From 8197b3029036f78d7ec695d62333808b4efae2e2 Mon Sep 17 00:00:00 2001 From: Pushkar Anand Date: Sun, 28 Jan 2018 20:07:54 +0530 Subject: [PATCH] Added terms of service and privacy policies. --- src/public/css/app.css | 9 + src/public/js/app.js | 8 + src/public/templates/views/home.html | 8 +- src/public/templates/views/login.html | 12 +- src/public/templates/views/privacy.html | 107 ++++++++ src/public/templates/views/register.html | 20 +- src/public/templates/views/support.html | 8 +- src/public/templates/views/tnc.html | 333 +++++++++++++++++++++++ 8 files changed, 495 insertions(+), 10 deletions(-) create mode 100644 src/public/templates/views/privacy.html create mode 100644 src/public/templates/views/tnc.html diff --git a/src/public/css/app.css b/src/public/css/app.css index 09f5f97..b7389e2 100644 --- a/src/public/css/app.css +++ b/src/public/css/app.css @@ -44,6 +44,15 @@ md-dialog-content { display: block; } +.loginPage .tnc { + width: 1100px; + max-width: 90%; + margin: 10px auto !important; + display: block; + padding: 10px; + text-align: justify; +} + .loginPage .container h3 { margin: 0; padding: 10px; diff --git a/src/public/js/app.js b/src/public/js/app.js index 2793567..b17abbe 100644 --- a/src/public/js/app.js +++ b/src/public/js/app.js @@ -27,6 +27,14 @@ angular.module('aeonPocket', ['ui.router', 'ui.router.state.events', 'ngMaterial url: '/support', templateUrl: 'templates/views/support.html' }) + .state('tnc', { + url: '/terms', + templateUrl: 'templates/views/tnc.html' + }) + .state('privacy', { + url: '/privacy', + templateUrl: 'templates/views/privacy.html' + }) .state('wallet', { url: '/wallet', templateUrl: 'templates/views/wallet.html', diff --git a/src/public/templates/views/home.html b/src/public/templates/views/home.html index f726c3c..6dc3576 100644 --- a/src/public/templates/views/home.html +++ b/src/public/templates/views/home.html @@ -12,7 +12,11 @@

An AEON Web Wallet

Create an Account - \ No newline at end of file diff --git a/src/public/templates/views/login.html b/src/public/templates/views/login.html index 7bac4cc..983ff9a 100644 --- a/src/public/templates/views/login.html +++ b/src/public/templates/views/login.html @@ -24,8 +24,9 @@

{{errorMessage}}
- - +
+ By using our service you agree to our terms of service.
+
Login
@@ -35,4 +36,11 @@

+ \ No newline at end of file diff --git a/src/public/templates/views/privacy.html b/src/public/templates/views/privacy.html new file mode 100644 index 0000000..fdb5592 --- /dev/null +++ b/src/public/templates/views/privacy.html @@ -0,0 +1,107 @@ +
+ + Home +
+
+
+ +

Privacy Policy

+ Please read through our Privacy Policy carefully.
+
+

1. Introduction

+ This Privacy Policy explains how information about you is collected, used and disclosed by AEON Pocket ("we" + or "us"). This Privacy Policy (together with our Terms of Service and any other documents referred to therein + or herein) applies to information we collect when you use our websites, mobile applications, hosted AEON + accounts and other online products and services (collectively, the "Services") or when you otherwise interact + with us.
+ We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the + date at the top of the policy and, in some cases, we may provide you with additional notice such as by adding + a statement to on our blog or by sending you an email notification. We encourage you to review the Privacy + Policy whenever you access the Services to stay informed about our information practices and the ways you can + help protect your privacy.
+ +

2. Collection of Information

+ Information You Provide to Us - We collect information you provide directly to us. For example, we collect + information when you create an account, participate in any interactive features of the Services, fill out a + form, complete a AEON transaction via the Services, request customer support or otherwise communicate with us. + The types of information we may collect include your email address, AEON address, OpenAlias aliases, password, + mobile phone number, mobile PIN code and any other information you choose to provide.
+ Information We Collect Automatically When You Use the Services - When you access or use our Services, we + automatically collect information about you, including:
+ Log Information: We may log information about your use of the Services, including the type of browser you use, + access times, pages viewed, your IP address and the page you visited before navigating to our websites.
+ Device Information: We may collect information about the mobile device you use to access our mobile application, + including the hardware model, operating system and version, unique device identifiers and mobile network information.
+ Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect + information, and this may include sending cookies to your computer or mobile device. Cookies are small data + files stored on your hard drive or in device memory that help us to improve our Services and your experience, + see which areas and features of our Services are popular and count visits. Please note that disabling cookies + will break the session functionality that is required by the hosted AEON account service.
+ Account Address Information: When you create an account through our Services, a view key is automatically + generated and sent to server when required. We do not ever store or know your private spend key, which means + that it is cryptographically impossible for us to spend funds on your behalf.
+ Information We Collect From Other Sources: We may also obtain information from other sources and combine that + with information we collect through our Services. For instance, as and when we implement a live chat support + system we may collect information provided by you during the use of this system, such as your name and email + address. We may also use third-party services branded as AEON. Any third-party services may collect information + as determined by their own privacy policies.
+

