Last revised: 8.06.2023
1. INTRODUCTION
1.1 This Site (as defined below) is provided by Neon Protocol Ltd (“Neon”, “we”, “our”), a legal entity established and existed in accordance with the laws of British Virgin Islands.
1.2 These Terms of Use (“Terms”) governs your access and use of the website available at http://neonevm.org/, including its subsites: docs and forum (“Site”), which includes text, images, audio, code and other materials (“Content”). The Site, and any other features, tools, materials, or other services offered from time to time by Neon through the Site may be referred here as the “Services”.
1.3 If you are acting on behalf of body corporate or other organization (“Entity”), you hereby acknowledge that you are entitled to act on its behalf and enter into a binding agreement with us (in such case, the term “you” shall mean the relevant Entity, except as used in this paragraph 1.3 of these Terms).
1.4 Along with these Terms your access and/or use of the Services may be governed by specific terms and conditions (collectively “Terms and Conditions”), including Privacy Policy and Cookie Policy. These Terms do not supersede the Terms and Conditions, but must be read and interpreted in conjunction with them.
1.5 By accessing and/or using the Services you acknowledge that you read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you should leave this Site and cease any use of our Services immediately. These Terms are legally binding agreement between Neon and you, so please read them carefully.
1.6 You may print these Terms by using the “Print” option on your browser in any number of copies you need. Any questions or complaints may be directed to the following e-mail: [email protected].
2. ELIGIBILITY
2.1 By accessing and/or using the Services you represent to us that:
2.2 Prohibited Persons. Our Services are not allowed to the following persons: (i) individuals and Entities included in the United Nations Consolidated List (available at https://www.un.org/securitycouncil/content/un-sc-consolidated-list), (ii) individuals with a citizenship of the Excluded Territory or its residents (including Entities), (iii) citizens or residents (including Entities) of a geographic area in which jurisdiction the Services are illegal or requires government- issued license or permit of any kind (“Prohibited Persons”).
2.3 Excluded Territories. You are not allowed to use and/or access the Services from Iran, Iraq, Democratic People’s Republic of Korea (North Korea), Somalia, Sudan, Syria or any other country or territory subject to sanctions of the UK and/or British Virgin Islands (collectively “Excluded Territories”).
2.4 Minors. Our Services are not directed to nor intended for the minors. Any individual accessing and/or using the Services must be at least 18 years old (or other age of capacity as required by local law).
3. SERVICES
3.1 Services Description. The purpose of the Site is to provide information about NEON EVM for the general public.
3.2 Modification. We reserve the right to change the Services, including but not limited to introducing of new functionality and revising or restricting currently existing (in whole or in part), adding or removing features from the public access.
3.3 No Support or Maintenance. Hereby you expressly acknowledge and agree that provision of any technical support for the Services is our right and not our obligation. While we will use our best efforts to develop the Services, we do not assume the obligation to maintain its accessibility and/or functionality.
4. TERM AND TERMINATION
4.1 Term. Subject to this Section, these Terms will remain in full force and effect while you use the Services, which we made available to you. We may terminate or suspend the Services at any time with or without notice as follows:
4.2 Termination of Services. You agree that we may terminate the Services for any reason at our sole discretion, including but not limited due to your violation of these Terms. You understand and agree that under no circumstances will we be liable for your damages or other losses, caused by the suspension and/or termination of the Services.
4.3 Survival. The following provisions will survive any termination of these Terms: LICENSE TO SUBMITTED CONTENT, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION AND RELEASE, ASSIGNMENT, NO THIRD-PARTY BENEFICIARIES.
5. MODIFICATION OF TERMS
5.1 Changes. Neon reserves the right, at its sole discretion, to modify or replace any part of these Terms by a revised version (“New Terms”) at any time and for any reason. In the event of material changes to these Terms, we will make efforts to notify you about introduction of New Terms through a notice placed on the Site and/or by other means (e.g. by sending you an e-mail).
5.2 Effect of the New Terms. The New Terms will take effect immediately after its publication, unless otherwise is stated in the New Terms. You are expected to check the Site for any update in the Terms from time to time so you are aware of any changes, as they are binding on you.
5.3 Acceptance. If you use this Site or any other Service available to you after the New Terms have been effected, you acknowledge that you agree to be bound by the New Terms.
6. USER ACCOUNT
6.1 Account Registration. You may be asked to register user account (“User Account”) to use the forum and/or other Services. You hereby acknowledge and agree that you will:
6.2 Account Security. You agree that the transmission and/or storage of data in information systems connected to the Internet cannot be completely secure, so you will take all reasonable steps to protect your User Account and keep your password in secrecy.
6.3 One User – One Account. You understand and agree that any action taken from your User Account will be associated with you regardless of whether you logged into the User Account or not. Unless otherwise permitted by us, each individual and/or Entity must have only one registered Use Account for their own use. You may not buy, sell, rent, lease, or otherwise transfer any User Account.
6.4 Account Deletion (Suspension). At any time, at our sole discretion we may suspend your access to the User Account or terminate it with or without notice for any reason, including but not limited to suspected violation of these Terms, security and safety interests, legal or ethical compliance.
7. USER CONDUCT
7.1 Obligations of User. User is obligated:
7.2 Prohibited Use. You also agree not to engage in, or attempt to engage in, any of the following categories of prohibited activities in relation to your access and/or use of Services:
8. INTELLECTUAL PROPERTY AND OWNERSHIP
8.1 Proprietary Rights. You agree that, unless otherwise expressly stated, that all titles, ownership and intellectual property rights in and to the Services (including Content) are owned by Neon or by the respective third party. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, attempt to alter, disassemble, decrypt or reverse engineer the Services and/or create derivative works based on them.
