The Empty Vault

Terms of Use

Updated: 01 August 2022

CONTENTS:

1.         INTRODUCTION

2.         DEFINITIONS

3.         ELECTRONIC COMMUNICATIONS

4.         THE APPLICATION

5.         USER ACCOUNT

6.         ACCESS TO OUR SERVICES

7.         INTELLECTUAL PROPERTY

8.         MOBILE DEVICES

9.         TOKENS

10        SECURITY

11.       THIRD PARTY WEBSITES OR RESOURCES

12.       TERMINATION

13.       WARRANTIES, LIABILITY AND DISCLAIMERS

14.       INDEMNITY

15.       GOVERNING LAW AND DISPUTE RESOLUTION

16.       GENERAL

 

 

1. INTRODUCTION

1.       These Terms of Use and all policies and additional terms and conditions posted on and in The Empty Vault Family of Applications and Websites (including our Privacy Policy at www.theemptyvault.com/privacypolicy) set out the terms on which we offer you access to and use of our Services. Please read our Privacy Policy to find out about how we collect, use and share your personal information.

2.       By using our Services including downloading, accessing and using The Empty Vault Family of Applications and Websites, you agree to these Terms of Use. You are not permitted to use our Services if you do not agree to these Terms of Use. You cannot access and use the Services on behalf of another natural or corporate person (e.g. a company).

3.       We may change these Terms of Use at any time. We will publish the most recent version of the Terms of Use on www.TheEmptyVault.com. You are responsible for ensuring that you are familiar with the latest Terms of Use. If you keep using our Services after any changes have been made, you will be deemed to have accepted the changes. If you don’t accept any changes, you must stop using our Services immediately and uninstall and delete any and all of the Applications and Websites.

4.       To the extent permitted by applicable law, any dispute between you and us is subject to a class action waiver and must be resolved by individual binding arbitration. Please these Terms of Use.

5.       We may change, suspend, discontinue access to any and all of The Empty Vault Family of Applications and Websites or the Services generally without notice or liability.

6.       Please note that:

a.       you are only able to redeem the Tokens if you live in an eligible country and otherwise meet all other requirements; and

b.       the price of an item can be volatile and subjective, and we cannot guarantee that any Item purchased will retain any value, which may depend on a number of inherently subjective factors beyond our control, including the desirability of a particular Item.

 

 

2. DEFINITIONS

1. In these Terms of Use:

Account - your registered account to use the Services and includes your transactions and any Items you purchase.

Application – the mobile games by which Users can collect Tokens for the purpose of redeeming Items.

Content - all content included in or made available through our Services by us, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and Software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, communications, interactive features, augmented reality, virtual reality, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through our Services, but excludes User Content.

Device - a desktop, a mobile device, a tablet or any other piece of mechanical or electronic equipment through which our Services are accessed.

Digital Property - digital images, collectibles or artworks based on or derived from The Empty Vault Family of Applications and Websites Licensor’s Intellectual Property Rights, authorized by the Licensor.

Force Majeure - an event that is beyond the reasonable control of a party, excluding an event to the extent that it could have been reasonably avoided by a party taking reasonable steps or reasonable care or a lack of funds for any reason.

Intellectual Property Rights - copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity (including any enhancement, modification or derivative work of the Intellectual Property).

Items - an asset (whether trading cards, comics, stamps, NFTs, supplies or any other physical or digital asset) available to redeem through the Store.

Licensor - a person or organization that grants Intellectual Property Rights to us for use within our Apps and Websites.

Loss - includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

Personal Information - information about an identifiable, living person, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.

Price - the purchase price payable for an Item advertised within the Website.

Sales Tax - sales tax, goods and services tax, value added tax or equivalent tax payable under any applicable law.

Services - the provision of The Empty Vault Family of Applications and Websites, tools, infrastructure and other services provided by us from time to time.

Software - the software owned by The Empty Vault (and its licensors) that is used to provide The Empty Vault Family of Applications and Websites.

Store - the virtual storefront which operates as the primary market function through which Users can purchase Items directly from the Website.

Terms of Use - these terms of use.

Token – the currency earned and used within The Empty Vault Family of Applications and Websites to purchase Items from the Store.

User – an individual user of our Services.

Underlying Systems - the Software, IT solutions, systems and networks (including software and hardware) used to provide the Services, including any third party solutions, systems and networks.

