Terms and ConditionsLast updated: January 21, 2022.
1. The website vodra.io (“Website”) is operated by Vodra Media SRL (the “Company”) on a voluntary, “as-is” and “as available” basis. These Terms and Conditions (‘T&C’) govern your use of the Website and $VDR Tokens (‘$VDR’ or ‘Token(s)’). Services available on the Website include, but are not limited to the sale and purchase of $VDR, and ability to use the Token for various purposes mentioned on the Website, as updated from time to time. The Website also links to a platform called ‘Vodra’ (‘Platform’) which provides options for utilization of $VDR. The products and services provided through the Website and Platform relate to the cryptocurrency sector and none of them have been assessed to be fit for any purpose, and are not stated to comply with any business or regulatory requirements. You assume all risks arising from using any of the products or services available on the Website. The Company is not liable for any claim, damages, or other liability, whether in contract, tort, or under any other theory of liability, arising from, out of, or in connection with the products or services available on the Website. Unless mentioned explicitly, any terms mentioned here cover your use of both the Website and the Platform. Further, unless specifically mentioned, any reference to the Website, and/or $VDR, also includes the Platform which can be accessed through it, and vice-versa. 2. $VDR are ERC-20 based Tokens based on a smart contract on the Ethereum blockchain. They are being made available by the Company for sale through external websites or platforms linked to the Website on a voluntary, “as-is” and “as available” basis. It is not a service of any kind and you should not rely on the Company to assist you to evaluate $VDR, assess its fitness for any purpose or comply with any requirements. You assume all risks arising from any transactions linked to $VDR, the external websites or platforms where it is available, and/or the Website. The Company is not liable for any claim, damages or other liability, whether in contract, tort or under any other theory of liability, arising from, out of or in connection with $VDR/Website. The external websites where $VDR are available are not under the control of the Company and operate independently with their own terms and conditions. 3. ‘You’ or ‘User’ in this document refers to any person who visits the Website and/or purchases any products or services from the Website and/or the Company. ‘We’ or any of its forms refers to the Company and/or the Website as the situation dictates. 4. You have to agree with these non-negotiable terms and conditions (‘T&C’) which include ‘Risk Disclosures’ before using the Website and or $VDR. The term ‘Use’ means any manner of use of the Website and includes but is not limited to browsing the Website, or making purchases of products and services on the Website, and all other possible activities on the Website and/or its internal links. The T&C will be binding on all persons (natural or legal) who access or Use the Website from any jurisdiction across the world where it is legally available for access. 5. The Website, $VDR, and products or services may be prohibited by the local laws of certain countries. You must ensure compliance with all laws applicable to you when Using the Website or making any purchases on it. You may not access the Website, $VDR, or use any of its services or products if you are a citizen or resident of Restricted Country, or if you are incorporated in a Restricted Country. You may lose access to the products or services purchased on the Website without any recourse for refund or compensation if (a) it is discovered that the laws of the countries which apply to you prohibit the use of the Website, or its products or services, or (b) if you are a resident or a citizen of a Restricted Country, or (c) if you access the Website from a Restricted Country, or (d) the products or services purchased on the Website are used in a manner linked in any way to a Restricted Country, or (e) the funds used on the Website are linked in any manner to any violation of United States, European Union or United Nations sanctions. ‘Restricted Country’ means any of the following- People’s Republic of China (PRC), Bosnia and Herzegovina, Costa Rica, Democratic People's Republic of Korea (DPRK), Ethiopia, Hong Kong, Iran, Iraq, Israel, Jersey, Syria, Uganda, the United States of America (USA), Vanuatu and Yemen. You may also not use or obtain $VDR, if you are a resident or citizen of a Restricted Country, or incorporated in a Restricted Country. 6. We may use Internet Website (IP) based block and/or any other available technology to prevent Users from Restricted Countries. You are in violation of the T&C and may be in violation of laws of multiple jurisdictions if you attempt to circumvent such a block. Risk disclosures 7. There are several risks when using the products or services sold or accessible through the Website and the Platform. These risks include inherent risks associated with the use of a virtual platform, the decentralized nature of the platform, and participating in virtual asset transactions. These risks include, without limitation: • Partial or total loss of access to the products or services; • Regulatory or judicial action in any country; • Regulatory uncertainty and government action (including judicial action) against cryptocurrencies, cryptocurrency exchanges, Websites, blockchain