TERMS OF SERVICE
Please read these terms carefully and retain a copy for your reference. Please also note that specific terms or conditions may apply to you as a user in a given jurisdiction, as detailed below.
For further information about how we collect, use, share and otherwise process information about you, please refer to our Privacy Policy, available at the link below.
AGREEMENT TO TERMS
This End User License Agreement and Terms of Service (EULA or Terms) constitutes a binding contract between you, an individual user or site visitor, whether personally or on behalf of an entity (referred to herein as “user,” “you,” or “your”), and the WEM Company and/or Foundation (referred to herein as the “Entity”). This document concerns the use of the Entity services, including the www.worldecomoney.com website and any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the “Site”). The Entity currently maintains and operates www.wemblockchain.com as a portal for news, information, and updates about the WEMNIT protocol or blockchain (the “WEM Network”) and the WEM ecosystem. For the avoidance of doubt, it should be noted that the Entity does not control the WEM Network and is unable to control activity and data on the WEM Network, the activities of persons who develop and use applications on the Network, the validation of transactions on the WEM Network, or the use of the WEM Network. WEMNIT is an open-source protocol that is maintained and processed by WEM Network validators across the globe.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE END-USER LICENSE AGREEMENT (EULA). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE EULA, PLEASE DO NOT USE THE SERVICE OR SITE.
Additional terms and conditions or documents may be posted on this Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to this EULA at any time and for any reason. We will inform you of any changes by updating the “Last updated” date of the EULA. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review the EULA to stay informed of updates. By continuing to use the Service after the date the revised EULA is posted, you will be deemed to have been made aware of and to have accepted the changes.
The information provided on this Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so at their own risk and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
The Service is intended for users who are at least 18 years old. By using the Site and the Service, you certify that you are at least 18 years of age, or accessing the Service under the supervision of a parent or guardian, and that you are legally able to enter into a contract. As a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Service. If you use the Service on behalf of another person or entity, be aware that:
(a) all references to “you” throughout the EULA will include that person or entity;
(b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf; and
(c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
PLEASE BE ADVISED THAT THE “DISPUTE RESOLUTION” SECTION OF THIS EULA CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS THE MANNER IN WHICH DISPUTES BETWEEN YOU AND THE Entity ARE RESOLVED. BY ACCEPTING THIS EULA, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE TAKE THE TIME TO READ IT CAREFULLY.
SCOPE OF LICENSE TO USERS
The Service is licensed, not sold, to you for use only under the terms of the EULA, subject to your complete and ongoing compliance with the terms and conditions of the EULA. The Entity hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own use.
You may not modify, alter, reproduce, or distribute the Service. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. Any breach of these license restrictions, or other use of the Service that exceeds the scope of the licenses granted in the EULA, may result in prosecution, damages, and liability for infringement of intellectual property rights, as well as denial of access to the Service.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS EULA, WE RESERVE THE RIGHT TO DENY ACCESS TO THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) AT ANY TIME FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS EULA OR OF ANY APPLICABLE LAW OR REGULATION. WE ALSO RESERVE THE RIGHT TO TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AT ANY TIME, IN OUR SOLE DISCRETION.
In the event that we terminate or suspend your access to the Site for any reason, you are prohibited from attempting to access the Site under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Furthermore, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive redress.
PROHIBITED ACTIVITIES
You may not use the Service for any purpose other than that for which it is available. You may not use the Service in connection with any commercial endeavor, except in instances that we have explicitly endorsed or approved. As a user of this Service, you agree not to:
Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Unauthorized use of the Service includes collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein, must not be circumvented, disabled, or otherwise interfered with.
Unauthorized framing of or linking to the Site is prohibited.
Tricking, defrauding, or misleading us and other users, especially in any attempt to learn sensitive account information such as user passwords, is prohibited.
Improper use of our support services or submission of false reports of abuse or misconduct is prohibited.
Automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, is prohibited.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person.
Use any information obtained from this site may be used for the purpose of harassing, abusing or harming another individual.
Use the Service in any way that competes with our business or that generates revenue or profits for any commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Harass, annoy, intimidate, or threaten our employees or agents engaged in providing you with any portion of the Service.
Attempt to circumvent any security measures in place on the Site, including those designed to prevent or restrict access to the Site or any portion thereof.
Delete the copyright or other proprietary rights notice from any content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload, transmit, or attempt to upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use or enjoyment of the service, including excessive use of capital letters and spamming (continuous posting of repetitive text). Modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the service.