User Content - content, data, and information (including personal information) that a User inputs, uploads, posts or otherwise displays in the public sections of our Applications or Websites.

We, Us, Our or The Empty Vault - The Empty Vault Family of Applications and Websites (Cannon Crisis, MoveUp2D, The OMI Incinerator & TheEmptyVault.com)

Website - www.TheEmptyVault.com

You - you as an individual with an Account

 

3. ELECTRONIC COMMUNICATIONS

When you use our Services, or send emails, text messages, and other communications from your Device to us, or other Users, you may be communicating with us electronically. To the fullest extent permitted under applicable law, you consent to receive communications from us electronically (such as emails, SMS, mobile push notices, or notices and messages on our sites or through our Services) and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

For general inquiries or support, we can be reached by emailing:

[email protected]

 

4. THE APPLICATION

a.       The Empty Vault Family of Apps allows you to earn Redeemable Tokens by watching rewarded advertisements during the game play of our various apps (Cannon Crisis).

b.       You agree to use the App solely for personal consumptive and/or entertainment purposes and will not use and rely on the Services for any other reason.

c.       Our provision of the Services to you is non-exclusive. Nothing in these Terms of Use prevents us from providing the Services to any other person. Subject to the rest of these Terms of Use, we will use reasonable efforts to ensure that the The Empty Vault Family of Applications and Websites are available on a 24/7 basis. However, it is possible that on occasion, the Apps may be unavailable to permit maintenance, for other development activity to take place, or due to Force Majeure.

 

5. USER ACCOUNT

a.       To use our Services you will need to register an Account on The Empty Vault website by connecting one or more of Our Apps. You agree that you will receive an auto generated username. We can decline to make the Apps or the Services available to you without notice and for any reason, at our sole discretion.

b.       You agree that you will provide accurate, complete and truthful information at all times that you are required to provide information (including when setting up an Account) and must promptly update that information as required so that the information remains true, current and complete.

c.       You are responsible for maintaining the security of your Account and agree to accept responsibility for all activities that occur under your Account. You must not share your login information or other security related information with any other person or allow any other person to access your Account. You warrant that all activities on your Account are your own.

d.       You understand that anyone accessing your Account will be able to enter into transactions using your Tokens and, to the extent that you have credit card details saved into your Account, and we have no obligation to verify or take any steps to verify any instructions from you or appearing to be sent by you. While we are under no obligation to do so, our customer support representatives may require that you provide appropriate forms of identification and evidence to identify who the representative is dealing with, verify information and/or to prove that we are dealing with the owner of the Account.

e.       You may register and operate one account per device.

f.        Your Account will be classified as dormant if it has been inactive for an uninterrupted period of 24 months. In the case of your Account becoming dormant, The empty Vault will notify you by email at least twice that your Account is dormant. If you do not respond or resume your Account activity within 6 months from the date we first notify you that your Account is dormant, your Account will be closed.

 

 

6.       ACCESS TO OUR SERVICES

 

1.       When using our Services, you acknowledge, agree, warrant and undertake that:

a.       you are a human being;

b.       you are not accessing and using our Services on behalf of another person or entity;

c.       if you have accessed and used our Services on behalf of another person or entity you will immediately stop accessing and using our Services on behalf of this person or body;

d.       you have not and will not breach or circumvent any applicable law, regulations, government or third-party rights;

e.       you will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind;

f.        you will not use our Services if you are not at least 18 years of age (unless with our written approval), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions or embargo;

g.       you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties);

h.       regulations may require us to collect more information or documentation from you and you will fully comply with all of our requests for more information or documentation from you and all information and documentation will be completely truthful, accurate and reliable;

i.        you will not use our Services for commercial use (for example, business (whether paid or unpaid), advertising, or marketing purposes);

j.        you will not attempt to undermine the security or integrity of our Services or interfere with or attempt to impair our Services or transmit software viruses, worms, other harmful files or other malware;

k.       you will not post, upload or transfer User Content or communications that could be considered Objectionable on our Services;

l.        you will not transfer or give access to your Account and login credentials to another party without our prior written permission;

m.     you will not bypass, decipher, decompile, extract, copy, replicate, disassemble or reverse engineer any of the software used to provide our Services;

