Terms of Use

Date of last revision: December 16th, 2021

These general terms of use (the “Terms of Use”) govern your use and access, either as an individual or a single entity ("You" or "Your" as applicable), to the website available at the following URL address: pubpower.io (the “Site”) owned and operated by PubPower, which registered office is located at Vistra Corporate Services Centre, Wickhams Cay II, Road Town, Tortola, VG1110, British Virgin Islands.

Use of the Site

Access and use of the Site: By accessing and using the Site, You expressly and unconditionally agree to the Terms of Use in particular of the Privacy Policy. If You are accessing and/or using the Site as a single entity, You represent to PubPower that You have all necessary corporate or equivalent authority and power to agree to the GTU which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using and accessing the Site as a user. You can subscribe to PubPower’s solution by executing an agreement with PubPower.

The Site and/or PubPower’s services are not destined to minors (i.e. under the age of eighteen), therefore, You are forbidden to use the Site and/or PubPower’s services if you are under such age limit.

PubPower reserves the right, at its sole discretion, to limit and/or forbid access to the Site and/or to PubPower’s services, and/or to terminate any account, without limiting any other remedy, which it suspects violates (i) the GTU, (ii) applicable laws and/or (iii) any third party right such as, without limitation, any intellectual property right.

Site Content, Software and Trademarks: You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by PubPower in writing, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part. In connection with Your use of the Site and PubPower’s services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized by PubPower is strictly prohibited.

The PubPower name and logos are trademarks or registered trademarks of PubPower (collectively the “PubPower Trademarks”). Other PubPower products and service names and logos used and displayed via the Site may be trademarks or registered trademarks that may or may not be affiliated to PubPower.

Nothing in these Terms of Use and/or within the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right for You to use any of PubPower Trademarks displayed on the Site, without PubPower’s prior written permission in each instance. All goodwill generated from the use of PubPower Trademarks will inure to PubPower’s exclusive benefit.

Third Party Material: Under no circumstances will PubPower be liable in any way for any content or materials of any third parties contained on the Site, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that PubPower and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, PubPower and its designees will have the right to remove any content that violates the Terms of Use or is deemed by PubPower, in its sole discretion, to be otherwise objectionable after having obtained acknowledgement of such content. You agree that you must evaluate, and bear all risks associated with, the use of any content on the Site, including any reliance on the accuracy, completeness, or usefulness of such content.

Furthermore, You acknowledge and agree that any question, comment, suggestion, enhancement, idea, and other information regarding the Site and PubPower’s services that you may supply to PubPower are not confidential information and that PubPower is entitled to use and disclose them, without any restriction, for any purpose, whether commercial or not, without any recognition nor consideration.

Third Party Websites

The Site and/or third parties may provide links or other access to third party sites and resources on the Internet. PubPower has no control over such sites and resources and PubPower is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that PubPower will 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 content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the Site are between You and the third party, and you agree that PubPower is not liable for any loss or claim that You may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold PubPower and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Site, your connection to the Site, Your violation of the Terms of Use or your violation of any rights of another.

Disclaimer and Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PUBPOWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

PUBPOWER MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUBPOWER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PUBPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Amendment of the Terms of Use

PubPower reserves the right to amend the Terms of Use and the privacy policy at any time. In such an event, the amendments will be notified to You with a special banner within the Site. You acknowledge and agree by using and/or accessing the Site after the amendment date, You will be deemed having fully consented to the Terms of Use and the privacy policy as amended.

General

With respect to any disputes or claims arising in connection with Your use of the Site, You and PubPower agree to submit to the personal and exclusive jurisdiction of the state and federal courts where it is located.

QUESTIONS? PROBLEMS? SUGGESTIONS?

Please contact us by email [email protected] or by postal mail at Vistra Corporate Services Centre, Wickhams Cay II, Road Town, Tortola, VG1110, British Virgin Islands, to inform us of any breach of the Terms of Use and/or to ask us any information regarding the