Attempt to upload or transmit any materials that act as passive or active information collection or transmission mechanisms. This includes, but is not limited to, web bugs, cookies, or other similar devices. These devices may also be referred to as “spyware” or “passive collection mechanisms”, etc.
Use, launch, development, or distribution of any automated system, including, but not limited to, spiders, robots, cheat utilities, scrapers, or offline readers that access the Site, or the use or launching of any unauthorized script or other software, is prohibited, except as may be the result of standard search engine or Internet browser usage.
Disparage, tarnish, distribute hate speech or explicit content, or otherwise harm us, the Service, and/or other users of the Service in our opinion.
Copy, reproduce, distribute, publicly perform, or publicly display any portion of our Service without our express permission.
Modify our Service, remove any proprietary rights notices or markings, or otherwise create derivative works based upon our Service.
Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of the Entity or any third party.
Use the Service in a manner that is inconsistent with any applicable laws or regulations.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) Monitor the Site for violations of this EULA.
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or this EULA, including without limitation, reporting such user to law enforcement authorities.
(3) Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, in our sole discretion and without limitation, notice, or liability.
(4) Manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TRADEMARKS
The “WEM” and our logos, product or service names, slogans, and the look and feel of the Service are trademarks of the Entity and may not be copied, imitated, or used, in whole or in part, without our prior written permission, which may be obtained by emailing [email protected] All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Service are the property of their respective owners. Any reference to products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
DISPUTE RESOLUTION
Please carefully review the following section as it outlines the Entity’s arbitration process and limits the avenues for seeking relief from us, unless you opt out of arbitration by following the instructions set forth below. This arbitration provision does not allow for class or representative actions or arbitration’s. Furthermore, arbitration precludes you from suing in court or having a jury trial*
(a) No Representative Actions. You and the Entity agree that any dispute arising out of or related to this EULA or the Service is personal to you and the Entity. As such, any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
(b) Arbitration of Disputes. You and the Entity agree to waive your rights to a jury trial and to have any other dispute arising out of or related to this EULA and the Service, including claims related to privacy and data security, resolved through arbitration. Instead, for any dispute that you have against the Entity, you agree to first contact the Entity and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the Entity by email at [email protected] or by certified mail addressed to: WEMLAB; Parda tn 8, Kesklinna linnaosa, 10151 Tallinn, Estonia.
The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and the Entity cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Tallinn, Estonia. You and the Entity agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and the Entity agree that these Terms involve interstate commerce and that, to the maximum extent permitted by applicable law, the substantive and procedural provisions of this paragraph shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”). Except as limited by the FAA, these Terms and the JAMS Rules, the arbitrator shall have exclusive authority to make all procedural and substantive decisions and to grant all relief that would otherwise be available in a court of law, including the authority to determine the issue of arbitrability. The arbitrator may only conduct an individual arbitration and may not consolidate the claims of more than one individual, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
(d) The arbitration will permit the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Entity and you will maintain the confidentiality of all arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to ensure confidentiality, except as otherwise provided by law. The duty of confidentiality shall not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for preliminary relief, or in connection with a court challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or court order.
(e) You and the Entity agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of [150EUR] if you are a consumer) and the Entity will pay the remaining JAMS fees and costs. For any arbitration initiated by the Entity, the Entity will pay all JAMS fees and costs. You and the Entity agree that the city of Tallinn, Estonia shall have exclusive jurisdiction over any appeal and over the enforcement of any arbitration award.
(f) Any dispute must be filed within one year after the claim arose or the dispute will be permanently barred, which means that neither you nor the Entity will have the right to pursue the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first agreed to the terms of this Section by sending an opt-out notice to the Entity at WEMLAB; Parda tn 8, Kesklinna linnaosa, 10151 Tallinn, Estonia. To be effective, the opt-out notice must include your full name and address and clearly state your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve disputes in accordance with the governing law and venue provisions of this EULA.
(h) If any part of this section is found to be unenforceable or unlawful for any reason,
(a) the unenforceable or unlawful provision shall be severed from these Terms;
(b) severance of the unenforceable or illegal provision shall not affect the remainder of this Section or the ability of the parties to compel arbitration of any remaining claims on an individual basis pursuant to this Section;
(c) to the extent any claims must therefore be litigated on a class, collective, consolidated or representative basis, such claims shall be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of such claims shall be stayed pending the outcome of any individual arbitration.