n.       you will not use any manual process (such as keying-in), robot, spider, screen scraper, injection techniques, data aggregation tool or use any other device or automated process ("Scraping Process") to data mine, scrape, crawl, email harvest, aggregate, copy or extract any of our Services, processes, information, content, or data accessible through our Services;

o.       you will not use any Scraping Process to aggregate or combine information, content or data contained within or accessible through this Website with information, content or data accessible via or sourced from any third party;

p.       you will not use any automated tool, program, algorithm or methodology to create Accounts, enter into transactions or access our Services in any other way;

q.       you will not use any information on or accessed through our Services for any commercial purpose or for profit or gain (for example, operation of a third party website or app which includes information on or accessed through our Services);

r.        you will not impose an unreasonable or disproportionately large load on our Apps;

s.        you will not harvest or otherwise collect information about Users of our Services without their consent;

t.        you will not circumvent any technical measures used to provide our Services;

u.       you will not infringe the Intellectual Property Rights that belong to or are licensed to The Empty Vault. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from Content that belongs to The Empty Vault or any third party, using that Content to advertise, market or sell a product or service, or as a basis for a securities product; incorporating that Content in videos or other media; creating or selling merchandise that includes that Content; and using that Content for any commercial purpose;

v.       you will not infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post User Content that does not belong to you;

w.     you will not do anything on our Services that could be Objectionable to or could harm the reputation or Intellectual Property Rights of us or The Empty Vault Licensors;

x.       you will not commercialize our Services or any information or software associated with our Services, except with our prior written permission;

y.       you will not bid on domain names or terms in any search engine that mention The Empty Vault or any of its derivatives and misspellings, The Empty Vault with keywords such as but not limited to "The Empty Vault coupons", "The Empty Vault promos", "The Empty Vault promotions";

z.       you will not breach our privacy or confidentiality or the privacy or confidentiality of any User of our Services;

aa.    you will not create or register a security interest or encumbrance in or over any Item, your money in our bank account, our agent's bank account or your User Content;

bb.   you will not create the impression of a false market for any Item in the Store;

cc.    you will not manipulate the market for any Item in the Store;

dd.   you will not use our Services to breach or circumvent any law or government;

ee.    you will not hide your true identity from us;

ff.      your funds are not from any crime or illegal source;

gg.   you will not help another person, entity, contractual arrangement, algorithm or device to do anything prohibited in clause 6.1 above;

hh.   your access, use and continued access and use of our Services is conditional on you providing us and our authorized agents with any information you may be asked for us to comply with applicable law and you consent to our holding or disclosing of this information for our legal compliance.

2.       We may suspend or close your Account or restrict your access to our Services and/or your Tokens (as we in our sole discretion determine is appropriate in the circumstances) if (a) you breach any clause in these Terms of Use, including to avoid doubt, the matters set out at clause 6.1 above, (b) new law or regulation relating to Tokens is proposed or enacted that impacts on the Services or impacts on your or our rights and obligations under Terms of Use and/or in relation to the Tokens. (c) conduct by you is a violation of law or regulation. We may also restrict your access to our Services while we investigate any circumstances or conduct which we consider suggests that you may have breached any clause in these Terms of Use or are in violation of law or regulation.

3.       If we restrict your access to our Services, we may limit your access indefinitely. In such case, we may also restrict your access to our Services for the exclusive purpose of enabling you to redeem your existing Tokens (that you have not acquired in a manner that is connected to a breach of these Terms of Use). Once you complete this process, your Account could be suspended or terminated indefinitely. We can restrict other users’ access to our Services and suspend or terminate other Accounts if we determine at our discretion that an arrangement has been put in place to circumvent our power to restrict a user’s access to our Services and suspend or terminate an Account.

4.       In the event of Account closure, to the maximum extent permitted by law, you irrevocably agree to transfer to us without compensation any Tokens held within the relevant Account at any time at our option without notice following such Account closure. You irrevocably appoint us as your lawful attorney to effect any such transfer including executing any documentation or taking any other steps that may be necessary to give effect to clause 6.3 or this clause 6.4.