technology, and/or virtual assets; • Collapse in liquidity with respect to virtual assets; changes in compatibility of a virtual asset, changes in the smart contracts; • Delays in or complete failure of virtual asset transactions being confirmed; • Counterparty risk; • Fluctuations in value of assets • The extreme volatility of the assets linked to the products and services sold on the Website; • Faults, defects, hacks, exploits, errors, or unforeseen circumstances occurring in respect of the Platform or the technologies that the Website or products and services sold on the Website depend on; • Loss of private keys; and • Attacks on the Website, or the platform or the technologies that $VDR depend on, for example, distributed denial of service, sybil attacks, phishing, social engineering, hacking, smurfing, malware, double spending, majority-mining, consensus-based or other mining attacks, misinformation campaigns, forks, and spoofing; • Upgrade or change in the Ethereum blockchain, or the technology in general. 8. This list of potential risks mentioned in Clause 7 is not exhaustive and is not intended to capture the extent of all possible risks. In the event of any of the above occurring, you may lose your assets entirely. You acknowledge and agree that there are risks associated with purchasing and holding $VDR and using blockchain technology. These include, but are not limited to, risk of losing access to $VDR due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavourable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. Participants should consider all of the above and assess the nature of their activities and their own appetite for relevant risks independently and consult their advisers before purchasing $VDR, or before making any purchases on the Website and/or the Platform. USE THE WEBSITE AND THE PLATFORM AT YOUR OWN RISK. DECENTRALIZED FINANCE AND CRYPTOCURRENCIES SHOULD NOT BE DEALT WITH OR USED BY PERSONS WHO DO NOT UNDERSTAND THEIR FUNCTIONING AND RISKS INVOLVED IN DEALING WITH THEM. YOU MAY LOSE ALL YOUR MONEY AND/OR OTHER ASSETS. 9. You understand that $VDR(s) will be purchased with Ethereum and the Company has no control over gas fees collected by Ethereum miners. Users who desire to purchase $VDR will have to bear the cost of Gas for the transaction. Gas fee needs to be paid for every transaction on the blockchain related to a $VDR. The Gas fee may vary and the Company exercises no control over the same. You also understand that the Company does not have the ability to reverse Ethereum transactions. 10. Activities related to $VDR on the Website or any other platform may be risky and the user may lose all of the funds used for transactions related to $VDR or linked to $VDR in any other manner. The Company does not endorse or recommend $VDR. You are requested to conduct your own due-diligence before using any funds on the Website and/or dealing in $VDR. 11. Activities in the Website and the Platform may be risky and the user may lose all of the funds used in the Website and/or the Platform. The Company does not endorse or recommend the Website or the Platform. You are requested to conduct your own due diligence before using any funds on the Website or the Platform. 12. Users must contact qualified financial advisors and legal professionals before undertaking any investments, and any investments made by you in any products or services available through the Website are made exclusively at your own risk. We do not accept any liability whether direct or indirect including but limited to any financial losses linked to such investments. 13. You are entirely responsible for the safety and management of your own private Ethereum wallets and validating all transactions and contracts generated by this Website before approval. Furthermore, as the smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions. Linking your cryptocurrency wallets to the Website or any address whether provided by the Company or otherwise, is risky and shall be based at your own sole risk and responsibility. Linking your cryptocurrency wallets to the Website or any address provided by the Company would be considered as an acceptance of these T&C 14. The Website and $VDR should not be used for any activity which is considered illegal under the laws of the United States, United Kingdom, or your country of residence. 15. The Website and $VDR should not be used in any manner whether directly or indirectly for violation of the United States, the United Nations, or European Union sanctions. If you are found to be in violation of this policy, you may be prosecuted under the laws of any country whose laws have been violated and you will also be required to indemnify the Company, and all our Affiliates and Partners and all third parties who have been affected by your actions. 