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Netcore Crypto Inc. End User License Agreement

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you”, or “your”) and Netcore Crypto Inc. (“Netcore Crypto”, “we”, “us”, and “our”). This Agreement governs your use of the Netcore Crypto website and any associated online products, platforms, applications, software, data, computer code, intellectual property, algorithms, formulas, tools, methods, or services (the “Service”). The Service is licensed, not sold, to you.

By visiting the Website or otherwise using the Service, and clicking the “Accept” button, You represent and warrant that You, your financial institutions, or any entity You own or control, or, if You are authorized to act on behalf of an entity, the entity that owns or controls You, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to lists maintained by the United Nations Security Council, the U.S. Government (including without limitation, the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority, and not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.

BY VISITING THE WEBSITE OR OTHERWISE USING THE SERVICE, AND CLICKING THE “ACCEPT” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE SERVICE.

  1. License Grant. Subject your strict compliance with all terms and conditions set forth in this Agreement, Netcore Crypto grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license during the term of this Agreement to:
    1. install, access, and use the Service via the Netcore Crypto website (“Website”) only for the specific purposes identified herein; and
    2. install, access, and use the User Content made available in or otherwise accessible through the Service, strictly in accordance with this Agreement, and any additional terms applicable to such User Content as set forth in Section 7.
  2. License Restrictions. You shall not:
    1. download, copy, or re-transmit any or all of the Service or the User Content without, or in violation of, a written license or agreement with Netcore Crypto or the applicable third party licensor;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Service or User Content;
    3. use any data mining, robots or similar data gathering or extraction methods;
    4. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof;
    5. manipulate or otherwise display the Service by using framing or similar navigational technology;
    6. register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party for any Netcore Crypto product or service if you are not expressly authorized by such party to do so;
    7. use the Service or the User Content other than for its intended purpose, as determined solely in Netcore Crypto’ discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information;
    8. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service or User Content, including any copy thereof;
    9. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, any features or functionality of the Service, or User Content to any third party for any reason except as expressly authorized herein, including by making the Service or User Content available on a network where it is capable of being accessed by more than one device at any time;
    10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service or the User Content; or
    11. interfere with the security of, or otherwise abuse the Service or any system resources, services or networks connected to or accessible through the Service.
  3. Service Restrictions. While using the Services You agree:
    1. to keep intact all trademark, copyright, and other intellectual property or other notices contained in the Services;
    2. to not use the Services in a manner that suggests an unauthorized association with any products, services, or brands;
    3. to not make any modifications to the Services;
    4. to not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of Netcore Crypto or, in the case of content from a licensor, the owner of the content; and
    5. to not insert any code or product to manipulate such Services in any way that adversely affects the Services.
  4. Reservation of Rights. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under this Agreement, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Netcore Crypto reserves and shall retain its entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Service, Netcore Crypto may use automatic means (including, for example, cookies and web beacons) to collect information about your device accessing the Service and about your use of the Service. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Service or certain of its features or functionality, and the Service may provide you with opportunities to share information about yourself with other users of the Service. All information we collect through or in connection with the Service is subject to our Privacy Policy (https://www.netcore.network/privacy-policy). By downloading, installing, using, and providing information to or through the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  6. Third-Party Materials, Sites. The Service may include software, content, data, or other materials, including related documentation, that are owned by parties other than Netcore Crypto and that are provided to you on licensee terms that are in addition to and/or different from those contained in this Agreement (“Third-Party Licenses”). A list of all materials, if any, included in the Service and provided under Third-Party Licenses can be found at https://www.netcore.network and the applicable Third-Party Licenses are accessible via links therefrom. You are bound by and shall comply with all applicable Third-Party Licenses. Any breach by End User of any Third-Party License is also a breach of this Agreement. The Service may provide, or third parties may provide, links to other sites and resources on the Internet. Netcore Crypto has no control over such sites and resources and Netcore Crypto is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Netcore Crypto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource. If you use the Service to access third party sites, you do so at your own risk and your use of such sites may be subject to such third party’s terms.
  7. User Functionality. You agree that Netcore Crypto has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Netcore Crypto reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Netcore Crypto reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. End User is responsible and liable for all uses of the Service through access thereto provided by End User, directly or indirectly. Specifically, and without limiting the generality of the foregoing, End User is responsible and liable for all actions and failures to take required actions with respect to the Service by any other person to whom End User may provide access to or use of the Service, whether such access or use is permitted by or in violation of this Agreement.
  8. User Content. The Service includes areas or services in which you or third parties create, post or store content on the Service. You are solely responsible for your use of such areas and use them at your own risk. By using the Service, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service any of the following:
    1. Any photos, graphics, audio/visual content, messages, comment, data, information, text, music, sound, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
    3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
    4. User Content that includes any information or data that is deemed personal information, personal data, or private information of any third party under or subject to any applicable data protection law or regulation without the prior express written consent of Netcore Crypto;
    5. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
    6. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
    7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
    8. User Content that, in the sole judgment of Netcore Crypto, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which adversely affects the availability of its resources to other users, or which may expose Netcore Crypto or its users to any harm or liability of any type.

