PLEASE CAREFULLY READ THESE TERMS OF USE FOR THE WEBSITE BEFORE USING THE WEBSITE http://divo.global/ AND ITS ONLINE SERVICES, AS THEY AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OF WEBSITE, YOU SHALL NOT USE THE WEBSITE http://divo.global/ AND ITS ONLINE SERVICES.
THE WEBSITE http://divo.global/ AND ITS ONLINE SERVICES ARE NOT INTENDED FOR THE USE OF, AND CAN NOT BE USED BY, CITIZENS OF, NATURAL AND LEGAL PERSONS, HAVING THEIR HABITUAL RESIDENCE, LOCATION OR THEIR SEAT OF INCORPORATION IN THE COUNTRY OR TERRITORY WHERE USING THE WEBSITE, ITS ONLINE SERVICES OR THE METHOD OF PAYMENT FOR THE SERVICES SPECIFIED AT THIS WEBSITE IS PROHIBITED OR IN ANY MANNER RESTRICTED BY APPLICABLE LAWS OR REGULATIONS.
IF SUCH RESTRICTED PERSON USES THE WEBSITE http://divo.global/ OR THE SERVICES AT THIS WEBSITE, SUCH RESTRICTED PERSON HAS DONE SO ON AN UNLAWFUL, UNAU-THORIZED AND FRAUDULENT BASIS AND IN THIS REGARD SHALL BEAR NEGATIVE CONSEQUENCES CONTEMPLATED IN THIS TERMS OF USE OF WEBSITE.
We ask you to carefully read these Terms of Use (“Terms”) applicable to your use of the website http://divo.global/ and all of its subdomains and all their respective pages (“Website”) and your use of the online services at the Website (“Services”). These Terms shall constitute, as added, amended, modified, supplemented or restated from time to time, a binding agreement between you and DIVO FINANCE LTD, a company, incorporated in accordance with the laws of United Kingdom under the number 212240, and / or Company Parties as the case may be (“Company”, “we”), and are applicable to your use of the Website and the Services.
1. DEFINITIONS
2. ACCEPTANCE OF TERMS
3. USE OF WEBSITE ANS SERVICES
The Website and the Services may contain links to websites and third-party content, advertisements, promotions, logos and other materials (“Third-Party Content”).
We make no representations or warranties of any kind regarding Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance or decency of such Third-Party Content. We are not responsible for any of the content on third party websites linked to the Website nor can it be assumed that we have reviewed or approved of such websites or their content, nor do we warrant that the links to these websites work or are up to date.
Your use of or interactions with any Third-Party Content and any third party that provides Third-Party Content are solely between you and such third parties, and Company Parties are not responsible or liable in any manner for such use or interactions.
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create a User Account on the Website (“User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete.
We do not own, control or endorse any User Content that is transmitted, stored or processed via the Website or sent to us and we are not responsible or liable for any User Content.
You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Website, and you represent and warrant that: you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these Terms; your User Content does not violate any agreements or confidentiality obligations; and your User Content does not violate, infringe or misappropriate any intellectual property right or other proprietary rights, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. You agree to notify us immediately of any unauthorized use of your User Content or any other breach of security.
We will not be liable for any loss or Damages that you may incur as a result of someone else using your User Content or your User Account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company Parties or other persons due to someone else using your User Content or your User Account. You may not use anyone else’s User Content or User Account at any time without the permission of such person or entity.
By posting, uploading, inputting, providing or submitting your User Content to us, you grant Company Parties and any necessary sub-licensees a non-exclusive, worldwide, royalty-free, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
Although we have no obligation to screen, edit or monitor User Content, Company Parties reserve the right and have absolute discretion to remove, screen or edit User Content. Company Parties also reserve the right at all times to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental decrees, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion.
Your activities on the Website may be connected with Clicking on (“Click, to Click on/to”) some objects including such in the User Account. Typically, we would provide explanations on the meaning of each Click if it is not obvious (like Clicks on links to other information sections or pressing the buttons with explanations written on them). Your Clicks on the Website, especially within the User Account, may have legal consequences offline, that is, you may agree to some terms or you may make a contract. Click, to Click on/to means to select some digital object on the Website as shown on your screen or display by moving the pointer to the object’s position and pressing left or right mouse button (depending on settings) in order to choose an action, complete some process or get to another section of the Website. Pressing the mouse button may be replaced by its alternatives depending on your device (hotkeys, pressing on the touchpad or display) that you typically use to select digital objects on your display. “Clicking” also includes selecting and “pushing” the Website buttons (rectangular objects with some text in them). The Clickable objects on the Website will move or change their color when you put the pointer on them.