16. In addition to understanding the risks mentioned in Clause 7 above, by using or accessing the Website, you declare that: i. you are over the age of 18 (eighteen) years; ii. you have a sufficient degree of knowledge and experience in the use of the products and services on the Website, and cryptocurrencies; iii. you have read and agree with this T&C and the ‘Risk Disclosures’ included therein and fully understand the implications of all the provisions of the given documents; iv. you understand that you may lose all the assets that you purchased through the Website; v. the value of any assets generated by the products and services sold through the Website or linked to the Website may vary or be diminished completely due to day to fluctuations of their value or any other event which affects them; vi. you may be liable for additional payments to the Company or other Users or third parties for your activities on the Website; vii. you have consulted a qualified attorney and/or other professional to clarify any doubts over the T&C and the risks and consequences associated with the Website, and/or with products and services purchased through the Website; viii. You will not transfer $VDR, or assist in the transfer of $VDR, to any person who is a resident or citizen of a Restricted Country, or to a legal person linked to any Restricted Country. 17. This T&C may be available in multiple languages but in case of any discrepancy, only the English version will hold good. 18. Continued use of $VDR and/or the Website signifies consent with the T&C in its entirety. If you disagree with any of the provisions of the T&C, you should immediately stop using it. 19. Users may provide consent for using Website and dealing with $VDR, by any method including by signing a document or clicking on any required buttons or through transmission of an email or by use of any other authentication options provided by the Website, or through any other mode that is required under law. Data Collection, KYC and Anti-Fraud and AML measures 20. You may be required to provide some or all of the following documents when making purchases of $VDR, or products and services on the Website, for verifying your identity and other personal information as a part of Know Your Client (KYC), Anti-money Laundering (AML), and Anti- Fraud measures, if required under the law. The documents which you may be required to submit include: (a) Passport or Domestic Citizenship Identification Document or equivalent (for natural persons) and Incorporation Documents for Legal Persons (b) Tax Identification or Registration Number (in certain cases document conveying such registration) (c) Information of the source of the funds being transferred for purchase of $VDR or for use on the Website (d) Proof of Address in the form of Government Issued Documents for the purchased on the Website (e) Documents conveying the source of funds for purchases through the Website or for purchase of $VDR (f) Any other document sought by law enforcement agencies. 21. We may collect Anonymous Information and Personal Information including personally identifiable information for any User who accesses or uses the Website, for promotional purposes and also to prevent any fraud or illegal activity. The documents collected and your personal information may be shared with law enforcement agencies. 22. The Users undertake to ensure and declare that: (a) No funds used in transactions on the Website and/or for dealing in $VDR are related to any illegal activity or are proceeds from any criminal activity in any country across the world (b) $VDR and/or the Website will not be used in any manner for money laundering or in violation of any laws. About $VDR 23. $VDR is a ERC-20 Token based on the Ethereum Blockchain. Detailed provisions about $VDR and how it may be utilized is available on the page https://vodra.io/docs and Users are requested to read and understand them clearly before undertaking any transactions. 24. You represent and warrant that you understand the cryptocurrencies and $VDR market, along with associated risks, expenses, and fees. To initiate certain transactions on the Website, a User must voluntarily invoke one or more smart contract operations from an Ethereum Wallet. All such transactions on the Website, including sale or purchases of $VDR are initiated though one or more smart contracts at the sole discretion and at the complete risk of the Users. The smart contracts are configured to facilitate the execution of a sale or transfer of an $VDR. The User acknowledges the risk of smart contracts and agrees to be bound by the outcome of any smart contract operation by invoking, calling, requesting, or otherwise engaging with the smart contract, whether or not the smart contract behaves as per the User’s expectations. Usage of the Website 25. Use and access of the Website are provided at our sole discretion and we have the right to terminate or regulate in any manner the right to access and use the Website for any user at any time without prior notice. In exceptional situations and/or on instructions by competent judicial or law enforcement authorities of any jurisdiction, the regulation of the rights may extend to withholding delivery or access to $VDR, and any products or services purchased on the Website. The word ‘Funds’ in this document means any cryptocurrency and fiat currency assets. 26. The transactions which take place in external platforms are in no way related to the Website. $VDR/the Website are not marketed as a vehicle for any financial trading or investment and should not be used for these purposes in any manner. $VDR are not a vehicle for investment, or a security and must not be used for the purpose of investment. 27. The Website is in no way linked to any promotion or sale of securities or financial instruments. The information provided in the Website is not an invitation to invest in shares or other securities, or any other products or services, or otherwise deal in these or enter into a contract with the Company. The information provided on the Website or any promotional material of $VDR/Website should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such decisions. Special Conditions for transactions made on the Website 28. Any transaction made by you is not modifiable during the process or after the conclusion. 