Terms and Conditions
2. DEFINITIONS2.1. “ISKRA Services” is all features and services provided by ISKRA and/or its affiliates.
2.2. “ISK” is a native and governance token of ISKRA Platform
2.3. “iUSD” is a payment token designed to maintain a stable value relative to another asset
2.4. “Pioneer NFT” is a non-fungible token (“NFT”) which provides holders with the right to participate in the operation of the ISKRA ecosystem
3. ISKRA PLATFORM3.1. “ISKRA Platform” is a blockchain gaming hub that brings together gamers, crypto investors, and game studios. Also ISKRA is an application on a blockchain network, using smart contracts to enable its Users to own, buy, sell, transfer, and share digital things. ISKRA Platform provides seamless end-to-end services for both gamers and game studios.
3.2. ISKRA will provide each User with a ISKRA Platform. ISKRA will never take custody or control over any NFT or digital reward stored in a User’s ISKRA Platform. The ISKRA Platform does not store, send or receive any NFT or reward, but such transactions occur directly on the ISKRA Blockchain or other supported blockchains. Instead of the ISKRA Platform, the User may use any compatible digital app or wallet provided by a third party company that safely connects to the ISKRA Blockchain. A User may be able to use the ISKRA Platform or other compatible wallet to send and receive any NFT or digital reward with other users of the ISKRA Blockchain. ISKRA does not offer any User the ability to exchange one form of currency for any other form of currency (fiat or digital). ISKRA Platform is not a custodian, exchange or money transmitter.
3.3. When a User creates an account on the ISKRA Platform, the ISKRA Blockchain software generates a cryptographic private key and public key pair that the User must use to send and receive any NFT or digital reward supported on the ISKRA Blockchain. The User is solely responsible for storing, outside of ISKRA’s Services, a backup of any User’s ISKRA Platform, private key(s), or transaction information that the User maintains in the ISKRA Platform or otherwise with the ISKRA Services. If the User does not backup the ISKRA Platform, the User may not be able to access the ISKRA in the event that ISKRA discontinues some or all of the ISKRA Services.
3.4. In order for a transaction to be validated on the ISKRA Blockchain, any ISKRA transaction through the ISKRA Platform must be confirmed and recorded in the distributed ledger associated with the ISKRA Blockchain. The ISKRA Blockchain is a decentralized, peer-to-peer network supported by the users of the ISKRA Blockchain, which is not owned, controlled or operated by ISKRA.
3.5. ISKRA has no control over any NFT or digital reward (including the ISKRA Reward) generated through the ISKRA Blockchain or the ISKRA Platform or Site, and cannot ensure that any transaction details a User submits via the ISKRA Services and ISKRA Platform or Site will be confirmed or processed on the ISKRA Blockchain. The User agrees and understands that the transaction details submitted by the User via the ISKRA Services and ISKRA Platform may not be completed or may be delayed by the ISKRA Blockchain or any supporting blockchain used to process the transaction. ISKRA does not guarantee that the ISKRA Platform can transfer title or right in any NFT or digital reward, and ISKRA makes no warranties of title of any kind. Once transaction details have been submitted to the ISKRA Blockchain, ISKRA cannot assist the User to cancel or otherwise modify such transaction or details.
3.6. In the event of a fork of the ISKRA Blockchain or any other supported blockchain, ISKRA may not be able to support the User’s activity related to ISKRA or any other supported NFT or reward. The User agrees and understands that in the event of a fork of the ISKRA Blockchain, any transaction associated with the ISKRA Platform or ISKRA Services may not be completed, may be partially completed, incorrectly completed, or substantially delayed. ISKRA is not responsible for any loss incurred by any User caused in whole or in part, directly or indirectly, by a fork of the ISKRA Blockchain.
3.7. With respect to the ISKRA Platform, ISKRA does not receive or store a User’s ISKRA Platform password, or any keys, network addresses or transaction history. ISKRA cannot assist any User with ISKRA Platform password retrieval. The User is solely responsible for remembering, storing and keeping secret the User’s ISKRA Platform PIN (password), keys and address. Any NFT or digital reward a User has stored within its ISKRA Platform may become inaccessible if the User does not know or keep secret its ISKRA Platform keys and PIN. Any third party with knowledge of one or more of a User’s credentials (including, without limitation, a backup phrase, App identifier, PIN, or keys) can dispose of the NFT or digital rewards in the User’s ISKRA Platform.
