have to the user, its affiliates, or the end users of the Platform, the site or its content, provided that such exclusion or limitation of liability shall not extend to the Web23’s misappropriation of assets or funds of its users or its affiliates, or the end users of the Platform, website or content provided by Web23 or other acts or omissions that constitute a bad faith violation of the implied contractual covenant of good faith and fair dealing.

  • Risk of Regulatory Actions in One or More Jurisdictions

The Platform, digital assets and HBAR could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Company to continue to develop, or which could impede or limit your ability to access or use the Platform or Hedera Network, including access to your digital assets or other funds.

  • 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, digital assets and Platform, which could result in the theft or loss of your digital assets or property. To the extent possible, we intend to update the smart contracts underlying the Hedera Domains mainnet to account for any advances in cryptography and to incorporate additional security measures, but do not guarantee or otherwise represent full security of the system. By using the Platform or accessing the Site, you acknowledge these inherent risks.

  1. Volatility of Cryptocurrency
  1. You understand that Hedera and other blockchain technologies and associated digital assets, currencies 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 Hedera Network. You acknowledge that the cost and speed of transacting with cryptographic and decentralized systems such as Hedera are variable and may increase dramatically at any time.
  1. You acknowledge these risks and represent that Web23 cannot be held liable for such fluctuations or increased costs.
  • Application Security

You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform. This warning and others provided in these Terms by Web23 in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Platform.

Although it is intended to provide accurate and timely information on the Platform, the Platform 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 Platform or relevant tools are your sole responsibility and Web23 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.

No representation is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing information distributed via the Platform. Prices and pricing information may be higher or lower than prices available on other platforms.

  • Technical Knowledge

Any use or interaction with the Platform requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on the Platform does not indicate our approval or disapproval of the underlying technology regarding such type of digital asset, and should not be used as a substitute for your own understanding of the risks specific to each type of digital asset. We make no warranty as to the suitability of the digital assets referenced on the Platform and assume no fiduciary duty in our relations with you.

  • Financial Risks

Use of the Platform may carry financial risk. Digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss can be substantial. You should, therefore, carefully consider whether the Platform is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Platform or any underlying digital asset. You accept all consequences of using the Platform, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be, liable to you in connection with the use of the Platform for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.

  • Applicable Law and Tax

You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your use of Platform, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of the Platform.

Applicable law, regulation, and executive orders may require us to, upon request by government agencies, take certain actions or provide information with regards to interactions and transactions with you.

  • Operational Risks

You are aware of and accept the risk of operational challenges. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Platform or the software underlying the Platform. Accordingly, you should verify all information on the Platform before relying on it, and all decisions based on information contained on the Platform are your sole responsibility and we will have no liability for such decisions.

  • INDEMNIFICATION

You agree to defend, indemnify, and hold Web23 harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

  1. use of the Platform; 
  2. breach of these Terms; 
  3. any breach of your representations and warranties set forth in these Terms; 
  4. your violation of the rights of a third party, including but not limited to intellectual property rights; 
  5. our blocking or deletion of any domain in custody with us or other information in such domain record in accordance with these Terms; 
  6. any malfunction, damage or disruption to any public decentralized network, or 
  7. any overt harmful act toward any other user of the Platform with whom you connected via the Platform. 

Notwithstanding the foregoing, Web23 reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  • LIMITATIONS OF LIABILITY

In no event will Web23 or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

  • OPEN SOURCE AND PROPRIETARY RIGHTS

Some software used in our Platform may be offered under an open source license that we will make available to you. Open-source code is available on the Web23 Github Repository. This open source code is licensed under the MIT License and you agree to abide by the terms of this license.

These Terms do not grant you the right to use any branding or logos used in our Platform. You may not remove, obscure, or alter any legal notices displayed in or along with our Platform.

  • LINKS

The Platform provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. You authorize Web23 to provide certain personal data and information, including any data as described and addressed in our Privacy Policy. You acknowledge and agree that Web23 is not responsible for the availability of any external sites, applications or resources provided by third parties, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from sites or resources offered by third parties. You further acknowledge and agree that Web23 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.

  • TERMINATION AND SUSPENSION

Web23 may terminate or suspend all or part of the Platform’s access immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your access, your right to use the Platform will immediately cease. 

The following provisions of the Terms survive any termination of these Terms: INDEMNITY; REPRESENTATIONS, WARRANTIES AND RISKS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; ARBITRATION AND CLASS ACTION WAIVER; USE OF SERVICES.

  • 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.

  • USER REPRESENTATIONS

By using the Platform, you represent and warrant that: 

  1. all registration information you submit will be true, accurate, current, and complete; 
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary; 
  3. you have the legal capacity and you agree to comply with these Terms; 
  4. you are not a minor in the jurisdiction in which you reside; 
  5. you will not access the Platform through automated or nonhuman means, whether through a bot, script or otherwise; 
  6. you will not use the Platform for any illegal or unauthorized purpose; and 
  7. your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

  • USER REGISTRATION

You may be required to register with the Platform. You acknowledge and agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

  • PRODUCTS

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. We also expressly reserve the right to develop new products at our sole discretion. Prices for all products are at our sole discretion and are subject to change.

  • THIRD PARTY CONTENT

The Platform may contain (or you may be sent via the Platform) links to other web services ("Third Party Websites ") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Platform or any Third Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.

  • PLATFORM MANAGEMENT

We reserve the right, but not the obligation, to: 

  1. monitor the Platform for violations of these Terms of Use; 
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; 
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your domains (if in our custody) or contributions or any portion thereof; 
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 
  5. otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
  • GOVERNING LAW

These Terms and your use of the Platform is by and construed in accordance with the laws of the State of Delaware, USA. , without regard to its conflict of law principles.

  • DISPUTE RESOLUTION
  • Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

  • Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

In no event shall any Dispute brought by either Party related in any way to the Platform be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

  • Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • MISCELLANEOUS
  • Entire Agreement

These Terms and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of the Platform. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms of Use.

  • Waiver and Severability of the Agreement

The failure of any entity to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

  • Section Titles

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

  • Privacy and Transparency

Web23 respects the privacy of the Users. Web23 will treat any information about you in accordance with its Privacy Policy, which is incorporated herein by reference. The Privacy Policy provides an outline of the types of data and information about you we may collect or process, which you authorize by agreeing to these Terms. You are asked to read the Privacy Policy before you use the Platform. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Platform.

  • Conflict or Inconsistencies

In the event of any conflict or inconsistency between these Terms and any non-English language translation thereof, the terms and provisions of these Terms shall control.

  • Communications

Web23 may utilize collected data and information about you, addressed above and in the Privacy Policy, for the purposes set out in the Privacy Policy. Users with questions, complaints or claims with respect to the Platform may contact us using the relevant contact information available on our contact us page.