3. Use of Information

+ We may use information about you for various purposes, including to:
+ Provide, maintain and improve our Services;
+ Provide and deliver the services you request, facilitate AEON transactions and send you related information, + including confirmations;
+ Send you technical notices, updates, security alerts, authentication codes and support and administrative + messages;
+ Respond to your comments, questions and requests and provide customer service;
+ Communicate with you about products, services, offers, promotions, rewards, and events offered by us and + others, and provide news and information we think will be of interest to you via email or push notifications. + We will provide an unsubscribe option on within these notifications.
+ Monitor and analyze trends, usage and activities in connection with our Services in an aggregate and anonymous + manner;
+ Process and deliver contest entries and rewards;
+ Link or combine with information we get from others to help understand your needs and provide you with better + service; and
+ Carry out any other purpose for which you provided the information.
+ +

4. Sharing of Information

+ We may share information about you as follows or as otherwise described in this Privacy Policy:
+ With the AEON Network, we will share your public account address and any transaction details to facilitate any + transaction request you submit via the Services;
+ With vendors, consultants and other service providers who need access to such information to carry out work + on our behalf; it is our practice to require such parties to handle the information in a manner consistent + with our policies;
+ In response to a request for information if we believe disclosure is in accordance with, or as otherwise + required by, any applicable law, regulation or legal process;
+ If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, + or to protect the rights, property and safety of us or others;
+ In connection with, or during negotiations of, any merger, sale of our assets, financing or acquisition of + all or a portion of our business to another company; and
+ With your consent or at your direction, including if we notify you through our Services that the information + you provide will be shared in a particular manner and you provide such information.
+ We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
+ +

5. Security

+ We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized + access, disclosure, alteration and destruction.
+ +

6. Your Choices

+ Account Information - You may update, correct or delete information about you or your account at any time by + logging into your online account.
+ Push Notifications - As and when this functionality becomes available, and only with your consent, we may send + standard push notifications or alerts to your mobile device. You can deactivate these messages at any time by + changing the notification settings on your mobile device.
+ Promotional Communications - You may opt out of receiving promotional messages from us by following the + instructions in those messages. If you opt out, we may still send you transactional or relationship messages, + such as those about your account or our ongoing business relations.
+ +

7. Contact Us

+ If you have any questions about this Privacy Policy, please contact us at aeonpocket@protonmail.ch +
+
+ +
\ No newline at end of file diff --git a/src/public/templates/views/register.html b/src/public/templates/views/register.html index a03ddb0..504d02b 100644 --- a/src/public/templates/views/register.html +++ b/src/public/templates/views/register.html @@ -9,7 +9,7 @@

AEON Pocket

- +
@@ -26,7 +26,7 @@

- +
@@ -37,7 +37,9 @@

{{errorMessage}}

- +
+ By using our service you agree to our terms of service.
+
Register
@@ -47,7 +49,7 @@

- +
Your private login key:
@@ -69,9 +71,19 @@

+
+ By using our service you agree to our terms of service.
+
Confirm my Private login key

+
\ No newline at end of file diff --git a/src/public/templates/views/support.html b/src/public/templates/views/support.html index 68f1332..e71960d 100644 --- a/src/public/templates/views/support.html +++ b/src/public/templates/views/support.html @@ -78,7 +78,11 @@

Like what we do? Consider contributing.