3.8. ISKRA does not currently charge a fee for the ISKRA Platform, receiving, sending, or storing ISKRA. However, ISKRA reserves the right to do so in the future, and in such case any applicable fees will be displayed prior to the User incurring such fee. Notwithstanding, the ISKRA Blockchain may have Blockchain Transaction Fees required to transact NFT or digital reward transactions through the ISKRA Blockchain. ISKRA may attempt to calculate for the User any Blockchain Transactions Fees, though such calculation may be inaccurate or excessive. The User may select a greater or lesser fee, and the User is solely responsible for paying any Blockchain Transaction Fees required on the ISKRA Blockchain. ISKRA will neither advance nor fund any Blockchain Transaction Fee on any User’s behalf, nor be responsible for any excess or insufficient fee calculation.
3.9. From time to time, there may be programs in place to allow User to receive a reward, in the form of ISKRA Reward, NFT, or otherwise, based on actions taken by the User, whether it be by referral or other program in place at the time (“Additional Rewards”). User understands that ISKRA makes no representations or warrants regarding the Additional Rewards. Notwithstanding the foregoing, ISKRA further makes no representations or warrants surrounding the operation of any ISKRA Services or that said ISKRA Services/Additional Rewards will be error-free or uninterrupted. User accepts the sole responsibility for taking any and all actions to obtain any Additional Rewards, and holds ISKRA harmless for any opportunity cost or losses that occur as a result of the non-receipt of anticipated Additional Rewards, monetary or otherwise.
4. PAYMENT TERMS4.1. Purchase of Pioneer NFT.
If the User wants to possess a Pioneer NFT, the user shall pay for the fee of Pioneer NFT which are non-refundable.
4.2. Software License.
The User may be required to enter into a software license agreement with ISKRA or any third party for the use of any required software for ISKRA Platform. The User shall pay all associated software license fees.
4.3. Maintenance and Hosting Fees.
ISKRA does not maintain or host any Pioneer NFT, but may refer the User to one or more third-party hosting companies that may or may not be affiliated with ISKRA. If the User elects and is part of a separate hosting agreement, the User may be required to pay certain data center operations, maintenance and power fees which are non-refundable.
4.4. Blockchain Transaction Fees.
The delivery and receipt of any of the User’s NFT or digital rewards through the ISKRA Platform may be subject to network or transaction fees charged by ISKRA Platform, which are non-refundable. Those fees are paid to process a transaction on the blockchain.
Transactions of digital asset and NFT on the ISKRA Platform cannot be canceled once concluded, and ISKRA do not provide refunds for any concluded transactions.
POTENTIAL USERS OF NFTS OR DIGITAL REWARDS, INCLUDING BUT NOT LIMITED TO ISK, ARE FOREWARNED OF POSSIBLE FINANCIAL LOSS AT THE TIME SUCH REWARDS ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. MOREOVER, A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE MAY RESULT IN A TAX LIABILITY. USERS SHOULD CONSULT A TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH THE PURCHASE, SALE, TRADE, RECEIPT OR OTHER USE OF DIGITAL REWARDS.
5. USER OBLIGATIONS5.1. Software and Equipment Allocation.
The User is responsible for the allocation of the User’s software and equipment and selected optimization decisions. The User acknowledges that ISKRA is not responsible for the selection or timing of blockchain protocols, nor is ISKRA responsible for the protocols selected for use in connection with ISKRA Services. The User is solely responsible for these decisions and shall monitor and allocate strategies through the User’s ISKRA Services.
5.2. User Information.
Except ISKRA is directly responsible for the occurrence of the loss or accident due to its intention or gross negligence, the User represents and warrants that the User is responsible for the preservation of confidentiality of the User’s login credentials, wallet address, backup phrase and all other personal information on any ISKRA Services.
5.3. Technological Risk.
The User represents and warrants that the User accepts the risks of blockchain protocol and network, including instability, congestion, high transaction costs, network latency, information security, regulatory risk, and technological and operational error. The User understands these risks may result in delay or failure to process transactions and potentially high Blockchain Transaction Fees or third party fees. The User represents and warrants that the User is familiar with and accepts the risks associated with blockchain development and code changes. Blockchain technologies are still under development and may undergo significant changes over time. Blockchain contributors may make changes to features and specifications of the algorithm selected by the User, and may fork the ISKRA Blockchain protocol. Such changes may include or result in the elimination or support for specific algorithms and applications.
User shall comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to ISKRA, ISKRA Services, ISKRA Platform, ISKRA Blockchain, Site, etc.