5.       You indemnify us against all Loss you suffer or incur as a direct or indirect result of:

a.       any actual or alleged claim by a third party that any User Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that any User Content is Objectionable, incorrect or misleading;

b.       your failure to comply with these Terms of Use, including any failure of a person who accesses and uses the Services by using your Account; or

c.       any Loss arising from or in connection with an actual or alleged breach by you of any legal or regulatory requirements which occurs in connection with a contract between you and any other user or as a result of any other relationship established through the Services.

6.       You acknowledge and agree that all the terms of these Terms of Use, are fair and reasonable, taking into account the legitimate interests of The Empty Vault.

7.       The User acknowledges that the fundamental objectives of the The Empty Vault include but are not limited to:

a.       facilitating the Services in a safe, equitable, fair and reliable environment that is materially free, to the fullest extent possible, from hacking, botting and other activities deemed illegitimate pursuant to these Terms of Use;

b.       ensuring each User has a fair opportunity to participate in primary purchasing; and

c.       safeguarding the structural and operational integrity of the Services, including the Software, Underlying Systems, Digital Property and any other Intellectual Property.

 

 

 

7.       INTELLECTUAL PROPERTY

Our Intellectual Property

1.       You agree that all right, title and interest (including all copyright, trade mark, service marks, and other Intellectual Property Rights of any kind, whether registered or unregistered) in our Services (whether present or future), and all Content is the property of The Empty Vault, its licensors or their content suppliers (as applicable) and is protected by United States and international copyright and trademarks laws. Other than your User Content, we (and our licensors) own all proprietary and Intellectual Property Rights in The Empty Vault Family of Applications and Websites, the Software and the Underlying Systems, including all information, data, text, graphics, artwork, photographs, trademarks, logos, sound recordings, videos and look and feel, and including any modification, enhancement or derivative work of any of the foregoing.

2.       Subject to your compliance with these Terms of Use, we grant you a personal, non-commercial, non-exclusive, non-transferable, revocable, limited license (or sublicense, to the extent the Content was licensed to us) to download, view, display, and use the Content solely for your permitted use within our Services. You may not:

a.       modify any Content;

b.       use the Content to advertise or promote another product or service;

c.       commercialize the Content, such as by incorporating it into another product or service; or

d.       in any way attempt to obtain any intellectual property ownership rights in the Content.

3.       also agree to comply with all applicable law in using, selling, or transferring the Token and your use of the associated Digital Property.

4.       If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Token for any reason through any means, your rights under this limited license will immediately be revoked and expire with respect to the Digital Property associated with this Token without the requirement of notice, and you will have no further rights in or to such Digital Property.

5.       Any violation of the terms of this limited license automatically voids the rights granted to you hereby.

6.       You also understand and agree that neither The Empty Vault nor any of The Empty Vault Licensors are liable in case of any inability for you to access the Digital Property for any reason, including as a result of any downtime, failure, obsolescence, removal, termination or other disruption relating to the storage of or access to any Digital Property. The empty Vault may use or implement technical measures with respect to the security of the Digital Property and you will not take any action to interfere with, circumvent, disable or otherwise obstruct any such security-related features or other digital rights management functions associated with the Digital Property or reverse engineer or take any other action that may affect the technology associated therewith.

7.       As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. We, in appropriate circumstances, may remove from the Services information that might infringe the intellectual property rights of others.

 

8.   MOBILE DEVICES

1.       The following contractual terms apply to you based on the Device The Empty Vault Family of Applications and Websites are installed on:

a.       iOS – Apple

                                                                                i.            These Terms of Use are an agreement between you and us, and not with Apple LLC, its subsidiaries or its affiliates (“Apple”). Apple is not responsible for The Empty Vault Family of Applications and Websites or the content thereof.

                                                                              ii.            We grant you the right to use The Empty Vault Family of Applications and Websites only on an iOS device that you own or control and as permitted by the App Store Terms of Service.

                                                                            iii.            Apple has no obligation whatsoever to furnish any maintenance and support services with respect to The Empty Vault Family of Applications and Websites.

                                                                             iv.            Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

                                                                               v.            Apple is not responsible for addressing any claims by you or any third party relating to The Empty Vault Family of Applications and Websites or your possession and/or use of The Empty Vault Family of Applications and Websites, including but not limited to: (a) product liability claims; (b) any claim that The Empty Vault Family of Applications and Websites fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

                                                                             vi.            In the event of any failure of The Empty Vault to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price under the App Store Terms of Service, if applicable, for The Empty Vault to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to The Empty Vault Family of Applications and Websites.