It is presumed that the User knows and recognizes what the User is doing by creating a User Account and Clicking on the objects on the Website, that the User intends to face the consequences of such Clicks and to be bound by the contracts that may follow thereafter. The User confirms that the User is fully legally capable of making transactions, that the User has reached the appropriate age to make transactions in accordance with applicable legislation, that the User is sober, mentally healthy and of appropriate level of education to evaluate the consequences of each Click.
We may use the live chat feature to provide support for your technical issues with the Website. We will help answer general questions you may have about the Website or other respective questions. We do not use live chat to transact, bind, manage or provide any products to you. Except as otherwise required by applicable law, we have the right not to provide you with a record of any discussion on the live chat. Any person providing technical support is not entitled to give any kind of legal or financial advice, perform any official actions on behalf of the Company or its Parties, conclude any types of agreements or otherwise provide any information on any matters that differ from strictly technical issues. All information provided during the support session constitutes a personal view of the person it was provided by and may not be similar to the official position of the Company or Company Parties.
You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for your losses caused by any unauthorized use of your User Account. However, you may be found liable for the losses of Company or other Users due to such unauthorized use.
The Company reserves the right to take appropriate action against any person who misrepresents his or her identity or improperly or fraudulently accesses the Website. This action may include, but is not limited to, legal action against any person accessing this Website in violation of any state or federal law or regulation applicable.
The Company may terminate any User Account and, to the extent possible, any User’s access to the Website if such User is determined to have taken any action inconsistent with or in violation of these Terms.
The Company may terminate, block or otherwise inhibit access to the Website or to the User Account of any User who is deemed to have violated any of these Terms including by blocking any IP address or other indication of the source of behavior, content or usage of the Website that violates these Terms.
7. INTELLECTUAL PROPERTY
Company Parties retain all right, title and interest in and to the Website and the Services, whether express or implied, including 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 on the Website (collectively, “Intellectual Property”).
Accessing the Website and using the Services does not vest you with any right, title or interest in the Intellectual Property and other rights to content which is accessible on the Website or through the Services unless otherwise is provided in Article 6.3.
In order to use the Website and the Services, you are granted personal, non-exclusive, limited, non-assignable, non-transferrable, royalty free, revocable license to access, review, reproduce, cache, print, distribute and store content retrieved from the Website or the Services only within the functionality of the interface of the Website or the Services through any common consumer web browser, provided that you strictly comply with limitations contained herein.
You may copy certain texts on the Website for your personal use. However, you are not allowed to distribute them or otherwise use them for commercial purposes.
You are welcome to repost information contained on the Website for non-commercial purposes. Please make sure beforehand that there is a link to the Website in the reposted material and/or please make sure to refer to us in your comments.
With the exception of Articles 6.3-6.5, copying, distribution (including but not limited to licensing), broadcasting, replicating, modifying the Intellectual Property in whole or in any part without the prior written permission of the Company is prohibited.
Please do not launch any automated systems, including but not limited to “spiders”, “offline readers” or “robots” or similar solutions with the purpose of accessing the Website in an intrusive manner. You are not allowed to send requests to the Website servers within some time period in larger amount than an average individual can reasonably produce in the same time period using a regular web browser, or scour the Website using respective software or hardware in order to show the Website contents on any other website.
It is strictly prohibited to collect any personally identifiable information including usernames from the Website and to use the communication systems provided by the Website (e.g. comments, email) for any unlawful purposes. You agree not to contact any User for commercial purposes.
7. FEEDBACK AND AGGREGATE INFORMATION
8. REPRESENTATIONS AND WARRANTIES
9. LIMITATION OF LIABILITY AND INDEMNIFICATION
In no event will the Company Parties be responsible or liable for any claims, Damages, liabilities, losses, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special (including Damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) regardless of whether the Company Parties have been advised of the possibility of such Damages, liabilities, losses, costs or expenses, arising out of or in connection with:
- the use or performance of the Website or the Services;
- any provision of or failure to provide the Website or the Services;
- any material or information available from the Website;
- any conduct or content of any third party;
- unauthorized access, use or alteration of the transmission of data or content to or from us; or
- the failure to receive in any way the transmission of any data, content, funds or property from you.