5.5. Intellectual Property Restrictions.
The User acknowledges and agrees that ISKRA, any game developer, or third party contact provider (or, as applicable, any licensors) own all legal right, title and interest in and to all elements of their respective intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of any content provided on the Site, ISKRA Services, or ISKRA Blockchain are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
All such intellectual property are the property of its owners or licensors, and all trademarks, service marks, and trade names are proprietary to its owner or licensors. Except as expressly set forth herein, the use of the ISKRA Services does not grant User any ownership of or any other rights with respect to any content, code, data, or other materials that User may access on or through the ISKRA Services. When a User purchases or owns a Platform Asset, the User owns the underlying NFT completely for as long as the User owns the Platform Asset, subject to the terms and restrictions of the Term and any accompanying license restrictions for the Platform Asset. Ownership of the NFT is mediated entirely by the smart contract and Ethereum Network (or any other applicable network): at no point may ISKRA seize, freeze, or otherwise modify the ownership of the Platform Asset. The User acknowledges and agrees that while the User may own a Platform Asset, the underlying embedded intellectual property rights may be subject to certain licensing requirements, and ISKRA can only convey such rights to Users so long as ISKRA holds a valid license to the intellectual property. If such license terminates, ISKRA, and by extension the User, may not have any rights to the underlying embedded intellectual property in the User's owned Platform Asset, and the underlying embedded intellectual property may be changed or removed at ISKRA's determination.
5.6. User’s Age.
USER AFFIRMS HE/SHE IS OVER THE AGE OF 18, AS THE ISKRA SERVICES AND ISKRA SERVICES ARE NOT INTENDED FOR CHILDREN UNDER AGE 18.
5.7. Responsibility for Conduct.
User takes responsibility for all activities that occur under its ISKRA Services and for its use of the ISKRA Services, and User accepts all risks of any authorized or unauthorized access to its ISKRA Services, to the maximum extent permitted by law. User represents and warrants that the User is familiar with and accepts the risks associated with digital Apps and private keys, including the risks described herein. User is solely responsible for its own conduct while accessing or using the ISKRA Services or ISKRA Blockchain, and for any consequences thereof. User agrees to use the ISKRA Services and ISKRA Blockchain for purposes that are legal, proper and in accordance with the Term and any applicable laws or regulations. By way of example, and not as a limitation, User may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the ISKRA Services any content that infringes the intellectual proprietary rights of any party; (v) use the ISKRA Services to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the ISKRA Services or ISKRA Blockchain; (viii) exploit the ISKRA Services for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the ISKRA Services; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the ISKRA Services or ISKRA Blockchain or any part of it; (xi) reformat or frame any portion of the ISKRA Services; (xii) display any content on the ISKRA Services or ISKRA Blockchain that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the ISKRA Services or the content posted on the ISKRA Services, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; (xv) trick, defraud, or mislead ISKRA or Users, with specific to an attempt to learn sensitive account information; (xvi) attempt to impersonate another User; (xvii) attempt to bypass any security measure of the Site; (xvii) copy or adapt the Site; or, (xviii) disparage, tarnish, or otherwise harm, in ISKRA’s sole discretion, ISKRA and/or the Site.
5.8. Representations Made By User.
User acknowledges and agrees that the ISKRA Services, including but not limited to the Pioneer NFT and ISKRA Reward, ARE NOT being sold as an investment by or of ISKRA. THE USER UNDERSTANDS THAT ANY REPRESENTATIONS MADE BY THE USER AT ANY TIME THAT ANY OF THE ISKRA SERVICES ARE AN INVESTMENT IN ISKRA (OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IN GENERAL) TO OTHERS IN A DIRECT ATTEMPT TO MARKET ISKRA SERVICES IN COORDINATION WITH SUPPLYING USER’S REFERRAL LINK IS A DIRECT BREACH OF THE TERM. A determination of same will be made at the sole discretion of ISKRA.