    Further, you agree not to delete or revise any User Content posted by any other user. Netcore Crypto takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any other user, or for any loss or damage thereto, nor is Netcore Crypto liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of User Content posted by another user is at your own risk. You acknowledge and agree that Netcore Crypto is not responsible for any User Content, licensed by you or otherwise, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Netcore Crypto does not assume and will not have any liability or responsibility to you or any other person or entity for any User Content. Although Netcore Crypto has no obligation to screen, edit or monitor any of the User Content posted, Netcore Crypto reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Service. You acknowledge and agree that Netcore Crypto may access, use, disclose, or delete any information about you or your use of this Service, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Netcore Crypto; or to protect the safety of our company, employees, customers or the public. If you post User Content to the Service, unless we indicate otherwise, you grant Netcore Crypto and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Netcore Crypto and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Service; (ii) the User Content you post is accurate and not misleading; and (iii) use and posting of the User Content you supply does not violate this Agreement, will not violate any applicable laws, including without limitation laws governing intellectual property rights, and will not violate rights of or cause injury to any person or entity.

  9. Intellectual Property. The Service is owned by Netcore Crypto. Unless otherwise indicated, all of the content featured or displayed on the Service, including, but not limited to, photographic images, illustrations, graphics, data, text, moving images, sound, software, algorithms, formulas, tools, data, code, methods and the selection and arrangement thereof (“Netcore Crypto Content”), is owned by Netcore Crypto, its licensors, or its users. All elements of the Services, including the Netcore Crypto Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them. You may not use a Netcore Crypto logo or other proprietary graphic of Netcore Crypto to link to the Service without the express written permission of Netcore Crypto. Further, you may not frame any Netcore Crypto trademark, logo or other proprietary information, including the Netcore Crypto Content, without Netcore Crypto’ express written consent.
  10. Registration Data and Account Security. In consideration of your use of the Service, you agree to:
    1. provide accurate, current and complete information about you as may be prompted by any registration forms in the Service (“Registration Data”);
    2. maintain and promptly update the Registration Data, and any other information you provide to Netcore Crypto, to keep it accurate, current and complete;
    3. maintain the security of your password and identification;
    4. notify Netcore Crypto immediately of any unauthorized use of your account or other breach of security;
    5. accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and
    6. accept all risks of unauthorized access to the Registration Data and any other information you provide to Netcore Crypto.
  11. Mobile Device Service. The Service is available via a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Service, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Service may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Netcore Crypto account information to ensure that your messages are not sent to the person that acquires your old number.
  12. Updates. Netcore Crypto may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Netcore Crypto has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
    1. the Service will automatically download and install all available Updates; or
    2. you may receive notice of or be prompted to download and install available Updates.

    You shall promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of this Agreement.