In addition, if any part of this section is found to prohibit an individual claim for injunctive relief, that provision shall be ineffective to the extent that such relief may be sought in arbitration, and the remainder of this section shall be enforceable.
GOVERNING LAW AND VENUE
Any dispute arising out of these Terms and your use of the Service shall be governed by, construed and enforced in accordance with the laws of Estonia. Any dispute between the parties not subject to arbitration shall be resolved in Tallinn, Estonia.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time without notice. The Company does not warrant that the Content will be uninterrupted or error-free or free of computer viruses, contamination or other harmful items.
DISCLAIMER
THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE SERVICE; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICE; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE; ANY ACTIVITY OR COMMUNICATION OF ANY THIRD PARTY; OR ANY DATA OR MATERIAL OF ANY THIRD PARTY ACCESSED ON OR THROUGH THE SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUG, VIRUS, TROJAN HORSE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Entity may link to products and services offered by third parties through the Service. These third-party products and services are not offered by the Company, and the Company is not responsible for any damages or losses that you may incur as a result of your use or purchase of these products and services.
You hereby waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which states in pertinent part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time the release is executed and which, if known by him, would have materially affected his settlement with the debtor. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
INDEMNIFICATION
You hereby agree to defend, indemnify and hold the Entity harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) your breach of this EULA; (3) any breach of your representations and warranties set forth in this EULA; (4) your violation of any third party’s rights, including, but not limited to, intellectual property rights; (5) any overtly harmful act against another user of the Service with whom you have connected through the Service; or (6) any violation of or failure to comply with any applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claim at your expense. We will use reasonable efforts to notify you of any such claim, action or proceeding subject to indemnification as soon as we become aware of it.
MODIFYING AND TERMINATING OUR SERVICE
We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time. You also have the right to stop using the Service at any time. We are not responsible for any loss or damage related to your inability to access or use our Service.
USER DATA
We maintain certain information that you submit to the Site for the purpose of managing the performance of the Site, as well as information relating to your use of the Site. Although we perform routine backups of data on a regular basis, you are solely responsible for all data that you transmit or that relates to your activities on the Site. You agree that we shall have no liability to you for the loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You agree and consent to receive disclosures and communications from us regarding our Services (“Communications”), including but not limited to
Terms of Service, and amendments thereto;
Privacy Policies and Notices, and amendments thereto;
Customer agreements and receipts;
Legal and regulatory notices and communications; and
Customer service communications.
We may provide communications to you by email or by making them available on the Site or by email (including through “hyperlinks” provided online and in emails). We may always, in our sole discretion, provide you with a paper copy of any communication.
Visiting the Site, sending us email, and completing online forms constitute communications. You consent to receive Communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Site satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under any statute, rule, regulation, ordinance or other law of any jurisdiction that requires an original signature or the delivery or retention of any non-electronic record or that requires payment or extension of credit by any means other than electronic means.
Withdrawal of Consent
You may withdraw your consent to receive communications under this EULA by contacting us at [email protected] We will process your request to withdraw your consent to receive electronic communications within a reasonable time. After we have processed your request, your access to and use of the Service will be terminated.
Requesting Paper Copies
You may request that we send you a paper copy of any electronic communication by contacting us at [email protected] We may charge a fee for processing and mailing your request. We will send you a copy of the communication within a reasonable time.
Termination and Changes
We reserve the right, in our sole discretion, to discontinue providing your Communications or to terminate or change the terms and conditions under which we provide Communications. We will provide you with notice of any such termination or change as required by law.
MISCELLANEOUS
The terms of this agreement, including any guidelines or operating rules posted by us on the website or with respect to the service, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision. This agreement is enforceable to the fullest extent permitted by law. We may assign any or all of our rights and obligations under this agreement at any time. We will not be held responsible or liable for any loss, damage, delay, or failure to act that is caused by any cause beyond our reasonable control. In the event that any provision or portion of a provision of the EULA is deemed to be unlawful, void, or unenforceable, that provision or portion of a provision shall be deemed severable from the EULA and shall not affect the validity and enforceability of any remaining provisions. The EULA does not create a joint venture, partnership, employment, or agency relationship between the user and the entity providing the service. The user agrees that the EULA shall not be construed against the entity providing the service due to the entity’s role in drafting the agreement. Furthermore, the user waives any defenses based on the electronic form of the EULA and the lack of signatures of the parties to the agreement.
CONTACT US
To resolve a complaint about the Site or for more information about using the Service, please contact us at [email protected]