5.9. Pioneer NFT Representations
ISKRA and the User recognize that the SOLE AND ONLY purpose of the Pioneer NFT is to support the ISKRA games node ecosystem. Nothing contained in the Term, exhibit to the Term, or any representation made outside of the Term, conveys on the User any ownership interests in ISKRA or its subsidiaries, or interests otherwise in the ISKRA (including, but not limited to voting rights in the ISKRA), nor any expectation of profits from the efforts of the ISKRA or its principals or subsidiaries. The User understands that while it may from time to time receive rewards in line with the distribution schedule of the node ecosystem (“Distribution Rewards'') (subject to change), said reward is solely earned because of and as a direct result of work accomplished and performed by the User (i.e., work done by the Pioneer NFT). The User recognizes that should the User never actually run the Pioneer NFT, it will receive no rewards. ISKRA has no control of the method in which rewards are distributed to the Pioneer NFT. It is anticipated that the Pioneer NFT will be able to be sold or transferred in the future as NFT, however, ISKRA cannot and does not warrant or represent that the resale value of the nodes will be higher than the purchase price should this event occur, nor that it will be legally possible to do so. Further, ISKRA cannot and does not warrant or represent that there will ever be a resale value or capability of the Pioneer NFT.
5.10. Play to Earn Mechanisms
If the User elects to engage in any play to earn mechanism (including, but not limited to, any mechanism that permits the User to play any games or use any ISKRA Services, Site or otherwise), the User will be responsible to pay any and all sales, use, value-added or other taxes, duties and assessments now or hereinafter claimed or imposed by any governmental authority.
The User will reimburse ISKRA for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to the Term.
User is solely responsible for determining what, if any, taxes apply to User and play to earn mechanisms, and any other transactions conducted by the User.
ISKRA does not act as a withholding tax agent in any circumstances.
User further understands and acknowledges that ISKRA is not responsible, and User accepts sole responsibility for any and all missed ISKRA Reward or otherwise, regardless of the source of any error, fault or otherwise. Any and all play to earn mechanisms in place (including, but not limited to, the method, amounts or otherwise) are not permanent and may or may not be changed at the sole discretion of ISKRA at any time.
6. TERMINATION6.1. General.
ISKRA may suspend or terminate the User’s right to access or use ISKRA Services immediately and without notice if: (i) ISKRA determines the User’s use of the ISKRA Services poses a security risk to ISKRA Services or any third party, could adversely impact ISKRA, ISKRA Services, ISKRA Blockchain or any other ISKRA users, or could subject ISKRA, its affiliates, or any third party to liability, or could be fraudulent; (ii) the User is in breach of the Term; (iii) the User initiated a chargeback or dispute with respect to any payment or purchase of the ISKRA Services; (iv) the User has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; or (v) for any other reason at ISKRA’s discretion.
6.2. Effect of Suspension.
If ISKRA suspends the User’s right to access or use any portion or all of the ISKRA Services, the User shall remain responsible for all fees and charges the User incurs during the period of suspension, including any Maintenance Fees and Blockchain Transaction Fees; and the User may be in violation of the User’s hosting agreement or the blockchain protocols, which may prevent or limit the User’s entitlement or access to any results or rewards that may have occurred during the User’s suspension of the ISKRA Services. User agrees to pay any fee charged by ISKRA to reconnect the ISKRA Services.
6.3. Effect of Termination.
If ISKRA terminates the User’s right to access or use any portion or all of the ISKRA Services, then all of the User’s rights under the Term immediately terminate and the User shall remain responsible for all fees owed to ISKRA incurred through the termination date.
7. TAXESEach party is responsible for any taxes for their own, and has the right to withhold or deduction under the applicable laws. The User will be liable to pay or reimburse ISKRA for any fees, taxes, interest, penalties or fines which may arise from any mis-declaration made by the User.
9. REPRESENTATIONS AND WARRANTIESEach party represents and warrants that: (i) it has full power and authority to enter into the Term; and (ii) it will comply with all laws and regulations applicable to its provision or use of ISKRA Services. USER ACKNOWLEDGES AND AGREES THAT USER DOES NOT RESIDE IN ANY REGION THAT EXPLICITLY BANS THE USE OF LOOT BOXES IN GAMES IN ACCORDANCE WITH GAMBLING LAWS.
10. DISCLOSURES & RISKS10.1. ISKRA notifies each User of certain disclosures and risks associated with blockchain NFT and digital rewards and their associated technology and protocols. ISKRA Services are not an investment product, and no action, notice, communication by any means, or omission by ISKRA shall be understood or interpreted as such. ISKRA has no influence whatsoever on the ISKRA Blockchain, the transactions and consensus protocols, or the NFTs or digital rewards, including the ISKRA Reward. Ownership of a ISKRA Services or game node or the use of ISKRA Services does not represent or constitute any ownership right or stake, share or security, debt or equivalent right, or any right to receive any future revenue or form of participation in or relating to any blockchain or digital reward, including the ISKRA Blockchain or ISKRA Reward.