                                                                           vii.            Apple is a third party beneficiary of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

b.       Android – Google

                                                                                i.            These Terms of Use are an agreement between you and us, and not with Google LLC, its subsidiaries or its affiliates (collectively, “Google”). Google is not responsible for The Empty Vault and the content thereof.

                                                                              ii.            We grant you the right to use The Empty Vault only on an Android compatible device that you own or control and as permitted by the Google Play Terms of Service.

                                                                            iii.            Google has no obligation whatsoever to furnish any maintenance and support services with respect to The Empty Vault Family of Applications and Websites.

                                                                             iv.            Google is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

                                                                               v.            Google is not responsible for addressing any claims by you or any third party relating to The Empty Vault and or your possession and/or use of The Empty Vault, including but not limited to: (a) product liability claims; (b) any claim The Empty Vault fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

                                                                             vi.            In the event of any failure of The Empty Vault to conform to any applicable warranty, you may notify Google, and Google may refund the purchase price under the Google Play Terms of Service, if applicable, The Empty Vault to you; and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to The Empty Vault.

                                                                           vii.            Google is a third party beneficiary of these Terms of Use, and, upon your acceptance, Google as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

 

 

9.   TOKENS

1.       The Empty Vault Family of Applications and Websites uses Tokens as its currency. Tokens in your Account represent the funds earned through rewards granted within the games and websites.

Please note that:

a.       Tokens are not securities.

b.       The Empty Vault does not accept or hold deposits from customers and is not a bank.

c.       The Empty Vault does not insure customer funds (or the Items themselves).

d.       The Empty Vault is not a money transmitter under any law.

e.       Tokens may not be purchased through our Services.

f.        You may not purchase, sell or otherwise agree to the transfer of Accounts or Tokens.

g.       Tokens have no value outside the app and are non-transferrable.

h.       Payments for Items in the Store can be made with Tokens.

i.        Any purchases made on our Services are final and non-refundable, and you are advised to double check before making any purchases.

j.        By using our Services, you accept that it is your responsibility to immediately pay any shipping costs associated with the redemption of tokens (if applicable).

k.       We may change or modify the Token price of Items from time to time without notice.

l.        any taxes applicable to any transactions you conduct on our Services. We accept no responsibility for, nor make any representation in respect of, your tax liability;

m.     There is no charge for downloading The Empty Vault Family of Applications and Websites but you will need an internet connection. You are responsible for all associated charges from your internet or mobile network providers.

n.       We may refuse, cancel or disable transactions at any time.

 

10.   SECURITY

1.       While we take all reasonable steps to ensure that your Accounts are secure, you are responsible for the security and system integrity of your Account, Device and your associated connection to the internet.

2.       You must exercise every possible care to ensure the safety of your Account and Device by taking all reasonable care to prevent loss, theft, unauthorized, criminal or fraudulent use. That includes:

a.       not allowing anyone else to use your Device;

b.       keeping your login details secret and unique;

c.       locking your Device when it is not in use; and

d.       ensuring you have set up password access to your Device and it is active.

3.       If you become aware or suspect that your login credentials to our Services have been compromised in any way, you must immediately notify us and also cease using our Services and uninstall and delete The Empty Vault.

 

11.   THIRD PARTY WEBSITES OR RESOURCES

1.       The Services may contain links to third party websites or resources. We provide these links only as a convenience and we are not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources, we do not endorse or support any third party website content nor are we responsible for what is contained on such third party websites.

2.       We are not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize our Services and you hereby waive and release us and any other party involved in creating or delivering our Services from Loss or liability which may arise out of, result from, or relate in any way to such third party services.

3.       Through the use of web services and APIs, The Empty Vault Family of Applications and Websites may interact with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make that feature available to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.

 

12. TERMINATION

1.       You may cease using the Services at any time by requesting removal of your Account from The empty Vault. If you do this, these Terms of Use and your right to access and use the Services will terminate immediately.

2.       We may refuse to create an Account for you, or close your Account and terminate, suspend or modify your access to our Services at any time, for whatever reason, without prior notice or reason given to you.

3.       We may, at our sole discretion and for whatever reason, change, modify, suspend or discontinue any of our Services, including the provision of The Empty Vault Family of Applications and Websites, or the Store, at any time without prior notice or reason given to you.

