These Terms of Use and the applicable Privacy Policy (collectively, “Terms”) are applicable to all users of AXEL applications and software (for example, any AXEL-branded application that is downloaded from an application store or from AXEL sites, and any program that connects to or provides access to the AXEL Network such as the internet URLs go.axel.network, axelgo.app, and www.axel.org; hereinafter, these applications and software are individually and collectively referred to as “AXEL Application” or “AXEL Applications”). AXEL Go is specifically noted as included as an “AXEL Application” that provides access to the AXEL Network. These Terms are also applicable to any user that signs up for an account on the AXEL Network, whether on an AXEL Application, or through the internet, such as at the URLs go.axel.network, axelgo.app, and www.axel.org. The Terms apply both to individual users as well as entities, to the extent an individual uses an AXEL Application on behalf of an entity.
Please note that additional terms may apply to the AXEL Wallet (and the applications used to access and operate it) and any AXEL websites. The present Terms are not intended to supersede those.
If you do not wish to be subject to our Terms, then you must not use any AXEL Application. By continuing, you agree to accept these Terms. These Terms are supplemental to, and not intended to contradict or replace applicable laws.
Last updated: March 9, 2021
Using any AXEL Application does not give you ownership of any intellectual property rights in any AXEL Application or any content. You may not use content accessible on any AXEL Application unless you have permission to do so by the owner of the content, or as otherwise permitted by law.
AXEL grants its users a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the AXEL Applications, solely for purposes approved by AXEL. All other right, title, and interest in the AXEL Applications, as well as the AXEL Network, is exclusively the property of AXEL.
If you use content posted on any AXEL Application in an unauthorized fashion, you agree to indemnify, hold harmless, and defend AXEL, its directors, officers, employees, subsidiaries, parents, licensors, and content providers, with respect to all damages, costs, and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of such unauthorized use.
The content concerning AXEL or an AXEL Application, whether available on an application itself or elsewhere, such as on an AXEL website, is for informational purposes only and should not be viewed to constitute an offer for sale of any item. You must not rely on any information posted in using or purchasing any item or service associated with AXEL. To the extent that any AXEL entity offers an item for sale, such sale will occur under whatever information or terms and conditions are distributed or agreed to for that particular sale. To the extent that such information or terms and conditions are inconsistent with the information elsewhere, then the information or terms and conditions distributed or agreed to for that particular sale shall control.
The foregoing includes, without limitation, any statements concerning AXEL Tokens. Unless AXEL explicitly states otherwise, no information provided to you should be considered to constitute an offer to sell tokens.
Any reference by AXEL or any of its directors, officers, employees, subsidiaries, parents, licensors, and content providers to another entity or any service (other than a service provided by AXEL) should not be considered to be an endorsement. This includes any information or links provided by AXEL concerning another entity or service. AXEL makes no warranties or representations about any aspect of any other entity or service. You should investigate any other entity or service on your own before engagement or use. AXEL disclaims all liability for any service provided by any other person or entity. This disclaimer specifically includes any exchange that may allow for the acquisition or trading of AXEL Tokens or any service that relates in any way to the hosting or operation of AXEL Masternodes.
AXEL makes no commitments about any content it provides, whether on an AXEL Application or on any AXEL website, including as to the accuracy of content. AXEL also makes no commitments about the reliability, availability, or ability to meet your needs of any AXEL Application. While AXEL endeavors to keep its network and AXEL Applications operable, it may be the case that one or more AXEL Applications, or even the entire AXEL Network may become inoperable, and that such inoperability may extend for a lengthy period of time, or even permanently. Such inoperability could be caused by AXEL or outside actors, or by predictable or unpredictable factors. All users of AXEL Applications use them at their own risk. AXEL does not recommend that any data be stored exclusively on AXEL Applications without any backup. For example, if a user is terminated, suspended for any reason, or if AXEL elects to deactivate or terminate a user’s account, the user may no longer have access to any data stored on AXEL Applications.
By using an AXEL Application, you expressly acknowledge the possibility that files stored on an AXEL Application may be lost permanently, and that AXEL does not take responsibility for such losses.