10.2. Digital rewards are not considered legal tender, are not issued or backed by any government, and have fewer regulatory protections than traditional currency. Moreover, digital rewards are not insured against theft or loss by any insurance corporation or any investor protection, including the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
10.3. The value of NFTs and digital rewards are derived from supply and demand in the global marketplace, which can rise or fall independent of any government currency. Holding NFTs and digital rewards carries exchange rate and other types of risk. The value of NFTs and digital rewards may be derived from the continued willingness of market participants to exchange traditional government currency for digital rewards, which may result in the potential for permanent and total loss of value of a particular digital reward should the market disappear. The volatility and unpredictability of the price and value of NFTs and digital rewards, relative to government currency, may result in significant loss over a short period of time. ISKRA cannot guarantee or warrant the value of any NFT, digital reward or blockchain, including the ISKRA Blockchain and ISKRA Reward, and explicitly warns the User that that there is no reason to believe that any NFT or blockchain reward will increase in value, and that they may hold no value, decrease in value, or entirely lose value.
10.4. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual NFTs and blockchain rewards. The regulatory status of cryptographic tokens, digital assets and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governmental authorities will regulate such technologies. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect cryptographic tokens, digital assets, blockchain technology and its applications. Such changes could negatively impact the ISKRA Services in various ways, including, for example, through a determination that any of the above are regulated financial instruments that require registration. ISKRA may cease any distribution of any of the above, the development of the ISKRA games platform or cease operations in a jurisdiction in the event that governmental actions make it unlawful or commercially undesirable to continue to do so. The industry in which ISKRA operates is new, and may be subject to heightened oversight and scrutiny, including investigations or enforcement actions. There can be no assurance that governmental, quasi-governmental, regulatory or other similar types of (including banking) authorities will not examine the operations of ISKRA and/or pursue enforcement actions against ISKRA. Such governmental activities may or may not be the result of targeting ISKRA in particular. All of this may subject ISKRA to judgments, settlements, fines or penalties, or cause ISKRA to restructure its operations and activities or to cease offering certain products or services, all of which could harm ISKRA’s reputation or lead to higher operational costs, which may in turn have a material adverse effect on the ISKRA Services.
10.5. Virtual NFT and digital reward transactions may be irreversible and losses due to fraudulent or accidental transactions may not be recoverable. Some virtual transactions are deemed to be made when recorded on a public ledger, which may not necessarily be the date or time the user initiated the transaction. The nature of such virtual transactions may lead to an increased risk of fraud or cyber-attacks.
10.6. Changes to Pioneer NFT Network.
ISKRA and User recognize that from time to time amendments will be made to the Pioneer NFT Network. ISKRA and User both specifically agree that ISKRA will, from time to time, present the Pioneer NFT Network with proposed amendments (the “Proposed Amendments'') that the Node Network will then vote on whether to implement or not (the “Governance Vote”). The User understands that the Proposed Amendments will be made at the discretion of ISKRA, and ISKRA owes the User no duty or obligation to make proposals in its best interests. The User specifically understands that there may come a time when ISKRA proposes an amendment that is not in or in direct opposition to the User’s best interests, financial or otherwise (including, but not limited to a change in the distribution calculation), and the User has no legal recourse against ISKRA should any Proposed Amendment be approved and implemented through the Governance Vote. The User’s only recourse is to vote against said Proposed Amendment. ISKRA and the User both agree that one such Proposed Amendment may be to change the specifications, including, but not limited to the internet connection, Random Access Memory, Central Processing Unit requirements, extra space, and any other requirements needed to run the nodes (the “Specifications”). ISKRA and User further agree that while the Specifications may be minimal on the effective date of the Term, this is subject to change through the Proposed Amendment and the Governance Vote. While ISKRA does represent and covenant that the Pioneer NFT will always be able to be run using the current specifications, ISKRA does not and cannot represent or covenant that any rewards earned (financial or otherwise) for doing so are not subject to change.
11. DISCLAIMEREXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ISKRA, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. ISKRA, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA, NFT AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF ISKRA SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL REWARDS. NEITHER ISKRA, ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF ISKRA SERVICES, ISKRA BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE ERROR-FREE OR UNINTERRUPTED. ISKRA, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.