4.       Termination of these Terms of Use does not affect either party’s rights and obligations that accrued before that termination.

5.       No compensation is payable by us to you as a result of termination of these Terms of Use for whatever reason. Once an Account is closed, any beneficial interests of the User arising from or under, in connection with or otherwise contemplated by these Terms of Use and/or the use of the Services will lapse.

 

 

13. WARRANTIES, LIABILITY AND DISCLAIMERS

1.       TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT, AND DO NOT WARRANT THAT THE SERVICES (INCLUDING, TO AVOID DOUBT, THE APPLICATION) WILL BE:

a.       UNINTERRUPTED, SECURE, OR ERROR-FREE (INCLUDING FREE FROM VIRUSES OR OTHER MALICIOUS CODE);

b.       CAPABLE OF QUIET ENJOYMENT, OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING; OR

c.       COMPATIBLE WITH YOUR DEVICE.

 

2.       TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COSTS, COSTS OF SUBSTITUTE SERVICES, LIABILITY, EXPENSES (INCLUDING REASONABLE ATTORNEY/CLIENT FEES) OR DAMAGES (INCLUDING DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL) ARISING FROM OR IN RELATION TO:

a.       YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SERVICES;

b.       ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES;

c.       A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT;

d.       ANY ACT OR OMISSION OF A THIRD PARTY, INCLUDING NEGLIGENT, MALICIOUS OR WILFUL ACTS OR OMISSIONS;

e.       TELECOMMUNICATIONS UNAVAILABILITY, INTERRUPTION, DELAY, FAILURE OR FAULT;

f.        OUR DECISION TO CHANGE, MODIFY, SUSPEND OR DISCONTINUE ANY OF OUR SERVICES;

g.       MAINTENANCE OR REPAIRS CARRIED OUT BY US OR ANY THIRD PARTY SERVICE PROVIDER IN RESPECT OF ANY SYSTEMS USED IN CONNECTION WITH THE PROVISION OF OUR SERVICES, WHETHER THESE LEAD TO DELAYS OR DISRUPTIONS IN OUR SERVICES OR NOT; OR

h.       ANY FORCE MAJEURE EVENT,

i.        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. SHOULD A COURT NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY IN THIS USER AGREEMENT, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

3.       YOU ASSUME ALL RISKS RELATING TO YOUR USE OF OUR SERVICES WHICH INCLUDES THE RISKS GENERALLY LINKED TO USE OF THE INTERNET, MOBILE OR DESKTOP APPS, BLOCKCHAIN TECHNOLOGY, CYBERSECURITY, LICENSES, MARKETPLACES, REGULATION AND YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES. YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF OUR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

 

4.       THE EMPTY VAULT IS CONTROLLED OR OPERATED FROM THE UNITED STATES AND IS NOT INTENDED TO SUBJECT THE EMPTY VAULT TO ANY NON-UNITED STATES OR LAW (OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OF USE). ALTHOUGH THE EMPTY VAULT FAMILY OF APPLICATIONS AND WEBSITES MAY BE ACCESSIBLE WORLDWIDE, THE APP MAY NOT BE APPROPRIATE OR AVAILABLE FOR USE IN SOME NON-UNITED STATES JURISDICTIONS, AND WE MAKE NO REPRESENTATION THAT MATERIALS THEREON ARE LAWFUL, APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES AND ACCESSING THEM FROM TERRITORIES WHERE ITS CONTENT OR YOUR PARTICIPATION ON THE EMPTY VAULT FAMILY OF APPLICATIONS AND WEBSITES IS ILLEGAL IS STRICTLY PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE EMPTY VAULT FAMILY OF APPLICATIONS AND WEBSITES FROM THE OTHER LOCATIONS OUTSIDE THE UNITED STATES DO SO ON THEIR OWN RISK AND MUST COMPLY WITH ALL LOCAL LAWS INCLUDING BUT NOT LIMITED TO TAX AND SECURITIES LAWS. WE MAY LIMIT THE EMPTY VAULT FAMILY OF APPLICATIONS AND WEBSITES AVAILABILITY AT ANY TIME, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION THAT WE CHOOSE.