You are responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access any AXEL Application or the AXEL Network. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your AXEL account(s) by third-parties. You are responsible for keeping your email address and other contact information up to date in your Account Profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your screen with someone else when you are logged on to your AXEL account. AXEL will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of AXEL and/or failure to follow or act on any notices or alerts that we may send to you.
In connection with your use of the AXEL Applications and the AXEL Network, and your interactions with other users, and third parties you agree and represent you will not undertake any action for any illegal or improper purpose. A non-exhaustive list of such purposes includes usage that is unlawful, unlicensed where a license is required, abusive, fraudulent, infringes intellectual property or other rights, or relates to drugs or adult content. AXEL reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your AXEL account(s) and/or, if applicable, to block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your account is associated with illegal or improper activity.
The use of AXEL Applications is limited to those 13 years of age and older. Those under 13 years of age are not authorized to use any AXEL Application.
AXEL may: (a) suspend, restrict, or terminate your access to any or all of the AXEL Applications, and/or (b) deactivate or cancel your AXEL account(s) if: (i) We are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) We reasonably suspect you of using your AXEL account(s) in connection with any illegal or improper activity; (iii) Use of your AXEL account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) You take any action that AXEL deems as circumventing AXEL’s controls, including, but not limited to, opening multiple AXEL accounts or abusing promotions which AXEL may offer from time to time; or (v) You breach any of AXEL’s Terms of Service.
If AXEL suspends or closes your account, or terminates your use of the AXEL Applications or AXEL Network for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits AXEL from providing you with such notice. You acknowledge that AXEL’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to AXEL’s risk management and security protocols. You agree that AXEL is under no obligation to disclose the details of its risk management and security procedures to you.
For any AXEL account on any AXEL Application that is either on a “basic” plan and/or for which a user does not pay a subscription fee, AXEL will terminate any account that reaches 12 months of inactivity. In addition, the data and files stored in any account terminated for inactivity will be deleted 90 days after the account reaches 12 months of inactivity.
ALL AXEL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXEL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. AXEL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF ITS WEBSITES OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
The total liability of AXEL for any claims relating to any AXEL Application, or any of its websites, including any claim under these terms, is limited to the amount, if any, that you paid to AXEL.
To the maximum extent permitted by law, AXEL will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. In all instances, AXEL will not be liable for any loss or damage that is not reasonably foreseeable.
AXEL disclaims all liability for any service provided by any other person or entity. This disclaimer specifically includes any exchange that may allow for the acquisition or trading of AXEL Tokens or any service that relates in any way to the hosting or operation of AXEL Masternodes.
These Terms applies to all users of any AXEL Application. AXEL may make changes to these Terms from time to time without specifically notifying you. AXEL will post the latest Terms on its websites and, where practicable, on AXEL Applications, but it is up to you to review them before using an AXEL Application. For example, the latest Terms for the AXEL Go application will be posted at the website with the URL axelgo.app. If you continue to use an AXEL Application, your continued use will mean that you have accepted any changes to the Terms.
You and AXEL waive any right to assert any claims against the other as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be ineffective. To the extent that either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action, and that the party that initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
It is the responsibility of each user to inform themselves of and to observe all applicable laws and regulations of any relevant jurisdictions. Prospective users should inform themselves as to the legal requirements and tax consequences within the countries of their citizenship, residence, domicile, and place of business. Each User agrees to seek the advice and counsel of its own financial, legal, and tax advisors.
If there is any dispute arising out of any AXEL Application, including any dispute concerning any of the Terms, you expressly agree that any such dispute shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Nevada, in Clark County, for the resolution of any such dispute.
You and AXEL agree that any cause of action arising out of or related to any AXEL Application must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. For the avoidance of doubt this clause applies equally to causes of action by AXEL and by any person or entity who may bring a claim against AXEL.
If, for any reason, any of these Terms is deemed to be not enforceable, no other terms shall be affected. The remaining terms shall remain enforceable.
You acknowledge that any failure by AXEL to exercise or enforce any legal right or to take action concerning any breach of these Terms shall not constitute a waiver of any rights or remedies otherwise available to AXEL.
If you need to contact us for any reason, then please feel free to do so by emailing us at support@axel.org.
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