Last Updated: 21 December 2023
These Terms of Use (“Terms”) apply to avafoundation.org (the “website”), which is managed by AVA Foundation (“us”, “we”, “our”), a foundation company incorporated in the Cayman Islands.
These Terms constitute a legal agreement between you and us. By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, and that you are of sufficient legal age and have the capacity to enter into a legally binding contract with us. If you do not agree with these Terms, please do not use the website. These Terms shall be read together with the AVA Utility Token Disclaimer which shall be supplemental to these Terms.
1. Website Information
The website provides content for general informational purposes of the AVA utility cryptographic token (“AVA Token”). The information presented on the website is not intended to be a substitute for professional financial or legal advice, or any other type of professional advice. You should not rely solely on the information provided on the website and should seek appropriate professional advice before making any decisions based on the content contained on the website.
We endeavour to ensure the accuracy, completeness and currency of the information on the website, however, we make no warranty regarding the information on the website, especially where that information is provided by third parties. We therefore recommend confirming any information provided on our website by third parties with the relevant third party.
We may, from time to time and without notice, make changes to the website, the information described in it, or these Terms. We however do not undertake to keep the website updated and we will not be liable to you or any other person if the information on the website contains errors, is not up-to-date, or is otherwise relied upon for any reason.
2. Third-party Links
The website may include links to third-party websites for your convenience, though we do not guarantee that these links will always be current or actively maintained. We are not responsible for any interference with or damage to your computer systems resulting from the use of the website or any linked websites. It is your responsibility to take necessary precautions to ensure that any content you access from the website is free from viruses or malware that could disrupt or harm your computer systems.
3. Intellectual Property
All content on the website, including but not limited to text, graphics, images, logos, trademarks, and any other materials, are protected by intellectual property rights owned or licensed by us. You must not reproduce, modify, distribute, display, or otherwise use the content without our prior written consent. Any use, copying or reproduction of the website, the content or any part of it that is not explicitly permitted by us is prohibited, except to the extent permitted by law.
4. Use of the Website
By accessing and using the website, you warrant and represent that you will only use the website for lawful purposes.
When using the website, you agree to not infringe any laws in any jurisdiction, including (without limitation):
I. engaging in any activity that may harm, disrupt, or interfere with the proper functioning of the website;
II. gaining unauthorised access to any part of the website or its underlying systems;
III. posting, uploading, or transmitting any content that is unlawful, offensive, defamatory, or which violates the rights or privacy of others, or may be damaging to our system, a third party’s system, or network security;
IV. using any automated means to access or collect data from the website without our express consent;
V. using the website to defame or libel us, our employees or other individuals;
VI. tampering with or making unauthorised modifications to the website; or
VII. breaching any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties).
If we allow you to post any information to the website, we have the right to take down this information at our sole discretion and without notice.
5. Disclaimer of Warranties
The website is provided on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the website’s content, AVA Token, functionality, or availability. We disclaim all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. Privacy Policy
Our Privacy Policy describes the ways we (if applicable) collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy in the event that your personal information is provided to us.
7. Limitation of Liability
To the maximum extent permitted by law, AVA Foundation and its affiliates, officers, employees, or agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of (or the inability to use) the website, AVA Token or the content provided therein, the disruption to the website or the services, and any act or omission of third parties.
8. Indemnification
You agree to hold harmless and indemnify AVA Foundation and any of our subsidiary and/or affiliate companies, officers, agents, employees, contractors, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys’ fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the website; (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the website; and/or (iv) your negligent or wilful misconduct. You agree that we will have control of the defense or settlement of any such claims
9. Force Majeure
We shall not be liable for any failure or delay in fulfilling or performing any of part of our obligation under these Terms which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, denial of service attacks, hacking, any delay or failure due to any act of God, outbreak of disease, epidemic, pandemic, government directive, act or order, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is substantially beyond our control or not directly caused by us and shall not affect the validity and enforceability of any remaining provisions.
10. Modifications and Termination
We reserve the right to modify, suspend, or terminate the website or any part thereof (including and not limited to any information or terms and conditions in relation to the AVA Token) at any time without notice. We may also revise these Terms from time to time. By continuing to use the website after such changes, you agree to be bound by the revised Terms.
11. Governing Law and Jurisdiction
Your use of the website and these Terms are governed by the law of the Cayman Islands and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Cayman Islands.
12. Assignment
You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger.
13. Waiver
Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorised representative.
14. Entire Agreement and Severability
This Terms supersedes all prior terms, agreements, discussions and writings regarding the use of the website and constitutes the entire agreement between you and us regarding your use of the website. If any part of these Terms is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Terms, which will remain in full force and effect.
15. Contact and Notice
If you have any questions or concerns regarding these Terms, please contact us at [email protected]. You may also send any legal notices to the aforesaid email address.