29. Users are required to pay all necessary taxes according to the laws applicable to them for any transactions undertaken by them on the Website. The Company and/or the Website are not responsible for the collection of any taxes to the maximum extent possible under the law. In any exceptional circumstances when the Company is required to deduct taxes or charges under the laws of any country, the Company will seek requisite information from the Users to fulfil such obligation. 30. All transactions that are conducted on the Website at the sole will, risk, and instructions of the User initiating the transaction. The Company/Website have no obligation to compensate or indemnify any User for any losses or presumed loss of profits due to failure or error in any transactions. 31. You may decide to stop using the Website/ dealing in $VDR. Prior to stopping your usage, you may be required to complete all KYC and AML formalities including submission of Personal Information and Documents and also must have complete any pending transactions in the Website. General Terms of Usage 32. All transactions and contracts which may be conducted on the Website, Use of $VDR/Website and the T&C itself will be governed by the laws of Costa Rica only. 33. All disputes regarding transactions which may be conducted on the Website, Use of the Website, and the T&C will be resolved exclusively by Courts in Costa Rica only. Users waive all rights for dispute resolution in any other jurisdiction. Users waive their right for any form of group or class proceedings of any type and in any forum. 34. Any non-compliance with the provisions of the T&C may mean blocking access to the Website, $VDR and/or products or services purchased on the Website, for the user without any obligation to provide any refunds or compensation. 35. Any transactions on the Website, or any transactions linked to $VDR are commercial transactions and Users expressly declare that they are not consumers and cannot have access to any special rights available to consumers. 36. The Website is only merely an interface which is redirecting the Users for information about $VDR and the actual purchase is being made from an external party and a smart contract. The Company and the Website do not claim any control over the smart contract or the Ethereum blockchain where it is based and do not accept any risks arising from any transactions by the User on the blockchain 37. Use of another person or software bot or a minor is not permitted at any cost for any transaction and you would be liable for all liabilities arising from these transactions and acts or omissions of the person who acted on behalf of you. 38. As a User of $VDR and the Website, You understand and agree to the following: (a) We and Our Partners and Affiliates have exclusive rights including but not limited to intellectual property rights, ownership, and moral rights over all components of the Website including but not limited to the Website. (b) The Website/$VDR may contain protected intellectual property that belongs to us and/or our partners and affiliates and you have no claim to the same. (c) The Website/$VDR may contain licensed protected intellectual property that belongs to a third party and is being used by us and/or our partners and affiliates under a license or similar permission and Users have no claim to the same. (d) Although we attempt to provide the highest degree of security and adhere to the latest cybersecurity guidelines, We cannot guarantee that the Website will be malware or Virus- free. We request the User(s) to ensure that they ensure that the check the Website using their own antivirus or antimalware software before using it. We also request Our Users to install and maintain the latest version of the operating system and security software and scan Our Website when accessing it. We will not accept any claims for any losses of any nature from the presence of any malware or virus on the Website and will not indemnify any Users for the same. (e) We retain the exclusive ownership and all other applicable rights including intellectual property rights over any content which may be generated by any User through his use of the Website. Even if the User may have inherent claims over such content in some jurisdiction, through use of the Website, the User has agreed to transfer all such rights without any additional compensation to Us. (f) We retain the exclusive right to terminate any license and block any User from using or accessing $VDR/ the Website, at any time without providing any reason for the same. Users have no right to claim unhindered use of the Website. (g) We may discontinue the services of any of our products or services, $VDR and/or the Website at any time, at Our sole discretion, and Users have no claim to any compensation. (h) The T&C and any other related documents issued by Us may be changed at any moment without prior intimation to any User. The User would be provided with an opportunity to accept or decline the changes once they have been made access may be frozen, suspended, or cancelled if a User does not provide his consent to the modified T&C or any other related documents issued by Us (i) In case you click on an advertisement or other link provided on the Website, you may be directed to any