12. LIMITATION OF LIABILITY12.1. Limitation of Indirect Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISKRA SHALL NOT BE LIABLE UNDER THE TERMFOR LOST REVENUES, OPPORTUNITY COSTS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ISKRA KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO VIOLATIONS OF ISKRA’S INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATION OBLIGATIONS, OR THE USER’S PAYMENT OBLIGATIONS.
12.2. Limitation of Amount of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER ISKRA NOR ITS AFFILIATES OR SUPPLIERS, MAY BE HELD LIABLE UNDER THE TERM FOR MORE THAN THE AMOUNT PAID BY THE USER TO ISKRA UNDER THE TERM FOR THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, MINUS ANY REWARDS GENERATED OR RECEIVED BY THE USER AS A RESULT OF THE USE OF ISKRA SERVICES.
13. INDEMNIFICATIONUnless prohibited by applicable laws, the User will defend and indemnify ISKRA and its affiliates against any settlement amounts approved by the User and damages and costs finally awarded against the User and its affiliates by a court of competent jurisdiction in any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding) to the extent arising from the User’s use of ISKRA Services.
14. MISCELLANEOUS.14.1. Assignment.
The User shall not assign or otherwise transfer the User’s rights and obligations under the Term, without the prior written consent of ISKRA, which may be withheld in sole discretion of ISKRA. Any assignment or transfer in violation of this section will be void. At any time and without the need for User’s consent, ISKRA may assign any obligation, right or any part of the Terms. Subject to the foregoing, the Term shall be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns. The User may not merge any part of the Term with any other agreement with which ISKRA or its affiliate may be a party.
Any dispute, controversy, difference or claim arising out of or relating to the Term or relating in any way to the User’s use of Site or ISKRA Services, the matter shall be referred to and finally resolved by arbitration before a single arbitrator to be held in Singapore International Arbitration Center in accordance with Rules of the center.
The decision of the arbitrator is final and binding on the parties, and enforceable in a court of competent jurisdiction. The prevailing party shall be entitled to costs and reasonable attorneys’ fees for the arbitration. Notwithstanding the foregoing ISKRA and the User agree that ISKRA may bring suit in any court of law to enjoin infringement or other misuse of ISKRA’s intellectual property rights.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER ACKNOWLEDGES THAT, BY AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
14.3. Entire Agreement.
The Term sets out all the terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into the Term, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in these Term. The terms may be updated on Sites.
14.4. Force Majeure.
ISKRA and its affiliates will not be liable for any failure or delay in performance of obligation under the Term where the failures or delay results from any cause beyond reasonable control, including, but not limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Force Majeure events include, but are not limited to, upgrades to the validation rules of a given blockchain.
14.5. Governing Law.
Any claim or dispute between the User and ISKRA arising out of or relating to the User’s use of Site, ISKRA Services, or the Term, in whole or in part, shall be governed by the laws of British Virgin Islands.
All communications and notices made or given pursuant to the Term must be in the English language. If any communication has been made in any language other than the English language, the English language version will control if there is any conflict between different language versions.
14.7. Notices to the User and ISKRA.
ISKRA may provide any notice to the User under the Term by: (i) posting a notice on Site (www.iskra.world); or (ii) sending a message to the email address associated with the User’s account. Notices provided on Site will be effective upon posting and notices provided by email will be effective when the email is sent. It is the User’s responsibility to keep the User’s email address current. To give ISKRA notice under the Term, the User must contact ISKRA by email@example.com ISKRA may update the address for notices by posting on the Site.
If any portion of the Term is held to be invalid or unenforceable, the remaining portions will remain in full force and effect.
14.9 Posting, Application and Amendment
If a User does not agree to any proposed supplement, variation or amendment, the User may express his/her/its objection before the Effective Date of Change and terminate the ISKRA Services. Users who do not raise any opposition to any proposed supplement, variation or amendment shall be deemed to have agreed to such supplement, modification or change.
The continued access or use of the ISKRA Services and the account by the User on or after the Effective Date of Change constitutes User's agreement to be legally bound by the User Agreement, as supplemented, varied or amended. Therefore, it is the User's responsibility to (a) review the latest versions of each document forming the User Agreement; (b) raise any objection; and (c) ensure that he/she/it does not use the ISKRA Services on or after the Effective Date of Change, if the User has any objection or concerns to any of the amendment.
In the event that a User does not agree to any proposed supplement, variation or amendment, ISKRA reserves the right to suspend or terminate any ISKRA Services (even if the User does not exercise his/her/its right to terminate the ISKRA Services), and in such event, the User must stop using the ISKRA Services and/or his/her/its account.