8.2 Limited License. Subject to your compliance with these Terms you are granted with license (“License”) to access and/or use the Services. The License we grant to you is:
8.3 Third Parties’ Intellectual Property. Any third parties' copyrights, trademarks and other intellectual property, which we made available through the Services or in connection with them are the exclusive property of their respective owners. You may not use any intellectual property of third party without license, permit or another lawful ground, even we made visible/available such intellectual property through our Services.
8.4 Submitted Content. We may allow you to display, distribute, upload, transmit or otherwise make available a certain content and materials, including but not limited to the text, photos, computer code, sounds and music files, that you want to share with us and/or with our users through the Services (“Submissions” or “Submitted Content”).
8.4.1 License to Submitted Content. You hereby grant Neon with world-wide, royalty free, irrevocable, sublicensable and perpetual license to display, store, reproduce, make publicly available or otherwise use the Submitted Content (or any part of it) and create a derivative works based on your Submissions. You also agree to provide us with the rights we need to use your Submitted Content (or any part of it) without attribution (anonymously) and/or to adopt and modify it to ensure its compatibility with the Services.
8.4.2 Responsibility. If you use our Services to post any Submission, which includes any content and materials you did not create, you shall be responsible for obtaining any necessary permissions and/or similar legal basis to use such content and materials.
8.4.3 Removing of Submitted Content. We are not responsible for verifying legality of any Submissions. We reserve the right to remove any Submitted Content (or restrict access to) at any time and for any reason, including alleged copyright infringement.
8.5 Feedback. We appreciate feedback, comments, ideas, proposals and suggestions regarding the Services (“Feedback”). If you send us any Feedback, you agree that we are free to use your Feedback (and permit others to do it) without any restriction or compensation.
8.6 Complaints. If you believe that anything on the Services infringes your intellectual property rights, please provide us with DMCA report or similar notice containing the following information:
8.7 Open Source. Our Content (as well as any third-party Content) may be provided to you under a separate license, such as MIT, GPL or any other open-source license (“OSS License”). For clarity, these Terms should not be in conflict with any OSS License and will apply to the extent that they do not conflict with them. In the event of a conflict between these License and any separate license, the separate license will prevail with respect to Content, which is distributed on the terms of applicable OSS License.
9. THIRD-PARTY SERVICES
9.1 Links and References. Our Services may contain links or references to the third-party services, including websites, software, dApps and other content of any kind (“Third-Party Services”). In no event shall a description or reference to the Third-Party Service be construed as our endorsement or promotion of such Third-Party Service.
9.2 Their Own Terms. Please note that Third Party Services shall have their own terms of use and (or) privacy documents. Therefore, before using any Third-Party Services, you should ensure that their terms of use and any other documents meet your expectations.
9.3 No Warranties. We make no warranties of any kind, including but not limited to any warranty of availability, fitness for a particular purpose or legitimacy of any Third-Party Service, even if our own Services are compatible with them or intended for joint use. We hereby disclaim any and all implied warranties with respect to the Third-Party Services. 10. DISCLAIMER OF WARRANTIES You expressly understand and agree that your use of the Service is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of completeness, timeliness, accuracy, free of bugs or errors, merchantability, non-infringement and fitness for a particular purpose in respect of the Services.
11. LIMITATION OF LIABILITY
11.1 You agree that your use of the Services is your own risk. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither Neon or its affiliates will be liable for indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other legal theory (even if Neon had been advised of the possibility of such damages), resulting from your use or the inability to use the Services; statements or conduct of any third party on the Services; human errors; technical malfunctions; failures; any injury or damage to computer equipment; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Services.
11.2 If any part of these warranty disclaimers or limitations of liability in these Terms is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then Neon liability for all claims under such circumstances shall not exceed 100$ (one hundred U.S. dollars), or the amount you paid Neon directly, if any, in the past 3 month for the Services giving rise to the claim (whichever is higher).
11.3 Important notice: 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 may not apply to you.
12. INDEMNIFICATION AND RELEASE
12.1 Indemnity. You agree to defend, indemnify, and hold harmless the Neon and its officers, and directors from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (a) your use of the Services, (b) your Submitted Content, (c) your breach of applicable laws or third-party rights in connection with your use of the Services, (d) your access to and/or use of the User Account, (e) a consequence of any decision you made, based on the information available through the Services, or (f) your breach of affiliates, these Terms.
12.3 Release of Claims. You hereby release and forever discharge Neon, its officers, employees, agents and successors 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, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services. YOU HEREBY WAIVE ANY APPLICABLE PROVISION, WHICH STATES IN SUBSTANCE: “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.”
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms are governed by the British Virgin Islands laws.
13.2 Any dispute, controversy or claim arising out of or relating to these Terms and/or Services, or the breach, termination or invalidity thereof (“Dispute”), shall be settled by the competent court of British Virgin Islands, which shall have exclusive jurisdiction over a Dispute.
14. MISCELLANEOUS
14.1 Entire Agreement. These Terms constitutes the entire agreement of the parties hereto and supersedes any and all existing or prior agreements and communications, whether written or oral, relating to the subject matter hereof.
14.2 Assignment. We may transfer or assign all of our rights and obligations under these Terms (in whole or in part). You may not transfer or assign your rights and obligations under these Terms without our written consent.
14.3 Non-Waiver. Our failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof.
14.4 No Third-Party Beneficiaries. Nothing in these Terms not intended to and do not create rights in any person other than the parties hereto.
14.5 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
14.6 Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable, such holding shall apply only to such provision and this Terms shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties thereof.
14.7 Electronic communications. You agree to accept communications from us in an electronic format, and agree that all terms, conditions, agreements, notices, disclosures or other communications that we provide to you electronically will be considered to be “in writing”.