- \ No newline at end of file diff --git a/src/public/templates/views/tnc.html b/src/public/templates/views/tnc.html new file mode 100644 index 0000000..2723958 --- /dev/null +++ b/src/public/templates/views/tnc.html @@ -0,0 +1,333 @@ +
+ + Home +
+
+
+ +

Terms of Service

+ + PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, + YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
+
+ These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the + Aeon hosted account services (our "Services") provided by AEON Pocket ("Company," "we," or "us").
+ +

1. Eligibility

+ You represent and warrant that you: +
    +
  1. are of legal age to form a binding contract;
  2. +
  3. have not previously been suspended or removed from using our Services; and
  4. +
  5. have full power and authority to enter into this agreement and in doing so will not violate any other + agreement to which you are a party. If you are registering to use the Services on behalf of a legal entity, + you further represent and warrant that +
      +
    1. such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction + of its organization, and
    2. +
    3. you are duly authorized by such legal entity to act on its behalf.
    4. +
    +
  6. +
+ +

2. Account Registration

+ You must create an account with Company to access the Services ("Account"). When you create an Account, you agree to: +
    +
  1. provide accurate and truthful information;
  2. +
  3. maintain and promptly update your Account information;
  4. +
  5. maintain the security of your Account by protecting and backing up your Account Private Login Key and + restricting access to your computer and your Account;
  6. +
  7. promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and
  8. +
  9. take responsibility for all activities that occur under your Account and accept all risks of any authorized or + unauthorized access to your Account, to the maximum extent permitted by law.
  10. +
+ When you create an Account, we assign you a secret sequence of words ("Private Login Key") that you must retain to + access your Account. + +

3. Privacy Policy

+ Please refer to our Privacy Policy for information about how we collect, use and share your information. + +

4. Description of Services

+ As described in more detail below, our Services provides in browser software that +
    +
  1. generates and stores a AEON account address and the associated view private key, and
  2. +
  3. facilitates the submission of AEON transaction requests to the AEON network without requiring you to personally + download and install the associated AEON client software.
  4. +
+ 4.1. Account Address and Private Key.
+ When you create an Account, the Services (software in your browser), + generate a pair of cryptographic private and public key pair that you may use to send and receive AEON via the AEON + network. The view key of the account is sent to server, which enables it to determine any transactions that are for your + account. The private spend key is never stored or known by the Services, which means that it is cryptographically + impossible for us to spend funds on your behalf. The combined public keys generated by the Services serve as your AEON + account address, and may be shared with the AEON network and with others to complete AEON transactions. The private key + uniquely matches the account address and must be used in connection with the account address to create transactions to + send AEON from that account address. You are solely responsible for maintaining the security of your private key and + your Private Login Key. You acknowledge and agree that anybody that has access to your Private Login Key and/or private + key pair will be able to access, spend or transfer the AEON associated with that account address.
+ 4.2. No Private Login Key Retrieval.
+ Our Services do not receive or store your Account's Private Login + Key nor the unencrypted private spend key. Therefore, we cannot assist you with Account Private Login Key retrieval. Our + Services provide you with tools to help you reveal your Private Login Key when logged in, in order to facilitate backups + by you, but the Services cannot generate a new Private Login Key for your Account. You are solely responsible for + remembering your Account Private Login Key. IF YOU HAVE NOT SEPARATELY STORED A BACKUP OF ANY ACCOUNT ADDRESSES AND + PRIVATE LOGIN KEY OR PRIVATE VIEW/SPEND KEY PAIRS MAINTAINED IN YOUR ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT ANY AEON + YOU HAVE ASSOCIATED WITH SUCH ACCOUNT ADDRESSES WILL BECOME INACCESSIBLE IF YOU DO NOT HAVE YOUR ACCOUNT PRIVATE LOGIN + KEY.
+ 4.3. Transaction Requests.
+ All proposed AEON transactions must be confirmed and recorded in the AEON + public ledger via the AEON distributed consensus network ("Verification Network"), which is not owned, controlled or + operated by us. The Services help you submit your AEON transaction request for confirmation to the Verification Network. + However, the AEON network, including the Verification Network, is operated by a decentralized network of independent + third parties. We have no control over the AEON network, including the Verification Network, and therefore cannot and + does not ensure that any transaction request you submit via the Services will be confirmed via the Verification Network. + You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be + substantially delayed, by the Verification Network. When you complete a transaction request via the Services, you + authorize us to submit your transaction request to the Verification Network in accordance with the instructions you + provide via the Services.
+ 4.4. No Storage or Transmission of AEON.
+ AEON are an intangible asset, they exist only by virtue of + the ownership record maintained in the AEON network. The Services do not store, send or receive AEON. Any transfer of + title in AEON occurs within the decentralized AEON network and not within the Services.
+ 4.5. Relationship.
+ Company is an independent contractor for all purposes, and is not your agent or trustee.
+ 4.6. Accuracy of Information.
+ You represent and warrant that any information you provide via the + Services is accurate and complete. You acknowledge and agree that Company is not responsible for any errors or omissions + that you make in connection with any AEON transaction initiated via the Services. For instance, if you mistype a account + address or otherwise provide incorrect information in connection with any transaction request to send AEON via the + Service, the AEON will be sent to whatever account address or information you provide. We strongly encourage you to + review your transaction request details carefully before completing any transaction requests via the Services.
+ 4.7. No Cancellations or Modifications.
+ Once a transaction request has been submitted to the AEON + Verification Network via the Services, the Verification Network will automatically complete or reject the request and + you will not be able to cancel or otherwise modify your transaction request. Company has no control over the AEON + Verification Network and does not have the ability to facilitate any cancellation or modification requests. As a result, + all transaction requests initiated via the Services are irreversible.
+ 4.8. Taxes.
+ It is your responsibility to determine what, if any, taxes apply to the transactions you + complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax + authority. You agree that Company is not responsible for determining whether taxes apply to your AEON transactions or + for collecting, reporting, withholding or remitting any taxes arising from any AEON transactions.
+ +