  13. Virtual Private Networks. You agree not to circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any Services available on or through the Services, including through the use of virtual private networks. If You are blocked by Netcore Crypto from accessing the Services (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address or virtual private network).
  14. Data Gathering. You agree not to engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Use of any such tools or methods may result in Netcore Crypto suspending or terminating Your access to the Services.
  15. Consent to Electronic Communications. By agreeing to these Terms You expressly consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that We provide in connection with Your Account and/or the Service. You agree we may provide these Communications to You by posting them via the Services, by emailing them to You at the email address we have on file, and/or by sending an SMS or text message to the mobile phone number We have on file. You expressly agree that the Communications may include pre-recorded messages or artificial voice and calls and messages delivered using automatic telephone dialing systems or an automatic texting system to any phone number You have provided to Us, including any mobile phone number in a public or nonpublic database. Your carrier’s normal, messaging, data, and other rates and fees may apply to any Communications sent to Your mobile phone. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through the support email admin@netcore.network to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below). You may withdraw Your consent to receive electronic Communications by sending notice to the support email. If You withdraw Your consent to receive Electronic Communications, We may suspend or terminate Your use of the Services.
  16. Consent to Electronic Signatures. You agree and consent to use electronic signatures in transactions related to the Service. You may withdraw Your consent to use electronic signatures in transactions related to the Service by sending notice to the support email admin@netcore.network. If You withdraw Your consent to use electronic signatures in transactions related to the Service, We may suspend or terminate Your use of the Service.
  17. Hardware and Software Requirements. By agreeing to these Terms You confirm that You have access to the Necessary Equipment to receive, open, print, electronically sign, or download a copy of any Communications for Your records. The Necessary Equipment includes a valid email address, and access to a computer, mobile device, operating system, and telecommunication connections to the internet capable of receiving, accessing, displaying, and printing or storing Communications electronically. The computer or mobile device must also have a modern up-to-date web browser that supports the latest encryption protocols and security standards. If You wish to use our phone application for Communications You must acquire a smart phone operating current operating systems supported by the application. We will notify You of any changes to these requirements that create a risk that You may not be able to receive Communications electronically. You agree it is Your responsibility to inform Us of any change to Your email address and/or phone number on file with Us. You understand and agree that if We send You an electronic Communication but You do not receive it because Your email address or phone number on file is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic Communications, We will be deemed as having provided the Communication to You.
  18. Term and Termination.
    1. The term of Agreement commences when you download or otherwise access the Service and will continue in effect until terminated by you or Netcore Crypto as set forth in this Section 13.
    2. You may terminate this Agreement by deleting the Service and all copies thereof from your device, deactivating your account, and refraining from further use of the Service.
    3. Netcore Crypto may terminate this Agreement at any time without notice if it ceases to support the Service, which Netcore Crypto may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    4. Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Service and delete all copies of the Service from your device and deactivate your account.
    5. Termination will not limit any of Netcore Crypto’ rights or remedies at law or in equity.
  19. Disclaimer of Warranties. THE SERVICE AND USER CONTENT IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NETCORE CRYPTO, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE AND USER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NETCORE CRYPTO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE OR USER CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  20. Limitation of Liability. IN NO EVENT SHALL NETCORE CRYPTO, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, USER CONTENT, THE NETCORE CRYPTO CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY END USER ON ANY INFORMATION OBTAINED FROM NETCORE CRYPTO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NETCORE CRYPTO’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NETCORE CRYPTO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE OR USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NETCORE CRYPTO FOR ACCESS TO OR USE OF THE SERVICE.
  21. Indemnification. You agree to indemnify, defend, and hold harmless Netcore Crypto and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Service or User Content, your use or inability to use the Service or User Content, or your breach of this Agreement, including but not limited to the User Content you submit or make available through the Service, or of any representation or warranty contained herein, your unauthorized use of any User Content, or your violation of any rights of another.
  22. Notice and Procedure for Making Claims of Infringement. Netcore Crypto respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide a written communication addressed to our designated agent as follows:

    Netcore Crypto Inc.
    Attention: Copyright Agent
    140 Elgin Ave
    Manchester NH 03104

    If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), which includes the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the Service;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    7. your physical or electronic signature;
    8. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    9. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    10. your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Franklin County, Ohio and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    11. If a counter-notice is received by the Copyright Agent, Netcore Crypto will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Netcore Crypto’ sole discretion.