 

 

14.   INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY US FROM, AND HOLD US HARMLESS FROM, AND AGAINST ALL LOSS THAT ARISES FROM OR IN CONNECTION TO:

a.       YOUR ACCESS AND USE OF OUR SERVICES;

b.       YOUR BREACH OF THESE TERMS OF USE; AND

c.       ANY USER CONTENT YOU MAY PROVIDE.

 

 

15.   GOVERNING LAW AND DISPUTE RESOLUTION

1.       These Terms of Use and any dispute arising out of or in relation to them shall be governed by the laws of The United States.

2.       If you have any questions, concerns, disagreements, complaints, disputes, or differences arising out of or in connection with these Terms of Use, please contact us in the first instance and we will endeavor to facilitate a resolution of the relevant question, concern, disagreement, complaint, dispute, or difference.

3.       Any disagreement, complaint, dispute, or difference arising out of or in connection with these Terms of Use must be dealt by us first before the User is permitted to take any other action to resolve the disagreement, complaint, dispute, or difference. The User acknowledges that we are not obliged to investigate or follow up a complaint made by one User against another User.

4.       To the fullest extent permissible by law, these Terms of Use provide for the exclusive resolution of disputes through individual arbitration on your own behalf instead of through any class or representative action and you agree that any dispute against us whatsoever shall be brought by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class or representative action.

5.       For the avoidance of doubt, anything within the above clauses (including the above arbitration agreement) does not prevent us from seeking injunctive or other urgent relief from a court to prevent (or enjoin) the breach of these Terms of Use and/or infringement or misappropriation of our or our licensors' intellectual property rights.

6.       If you are located in a jurisdiction in which an arbitration agreement is not enforceable then the parties agree to the exclusive jurisdiction of the United States courts to resolve any dispute.

 

 

16.   GENERAL

1.       Each party must, unless it has the prior written consent of the other party:

a.       keep confidential at all times the Confidential Information of the other party;

b.       effect and maintain adequate security measures to safeguard the other party's Confidential Information from unauthorized access or use; and

c.       disclose the other party's Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party's Confidential Information is aware of, and complies with, the above clauses.

2.       The obligation of confidentiality does not apply to any disclosure or use of Confidential Information:

a.       for the purpose of performing a party's obligations, or exercising a party's rights, under these Terms of Use;

b.       required by law or government (including under the rules of any stock exchange);

c.       which is publicly available through no fault of the recipient of the Confidential Information or its personnel;

d.       which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or

e.       by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than clauses above.

3.       These Terms of Use constitute the entire and exclusive understanding and agreement between us and you in respect to any matter raised in these Terms of Use, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between us and you with respect to any matter raised in these Terms of Use.

4.       You may not assign or transfer any of your rights under these Terms of Use without our prior written permission. Any attempt by you to assign or transfer these Terms of Use, without such permission, will be null. We may freely assign or transfer these Terms of Use, including any right or obligation set out in these Terms of Use, without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

5.       Any reference to The Empty Vault in this Terms of Use includes any successors and permitted assigns.

6.       We may provide you with notices, including notices relating to these Terms of Use by way of electronic communications, including by email or other electronic communication through TheEmptyVault.com. You are solely responsible for ensuring your contact details in your Account are always up to date.

7.       If any part of these Terms of Use is, or becomes, legally invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

8.       We reserve the right to add, vary or otherwise change these Terms of Use at any time. We will publish the most recent version of the Terms of Use on TheEmptyVault.com.

9.       If we do not exercise or enforce any rights available to us under these Terms of Use, that does not constitute a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

10.    Our shareholders, subsidiaries, affiliates, officers, directors, agents, subsidiaries, joint ventures, and employees will have the benefit of our rights, powers and protections in these Terms of Use and any one of them can enforce any of our rights, powers and protections as if they were a party to these Terms of Use.

11.    Nothing in these Terms of Use shall be deemed or is intended to be deemed, nor shall it cause, either you or us to be treated as partners, joint ventures or as the agent of the other.

12.    Neither us, nor any user of our Services, nor any other party involved in creating, producing, or delivering our Services shall be liable for any failure to perform its obligations under these Terms of Use to the extent caused by Force Majeure provided that the affected party:

a.       notifies the other party as soon as practicable;

b.       uses best efforts to overcome the Force Majeure; and

c.       continues to perform its obligations to the extent practicable.

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