external websites. We do not guarantee the safety or authenticity of any of these websites, and We do not control them in any manner. Users are requested to take all necessary precautions while accessing them or sharing any information with them. (j) You should not be involved in any transaction linked to $VDR/the Website which you do not understand completely. (k) We do not provide any warranty regarding the suitability of any part or the whole of Website, the products and services sold through the Website, and equipment used by Us including computer systems, technology, hardware, networks, software for a particular purpose and will not indemnify or compensate any User for any losses arising from the use of the Website, or any products and services sold or distributed through the Website. (l) Any information provided by Us on the Website, any blogs maintained by Us, or newsletters and emails sent by Us is not intended to be financial or investment advice and We do not accept the responsibility for the accuracy or the correctness of the information. We also do not accept any liability for any transactions conducted based on such information. (m) Hackers or other malicious groups or organizations may attempt to interfere with $VDR/the Website and/or our products and services, in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, phishing attacks, smurfing, and spoofing (‘Hacking Attack(s)’). Although We make reasonable efforts to secure Our Users against such incidents, We cannot guarantee that Our Users will be protected. We will not accept any claims from any damages or losses arising from Hacking Attacks and will not indemnify Users for losses. (n) You may be liable under the law in multiple jurisdictions for any illegal activities conducted on the Website, or through a misuse of $VDR/ or Our other products and services sold through the Website, and you will be solely responsible for all consequences of the same. We reserve the right to inform law enforcement agencies and regulatory authorities about any violation of laws and reserve Our right to proceed in terms of law to penalize such offenders and/or to protect Our interests 39. We are not liable directly or indirectly whatsoever for any losses to you due to any of the following: (a) Any losses attributable to any delays, losses, errors, or omissions resulting from the failure or mismanagement of the products and services sold through the Website, the Website, or any computer equipment or software. (b) Any loss or damage to data or records maintained by Us or on any cryptocurrency blockchain (c) Losses caused by Government or regulatory action of any country 40. As a User of $VDR/the Website, and/or products or services sold through the Website, you declare that you will not: (a) Violate any intellectual property rights of any party including Us, Our Partners and Affiliates, Our advertisers, and any other User. (b) Indulge in activities that are prohibited by law in the jurisdictions which govern you and/or where we operate. (c) Indulge in any illegal activities prohibited by applicable national or international laws. (d) Undertake any scraping, mining, denial of service attack, distributed denial of service attack, hacking, or other illegal activities on or through the Website, and/or products or services sold through the Website (e) Use the Website, and/or products or services sold through the Website, at any time to illegally spread any software or code. (f) Modify the computer hardware or software that you use with the Website, and/or products or services sold through the Website, to transmit misleading or false information about your location, age, or any other information that it seeks. (g) Disclose any bugs or security issues in any of the Website, and/or products or services sold through the Website, without disclosing it to Us and providing Us with a 30 (Thirty) day written notice that you intend to disclose it to any other party. The bugs or security issues discovered in the Website, and/or products or services sold through the Website, can at no time be used for any illegal purpose or for gaining an unfair advantage in the Website. (h) Upload, propagate or distribute any sensitive, potentially racial, criminal, pornographic, or illegal content including information protected by intellectual property laws anywhere in the world. (i) Disseminate, modify, reassemble, reverse-engineer, or Use the Website, and/or products sold through the Website, in any manner which may be considered beyond the normal use of the Website and/or the products. (j) Use the Website and any linked platforms such as blogs or support forums for transmission of any illegal, false, frivolous, defamatory, or fake information. We retain the sole right to delete any information from the Website and any linked platforms such as blogs or support forums uploaded by any party at Our sole discretion. (k) Use $VDR/the Website, and/or products or services sold through the Website, to secure any immoral or illegal gains. (l) Use the Website, any linked platforms, and/or products or services sold through the Website, to harass, harm, or perform illegal activities against other Users, Us, or any other third parties. 