    In accordance with the DMCA and other applicable law, Netcore Crypto has adopted a policy of terminating, in appropriate circumstances and at Netcore Crypto’ sole discretion, members who are deemed to be repeat infringers. Netcore Crypto may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  23. Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, Netcore Crypto reserves the right, without limitation, to:
    1. investigate any suspected breaches of the Services’ security or its information technology or other systems or networks,
    2. investigate any suspected breaches of these Terms,
    3. use any information obtained by Netcore Crypto in accordance with its Privacy Policy (https://www.netcore.network/privacy-policy) in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Netcore Crypto to comply with law enforcement requests or legal requirements in accordance with its Privacy Policy (https://www.netcore.network/privacy-policy),
    4. involve and cooperate with law enforcement authorities in investigating any of the foregoing matters,
    5. prosecute violators of these Terms, and
    6. discontinue the Services, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third-party. Any suspension or termination will not affect Your obligations to Netcore Crypto under these Terms. Upon suspension or termination of Your access to the Services, or upon notice from Netcore Crypto, all rights granted to You under these Terms, will cease immediately, and You agree that you will immediately discontinue use of the Services. The provisions of these Terms which by their nature should survive Your suspension or termination will survive, including the indemnities, releases, disclaimers, limitations on liability and the provisions regarding jurisdiction and choice of law.
  24. Export Controls. You are responsible for complying with all applicable export, sanctions and trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, You agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
  25. Blockchain Network Risks. You understand and acknowledge that Netcore Crypto does not own or control some or all of the underlying software through which blockchain networks are formed and cryptocurrencies or digital assets are created and transacted. Using blockchain based solutions, networks, and protocols may involve serious risk, and You accept any risk, including but not limited to, the fluctuation in the value of any cryptocurrency or digital asset. By using the Services, You understand and acknowledge that We make no guarantee of functionality, security, or availability of such software and networks or the value of any cryptocurrencies or digital assets. Digital asset protocols may be subject to changes in protocol rules (a “Fork”) which can materially affect the value, function, or name of Your cryptocurrencies or digital assets. By using the Services, You understand and acknowledge that Netcore Crypto is not responsible for any forks and may, in our sole discretion, temporarily suspend operations (with or without advance notice to You) and that we may, in our sole discretion decide whether or not to support (or cease supporting) either branch of any forked network entirely.
  26. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  27. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Hampshire in each case located in Concord, New Hampshire. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  28. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  29. YOU AND NETCORE CRYPTO AGREE TO ARBITRATE – RATHER THAN LITIGATE – any and all claims, disputes, or controversies between you and Netcore Crypto, including any parents, subsidiaries, officers, directors, employees, or agents of Netcore Crypto, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory (collectively “Disputes”) that arise out of or in any way relate to these Terms, any of the Services provided hereunder or any other services or products that Netcore Crypto may offer or provide to You in connection with these Terms (including without limitation amounts that Netcore Crypto charges You for services or products provided, any alleged breach related to the collection, retention or disclosure of your personal information, and any alleged violation of our Privacy Policy (https://www.netcore.network/privacy-policy). The term “Dispute” means any and all past, present or future disputes, claims or controversies between You and Netcore Crypto, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or any other legal or equitable theory, and includes, without limitation, any such disputes, claims or controversies arising out of or relating to the validity, enforceability, interpretation and/or scope of this dispute resolution agreement, provided, however, that the term “Dispute” does not include any such disputes, claims or controversies arising out of or relating to the validity, enforceability, interpretation and/or scope of the Class Action, Class Action Arbitration and Collective Arbitration Waivers set forth in Section 31 below, or whether claims to resolve any Disputes must proceed solely on an individual basis, all of which shall be decided by a court of competent jurisdiction, and not by an arbitrator. With that sole exception which shall be broadly construed, the term “Dispute” shall be given the broadest possible meaning. You and Netcore Crypto also agree to arbitrate any and all Disputes that arise out of or relate in any way to any services or products provided to You by Netcore Crypto under any other agreement. Notwithstanding this agreement to arbitrate, You and Netcore Crypto may bring appropriate Disputes against each other in small claims court, if the Dispute falls within the small claims court’s jurisdiction.
