TERMS OF USE
This Terms of Use was last updated on [June 2018].
This eloncity.io website (“Website”) is owned and operated by AI Grid Foundation Limited, a public company limited by guarantee registered in the Republic of Singapore.
By accessing or using our Website or any applications and services provided by us (collectively, the “Service”), you agree to this Terms of Use and the incorporated Privacy Policy as well as all applicable laws and regulations. Your use of our Service is at all times subject to the Terms of Use. PLEASE READ THIS TERMS OF USE CAREFULLY.
We may change this Terms of Use in our sole discretion at any time by publishing an updated version here. Any changes to this Terms of Use will take effect and be binding on you from the time of posting the updated version. Therefore, it is your obligation to periodically visit our Website to review any changes that may be made. Your continued use of our Website constitutes your agreement to be bound by any changes to this Terms of Use. If you do not agree with this Terms of Use, you are not authorized to access or use our Website and you shall not accept our Service.
Your Right to Access and Use the Service
1. Access to and use of our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend our Service without notice. We will not be liable if for any reason our Service is unavailable at any time or for any period. You agree that we may cease providing the Service or change the Service at any time for any reason without notice to you and without liability of any kind. We also reserve the right to deny anyone access to the Service at any time for any reason with or without notice.
Your Obligations
2. You agree that you may access or use the Service only for lawful purposes and in accordance with Terms of Use and any instructions we give you about how to use our Service.
3. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring the security of the systems and devices that you use to access our Website, including through use of appropriate virus-checking and other security software.
Intellectual Property
4. The Website and its entire Contents, features and functionality (including but not limited to all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available), are owned by us and our licensors. Nothing on this Website may be copied, imitated or used, in whole or in part, without our or the applicable licensor’s prior written permission.
5. You may only access, use and print the information and material on this Website for non-commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices. You must not use any part of the materials on our Website for other commercial purposes without obtaining a license to do so from us and/or our licensors.
6. We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us immediately and our email address can be found at the end of this Terms of Use.
Linking to Our Website
7. You may establish a hyperlink to this Website from any website that is owned by you. Such linking is subject to these Terms and we have the right to withdraw your permission to link at any time.
Third Party Content (Including Links from Our Website)
8. We may display third-party content, advertisements, links, promotions, logos and other materials on our Website (collectively, the “Third-Party Content”), and we have not reviewed all of the content (including but not limited to the sites linked to this Website) and the Third-Party Content are for your convenience only. We are also not responsible for the Third-Party Content and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, and copyright compliance, of such content.
No Financial Services Activities or Advice
9. The information and any materials contained in this Website should not be considered as an offer or solicitation to buy or sell financial instruments, provide financial advice, create a trading platform, facilitate or take deposits or provide any other financial services of any kind in any jurisdiction.
10. The information contained on this Website is not intended to provide and should not be construed as advice and you should obtain appropriate professional advice when necessary.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
11. ALL SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AVAILABLE TO YOU ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES FROM TIME TO TIME, AND CONNECTED THIRD PARTIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES INCLUDING ANY WARRANTY THAT THE CONTENT DISPLAYED ON OR AVAILABLE FROM THE SERVICE IS ACCURATE, CURRENT, OR RELIABLE, AND THE SERVICE WILL NOT CAUSE ANY HARM TO YOUR DEVICE AND ALL OTHER TERMS IMPLIED BY STATUTE, COMMON LAW, OR EQUITY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES AND OUR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR THE RESULT OF USE OF ANY OF OUR SERVICE (INCLUDING BUT NOT LIMITED TO ANY KIND OF DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, VIRUS, ETC. TO YOUR DEVICE OR EQUIPMENT OR DATA) OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
12. THE LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF CLAUSE THIRTEEN OF THIS TERMS OF USE ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED SINGAPORE DOLLARS (SG$100).
13. THIS DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY CLAUSE WILL SURVIVE THE TERMINATION OF THESE TERMS AND OF YOUR USE OF THE SERVICE.
Privacy Policy
14. Please see our Privacy Policy on eloncity.io for our policy regarding the collection and use of your personal information. The latest version of the Privacy Policy is a part of this Terms of Use.
Waiver
15. No waiver in respect of these terms by us shall be effective or enforceable unless it is expressly stated to be a waiver and is communicated to you in writing. If we fail, at any time, to exercise any of the rights or remedies to which we are entitled under these terms of use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
Age Limitations
16. By accessing or using the Service, any individual user shall be at least 18 years old or the minimum age in the user’s jurisdiction to have the legal capacity to enter into contracts, whichever is older, and have the right, capacity, and authority to enter into a contract.
Indemnification
17. You agree to indemnify and hold we, our subsidiaries, and affiliates from time to time, and our respective members, directors, officers, agents, partners and employees harmless from any claim, loss, liability, cost, expense, debt, obligations, and demand, including without limitation, attorneys’ fees on a full indemnity basis, due or relating to or arising out of your use of our Service and/or arising from a breach of the Terms of Use and/or any breach of your representations and warranties set forth in the Terms of Use and/or arising from any content that you post, and/or your violation of any third party rights.
Severability
18. If any provision of these terms are found invalid, unlawful or unenforceable to any extent by any competent authority, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Communications
19. You agree that communications with us will be mainly electronic and you agree to accept notices from us by electronically, such as e-mails, or notices and messages on this Website or through our Applications (if any), and you can retain copies of these communications for your records.
Territorial Restrictions
20. You represent and warrant that you are not located in, or a national or resident of, a jurisdiction where distribution or use of the Service would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction.
21. We reserve the right, at any time and in our discretion, to limit the availability of the Service (or any part thereof) to any individual/entity or any jurisdiction.
GOVERNING LAW AND JURISDICTION
22. THIS TERMS OF USE AND THE PRIVACY POLICY ARE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF SINGAPORE. ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OF USE AND THE PRIVACY POLICY ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF SINGAPORE.
No Joint Proceedings
23. Any dispute regarding these Terms of Use or the Service is personal to you and we will not be brought as a representative action, class action, or any other type of representative proceeding. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective disputes on a consolidated or representative basis.
Contact Us
24. If you have any questions about this Terms of Use, please contact us at [Contact@eloncity.io].
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