41. We reserve the right to suspend the functioning of any or all of the Website, and/or products or services sold through the Website, for an indefinite period of time without prior notice in case of the following events: (a) When We believe that the Website, and/or products or services sold through the Website, may not be operated without harm to the interests of the User and/or the Company due to regulatory, economic, military, political or any other circumstances outside Our control which We determine may, or already has severely affected Our functioning and/or the functioning of the Website. (b) When We in Our opinion are unable to ensure safety and proper functioning of the Website, and/or products or services sold through the Website. Disclaimer and Indemnity 42. Through acceptance of the T&C, you accept to hold us and Our Partners and Affiliates harmless for any physical, mental or financial harm which may be caused by your Use of $VDR/the Website, and/or products or services sold through the Website. 43. Although, We try to maintain the highest degree of functionality for $VDR, the Website, and/or products or services sold through the Website, there may be scheduled or unscheduled interruptions in service for reasons beyond Our control. We will try to inform you at the earliest about such possible disruptions but may fail under certain circumstances. We do not undertake to honor any claims for losses arising from such disruptions. 44. Although we have tried to build a stable Website, it may not perform as expected under certain circumstances. We request you to inform Us immediately about any such situations and stop using the Website, and/or products or services sold through the Website, immediately till we resolve the problem. We will not be liable to compensate you or any third party for any claims arising from the non-performance or failure of the Website, and/or products or services sold through the Website. 45. Disclaimer of Warranties: YOUR USE OF $VDR/, THE WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, AND WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT. 46. LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR RUNNING $VDR/ THE WEBSITE WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. 47. You hereby release and forever discharge the Company, their members, managers, subsidiaries, affiliates, licensors, partners in promotions or other business, or any of such parties respective agents, employees, officers, directors, managers, members, vendors, third party licensors, corporate partners, participants successors and assigns (collectively the “Company Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Users of the Website or any third party links, advertisements or other content). 48. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE OR ANY HYPERLINK OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR THEIR AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER COMPANY NOR THEIR AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND THEIR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY PARTIES RELATED TO IT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). 49. Through Use of the Website, and/or products or services sold through the Website, you agree to hold harmless, defend and indemnify us and all our subsidiaries, affiliates, partners, employees, advertisers, suppliers, and all other related parties from and against any third party claim arising from or in any way related to the breach of the T&C, and local or international applicable laws, rules or regulations, in connection with your use or access of the Website, and/or products or services sold through the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. 50. Certain transactions on the Website, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Website utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that $VDR may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or $VDR, or lost opportunities to buy or sell $VDR. We assume no liability or responsibility for any such smart contract or related failures, risks, or uncertainties. Clarifications 51. We reserve the right to delete any content which we consider undesirable from our Website, Social Media pages, and other forums. We also reserve the right to block any users from our email inboxes, Website, Social Media pages, and all other forums for posting content, which we consider undesirable or at our sole discretion without assigning any reason. Other terms 52. All Communication shall be made with us and will be made by us in English only. 53. The T&C will not be interpreted against one Party merely as it was drafted by the party. Please obtain independent legal and financial advice before accepting the terms of this T&C. 54. All trademarks, tradenames and other intellectual property used in the Website and/or any other promotional material belong to the respective owners and no rights are claimed over the same. Further, no association is implied with the owners of the trademarks, tradenames or intellectual property used. 55. Force Majeure: The Company/Website shall not be held responsible for any delay or failure in performance arising out of causes beyond its control, or without its fault or negligence. Such causes may include but are not limited to, fires, terrorist acts, strikes, embargoes, diseases, epidemics, pandemics, shortages or supplies of raw materials, or components or finished goods, acts of God, or national disasters. 56. By using the Website, the User accepts that he/she has read and accepted this entire document and is legally competent to provide consent under laws of all jurisdictions which cover his use of $VDR and/or the Website.
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