- any unlawful access to or use of the Website, any of its content or the Services;
- any reliance on or decision made on the basis of information or material shown on or omitted from the Website;
- any representation or otherwise in respect to the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on the Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or engage a candidate or that any candidates will meet our needs;
- any matter affecting the Website, any of its content or the Services caused by circumstances beyond our reasonable control;
- the performance of the Website and any fault, delays, interruptions or lack of availability of the Website, the Services or products provided through the Website, which may occur due to increased usage of the Website, intermittent failures of the Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
- any information or material on any website operated by a third party which may be accessed from the Website.
To the fullest extent permitted by applicable law, in no event will the aggregate liability of the Company Parties (jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these Terms or the use of or inability to use the Website or the Services, exceed the amounts paid by you to the Company for content, access to the Website or use of the Services.
To the fullest extent permitted by applicable law, you disclaim any right or cause of action against any of the Company Parties of any kind in any jurisdiction that would give rise to any Damages whatsoever on the part of any Company Party.
If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
You understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of domicile concerning use of the Website, the Services and payment for the Services, and that Company Parties should not accept any liability for any illegal or unauthorized use of the Website, the Services or method of payment for the Services. You agree to be solely responsible for any applicable taxes imposed on or in connection with any transaction contemplated herein.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless and reimburse Company Parties from and against any and all claims, demands, actions, Damages, losses, costs and expenses (including attorneys’ fees) incurred by a Company Party arising from or relating to: your access to or use of the Website or the Services; your User Content; any Feedback you provide; or your violation of these Terms.
We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification pursuant to these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and a Company Party.
Company Parties shall not be liable and disclaim all liability to you in connection with any force majeure event, including acts of God, labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war, technological change, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.
If an event of force majeure occurs, the party injured hereto by the other’s inability to perform may elect to suspend these Terms, in whole or part, for the duration of the force majeure circumstances. The party hereto experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.
To the fullest extent permitted by applicable law, you release the Company Parties from responsibility, liability, claims, demands, and/or Damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and us and the acts or omissions of third parties.
You expressly waive any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in favor of you at the time of agreeing to this release.
10. GOVERNING LAW AND DISPUTE RESOLUTION
11. MISCELLANEOUS
These Terms constitute the entire agreement between you and the Company relating to the use of the Website and the Services. These Terms supersede all prior or contemporaneous representations, understandings, agreements or communications between you and any of the Company Parties, whether written or verbal, regarding the subject matter of these Terms.
Should any provision of these Terms, or any provision incorporated into these Terms in the future, be or become illegal, invalid or unenforceable under the laws of any jurisdiction, the legality, validity or enforceability in that jurisdiction of the other provisions of these Terms shall not be affected thereby.
The Company may assign Company’s rights and obligations under these Terms.
The Company’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third-party beneficiary rights upon any other person or entity.
All notices, requests, claims, demands and other communications concerning these Terms (“Notices”) that a Company Party provides to you, including these Terms, will be provided in electronic form by: posting a Notice on the Website; or sending a Notice through your User Account; or sending an email to the email address which is associated with your User Account.
Notices provided by posting on the Website will be effective upon posting and Notices provided by email or sent through the User Account will be effective when a Company Party sends the Notice. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your User Account when a Company Party sends the email, whether or not you actually receive or read the email.
Notices that you provide to a Company Party must be in the English language and delivered to the Company Party by email (info@divo.fashion). Such Notices will be effective one business day after they are sent.
In these Terms, references to “Articles” are references to Articles of these Terms.
In these Terms, unless the context indicates otherwise or the contrary is expressly stated: references to the singular include references to the plural and vice versa; references to the male include references to the female and vice versa; a reference to a person includes a reference to any individual, body corporate (wherever or however incorporated or established), association, partnership, government, state agency, public authority, joint venture, works council or other employee representative body in any jurisdiction and whether or not having a separate legal personality; a reference to a person includes a reference to that person’s legal personal representatives, successors, permitted assigns and permitted nominees in any jurisdiction whether or not that person has a separate legal personality; and a reference to a company shall be construed so as to include any company, corporation or other body corporate or other legal entity, wherever and however incorporated or established.
The headings in these Terms are inserted for convenience and reference purposes only and do not affect its interpretation.
The words “hereof”, “herein”, “hereunder” and “hereby” and words of similar import, when used in these Terms, shall refer to these Terms as a whole and not to any particular provision of these Terms.
Wherever the word “include”, “includes” or “including” is used in these Terms, it shall be deemed to be followed by the words “without limitation”.
These Terms may from time to time be translated into other languages. To the extent that any discrepancy may exist between the English version of these Terms and the version in another language, the English version prevails.