  30. Class or Collective Arbitration; Class Action Waiver; Collective Arbitration Waiver. You agree that all Disputes between you and Netcore Crypto will be arbitrated individually, and that there will be no class, collective, coordinated representative, or consolidated actions in arbitration (“Class or Collective Arbitration” as more fully defined below). You further agree that any action or agreement by You to bring claims or to participate in any claims related to a Dispute in a Class or Collective Arbitration is contrary to these Terms. A Class or Collective Arbitration shall include, but is not limited to, any claim (i) to resolve a Dispute involving two (2) or more similar claims for arbitration filed by or on behalf of one or more claimants; (ii) which involves common questions of law or fact; (iii) which involves an agreement to cooperate or coordinate the arbitration demands being asserted against the same defendant(s); and (iv) is initiated at or near the same time. You agree that this Class Action Waiver and Collective Arbitration Waiver shall be binding in any arbitral proceeding. No arbitrator shall have the authority to consolidate, join, or allow the coordination of more than one (1) person’s claims or to preside over a class, collective, mass, or representative proceeding in any form. No arbitrator shall have the authority to determine the enforceability of this Section 31. If you or Netcore Crypto brings a claim in small claims court, the Class Action Waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Netcore Crypto may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or Netcore Crypto. Both parties agree that this Class Action Waiver is an essential part of this arbitration agreement and that if this Class Action Waiver is found to be unenforceable by any court, then the entire arbitration agreement set forth in Sections 29 - 33 will not apply to any Disputes between you and Netcore Crypto except for the provisions of Section 34 waiving the right to a jury trial. This Class Action and Collective Arbitration Waiver may not be severed from our arbitration agreement.
  31. Arbitrator Authority. The arbitration between you and Netcore Crypto will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these Terms. You and Netcore Crypto agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Netcore Crypto. Review of arbitration decisions in the courts is very limited.
  32. Informal Dispute Resolution. You and Netcore Crypto agree that you will try to resolve disputes informally before resorting to arbitration. If you have a dispute, first contact Netcore Crypto here: admin@netcore.network. If an Netcore Crypto representative is unable to resolve your dispute in a timely manner, you agree to then notify Netcore Crypto of the dispute by sending a written description of your claim to Netcore Crypto at admin@netcore.network so that Netcore Crypto can attempt to resolve it with You. If Netcore Crypto does not satisfactorily resolve Your claim within thirty (30) calendar days of receiving written notice to Netcore Crypto of your claim, then you may pursue the claim in arbitration. Neither You nor Netcore Crypto may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If You are sending a written notice of your intent to file for arbitration to Netcore Crypto, please send such notice via U.S. mail to Netcore Crypto Inc., Attn: Dispute Resolution, 140 Elgin Ave., Manchester NH 03104. If Netcore Crypto is sending You a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for You.
  33. Arbitration Procedures. You and Netcore Crypto agree that these Terms and the Services Netcore Crypto provides to you affect interstate commerce and that the Federal Arbitration Act, and not state arbitration laws, applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, You must send a letter requesting arbitration and describing Your claims to Netcore Crypto at admin@netcore.network or via U.S. mail to Netcore Crypto, Attn: Arbitration Inquiry, 140 Elgin Ave., Manchester NH 03104. You must also comply with the AAA’s rules regarding initiation of arbitration.
  34. Jury Trial Waiver. If for any reason this arbitration agreement is found to be unenforceable, You and Netcore Crypto expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between You and Netcore Crypto if, for any reason, the arbitration agreement is not enforced.
  35. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Netcore Crypto with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.
  36. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
  37. Changes to Agreement. Netcore Crypto reserves the right to change any of the terms and conditions contained in this Agreement or any policy or guideline of the Service, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Agreement. Any changes will be effective immediately upon posting on the Service. Your continued use of the Service following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Agreement whenever you use the Service.