5. Fees

+ 5.1. Company Fees. Access to the account and all the service available on platform is free.
+ 5.2. Miners Fees.
+ Overview of AEON Mining. The AEON Verification Network (described above) is operated by a network of computers that have + installed the AEON network software. The individuals who operate those computers, called "miners," voluntarily + participate in the Verification Network confirmation process. AEON miners compile a list of pending AEON transactions, + called "blocks," verify that each transaction in the block is valid and does not involve an attempt to re-spend AEON, + and solve a mathematical algorithm to confirm that the block should be added to the public ledger of confirmed blocks, + called the "blockchain." AEON mining is a competitive process. The first miner to verify the transactions in a block + and solve the associated algorithms receive +
    +
  1. an amount of AEON as a reward, which are generated automatically via the AEON network, and
  2. +
  3. any fees voluntarily included within the block by the individuals who initiated the proposed transactions + ("Miners Fees"). Since miners verify AEON transactions on a voluntary basis, it is necessary to include a Miners + Fee in order to provide an incentive to the miners to add a proposed transaction to the next block for + confirmation via the Verification Network.
  4. +
+ Miners Fees Options. At this stage, our Services do not allow you to modify the Miners Fee. It is instead fixed at 0.01 AEON per transaction.
+ You acknowledge and agree that Company does not receive any Miners Fees in connection with providing the Services, and + is not responsible for the speed at which your transactions may be verified by miners.
+ +

6. Discontinuance of Services

+ We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or + discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing, outside + of the Services, a backup of any account address and private key pair that you maintain in your Account. If you do not + maintain a backup of your Account data outside of the Services, you will be unable to access AEON associated with any + account address maintained in your Account in the event that we discontinue the Services.
+ +

7. Assumption of Risk

+ You acknowledge and agree that there are risks associated with utilizing an Internet-based account service including, + but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software + introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account, + including, but not limited to your account address, Private Login Key, and/or private key pair. You acknowledge and agree + that Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may + experience when using the Services, however caused.
+ Company takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our + Services, including, but not limited to, any losses, damages or claims arising from +
    +
  1. account data being "Bruteforced"
  2. +
  3. server failure or data loss,
  4. +
  5. forgotten Private Login Keys,
  6. +
  7. corrupted account files,
  8. +
  9. incorrectly constructed transactions or mistyped AEON addresses; or
  10. +
  11. unauthorized access to mobile applications,
  12. +
  13. "phishing," viruses, third-party attacks or any other unauthorized third-party activities.
  14. +
+ +

8. Third-Party Services and Content

+ In using our Services, you may view content or utilize services provided by third parties, including links to web pages + and services of such parties ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and + will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, + incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your business + dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible + or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your + use of Third-Party Content, and your interactions with third parties, is at your own risk. + +

9. Acceptable Use

+ When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or + other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. + Without limiting the generality of the foregoing, you agree that you will not:
+ Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully + enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
+ Use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal + gambling, fraud, money-laundering, or terrorist activities;
+ Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services + or to extract data;
+ Use or attempt to use another user's account without authorization;
+ Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services + that you are not authorized to access;
+ Introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
+ Develop any third-party applications that interact with our Services without our prior written consent;
+ Provide false, inaccurate, or misleading information; and
+ Encourage or induce any third party to engage in any of the activities prohibited under this Section.
+ +

10. Feedback

+ We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other + information or materials regarding Company or our Services that you provide, whether by email, posting through our + Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and will become the sole property of + Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or + otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including + any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim + rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want + disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted + by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right + to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards + set out in this section. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive or + otherwise violates any right of any third party, or breaches any agreement between you and any third party.
+ +

11. Copyrights and Other Intellectual Property Rights

+ Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials + contained on our website or provided in connection with the Services, including, without limitation, the Company or + Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the + selection and arrangement thereof (collectively, "Company Materials") are the proprietary property of Company or our + licensors or suppliers and are protected by copyright laws and other intellectual property rights laws.
+ We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Company Materials for + your personal or internal business use. Such license is subject to these Terms and does not permit +
    +
  1. any resale of the Company Materials;
  2. +
  3. the distribution, public performance or public display of any Company Materials;
  4. +
  5. modifying or otherwise making any derivative uses of the Company Materials, or any portion thereof; or
  6. +
  7. any use of the Company Materials other than for their intended purposes. The license granted under this Section + will automatically terminate if we suspend or terminate your access to the Services.
  8. +
+ +

12. Suspension; Termination

+ In the event of any Force Majeure Event (as defined in Section 17.5), breach of these Terms, or any other event that + would make provision of the Services commercially unreasonable for Company, we may, in our discretion and without + liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may + terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or + deactivate your Account and all related information and files in such account without liability to you, including, for + instance, in the event that you breach any term of these Terms. In the event of termination, Company will attempt to + return any Funds stored in your Account not otherwise owed to Company, unless Company believes you have committed fraud, + negligence or other misconduct. In the event of termination, your access to funds will depend on your access to your + account backup.
+ +

13. Disclaimer of Warranties

+ TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY + US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE + LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT + LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO + OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
+ YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED + OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY + PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER + CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES + OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
+ Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the + disclaimers in this section may not apply to you.
+ +

14. Limitation of Liability

+ EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE + FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS + OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) + OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY + MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION + OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, + DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A + FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR + SERVICES.
+ Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for + incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
+ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY (INCLUDING OUR + DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, + PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR + INABILITY TO USE, COMPANY OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100).
+ +

15. Indemnity

+ You agree to defend, indemnify and hold harmless Company (and each of our officers, directors, members, employees, + agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation + reasonable attorneys' fees, arising out or relating to +
    +
  1. your use of, or conduct in connection with, our Services;
  2. +
  3. any Feedback you provide;
  4. +
  5. your violation of these Terms; or
  6. +
  7. your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have + the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether + we wish to settle it.
  8. +
+ +

16. Applicable Law; Arbitration

+ PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE + MANNER IN WHICH YOU CAN SEEK RELIEF.
+ You and Company agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes + in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade + names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You + and Company agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to + Company must be sent to aeonpocket@protonmail.ch. You and Company further agree: +
    +
  1. to attempt informal resolution prior to any demand for arbitration;
  2. +
  3. that any arbitration will occur in India
  4. +
  5. that arbitration will be conducted confidentially and be finally settled under the Rules of Arbitration of the + International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rule and
  6. +
  7. that the courts in India have exclusive jurisdiction over any appeals of an arbitration award and over any suit + between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the + arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between + the parties will be governed by these Terms and the laws of India, without giving effect to any conflict of laws + principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD + IN ARBITRATION OR IN COURT, YOU AND COMPANY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION + OR REPRESENTATIVE ACTION OR PROCEEDING.
  8. +
+ +

17. Miscellaneous

+ 17.1. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede + all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the + terms or conditions of any other electronic or written agreement you may have with Company for the Services or for any + other Company product or service or otherwise. In the event of any conflict between these Terms and any other agreement + you may have with Company, the terms of that other agreement will control only if these Terms are specifically + identified and declared to be overridden by such other agreement.
+ 17.2. Amendment. We reserve the right to make changes or modifications to these Terms from time to time, + in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by + sending you an email and/or by posting the amended Terms via the Services and updating the "Last Updated" date at the top + of these Terms. All amended Terms will become effective immediately on the date they are posted to the Services unless + we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Services + after such changes become effective. Your continued use of the Services following the effective date of such changes + will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using + the Services.
+ 17.3. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will + not operate as a waiver thereof.
+ 17.4. Severability. The invalidity or unenforceability of any of these Terms will not affect the + validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
+ 17.5. Force Majeure Events. Company will not be liable for any loss or damage arising from any event + beyond Company's reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, + or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power + failure, or equipment or software malfunction (each, a "Force Majeure Event").
+ 17.6. Assignment. You may not assign or transfer any of your rights or obligations under these Terms + without prior written consent from Company, including by operation of law or in connection with any change of control. + Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your + consent or approval.
+ 17.7. Headings. Headings of sections are for convenience only and will not be used to limit or construe + such sections.
+ 17.8. Survival. 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnity), + 18 (Applicable Law; Arbitration) and this Section 17 (Miscellaneous) will survive any termination or expiration of + these Terms. +
+
+ +
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