This Agreement between you and Applicature governs your access to and use of the Applicature Website (the “Website”). By accepting this Agreement, you agree to be bound by and abide by its terms and conditions. Your use of the Applicature Website indicates your continued acceptance of this Agreement. You agree that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. If you do not accept these terms and conditions, you should click the ‘decline’ button and promptly destroy or delete any materials in your possession relating to the Website. In this Agreement, the words “you” and “your” refer to the person accepting this Agreement, and “Applicature” refers to Applicature, Inc. and its affiliates.
Access to the Applicature
Applicature is blockchain development agency. Our cohesive team works on projects in blockchain industry implying development of smart contacts; research, deployment, and customization of blockchain solutions; technical advisory to blockchain companies and technical consultancy on token offerings.
You can also access the Website through certain web portals branded by a third party.
You may not access the Website if you are our direct competitor, except with our prior written consent. In addition, you may not access the Website for any competitive purposes.
Access to the Website is provided via the Internet through the World Wide Web. You are required to supply all software or hardware needed by you to access the Website, such as a computer, an Internet connection and a compatible Web browser software. In addition, you may be required to download and/or install additional software (e.g., certain software plug-ins or software applications) in order to access certain data on the Website.
The Website may contain one or more hyperlinks to third-party websites and services. Applicature and the party that invites you are not responsible for information gathered from, or the use of, any of these third-party websites and services.
Ownership of Applicature
Applicature is only providing you with the right to access and use the Website. Applicature retains sole and exclusive ownership of all right, title and interest in and to the Website and to all modifications and enhancements of the Website, subject only to the rights and privileges expressly granted to you by Applicature through this Agreement. Applicature reserves all rights in and to the Website not expressly granted under this Agreement.
This Website may provide links or references to other websites and resources. Applicature makes no representations, warranties, or other commitments or endorsements whatsoever about any third-party resources that may be referenced, accessible from, or linked to Applicature. In addition, Applicature is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Applicature site. When you access other websites, even one that may contain Applicature logo, please understand that it is independent from Applicature, and that Applicature does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
The Website is protected by U.S. copyright, patent and other U.S. and international laws and international treaty provisions. You may not use, copy, modify or distribute the Website (electronically or otherwise), including the source code for any portion of the Website, or any copy, adaptation, transcription or merged portion thereof, except as expressly authorized by Applicature hereunder or otherwise in writing.
You must not use the Website to harm others or the Website. For example, you must not use the Website to harm, threaten or harass another person, organization or Applicature. You must not: damage, disable, overburden, disrupt or impair the Website (or any network connected to the Website); use any unauthorized means to modify, reroute or gain access to the Website or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider or periodic caching of information stored by Applicature) to access or use the Website. In addition, you promise that you will not and will not encourage or assist any third party to:
(a) use the Website to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate User Data, such as User Data: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (iv) store or transmit any User Data that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
(b) access or attempt to access Applicature’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
(c) cause, as determined by Applicature in its sole discretion, inordinate burden on the Website or Applicature’s system resources or capacity.
You acknowledge that the Website has been developed by Applicature at great expenditure of time, resources and money and are considered proprietary and confidential by Applicature.
Applicature is committed to maintaining the confidentiality of User Data. Applicature will only access and process User Data (a) upon the request of the Applicature client for whom the Website has been provided; (b) at the direction of a User granted access to that data; or (c) as otherwise required by applicable law. Applicature also may use and disclose statistical data regarding the use of the Website; however, no User, client or particular transaction shall be identified in connection with such statistics.
Termination; Access to Website
Either you or Applicature may terminate this Agreement, your access to the Website (in whole or in part) at any time with immediate effect by providing notice of such termination to Applicature or the party who has contracted with Applicature for the Website. Without limiting the foregoing, Applicature may immediately suspend your access to the Website or any utility used by you to access or use the Website if your use of the Website or that utility (a) may, in Applicature’s reasonable opinion, impair the ability of other Users to access or use the Website, or (b) is, in Applicature’s reasonable opinion, in violation of any federal, state, local or foreign laws, rules, regulations and ordinances, (c) if you violated the terms of this agreement.
Upon termination of this Agreement, the License granted pursuant to this Agreement will terminate, and you must immediately cease all access to and use of the Website through any means. Upon termination of this Agreement for any reason or upon discontinuance or abandonment of your use of the Website, you must promptly destroy all materials in your possession pertaining to the Website (including all copies thereof and any proprietary software Applicature provided to you, but not including any User Data which is rightfully in your possession). You agree to promptly provide Applicature with written certification of your compliance with the terms of this paragraph upon Applicature’s request.
Compliance with Laws
You acknowledge and agree that your access to and use of the Website may be subject to applicable foreign, federal, state and/or local laws, ordinances, rules and regulations, including without limitation, the rules and regulations of foreign, federal, state and/or local agencies, such as the Federal Communications Commission and/or the Securities and Exchange Commission (each such agency, a “Regulatory Agency”). You agree to comply with all laws, ordinances, rules, regulations and/or requirements imposed by any government or Regulatory Agency on your use, transmission and disclosure of any data or information via the Website. You also represent and warrant that any data, media or other content you disseminate through the Website does not violate the intellectual property rights or other rights of any third party.
You acknowledge that the transmission of data via the Website is subject to the likelihood of human and machine errors, omissions, delays and losses (including but not limited to viruses or inadvertent loss of data or damage to media) that may give rise to loss or damage. Applicature will not be liable for any such errors, omissions, delays or losses, except to the extent caused by its gross negligence or willful misconduct (and subject to all other terms and conditions of this Agreement).
When a visitor accesses data on the Website (e.g. a publication, comment or attachments to a publication or comment), a copy of that data is copied to that visitor’s local computer (this is called “caching” and is part of how web browsers work). Caching is used to improve the speed of the Website when you repeatedly access graphics or data during a session. Once pages and/or data have been cached on your local computer that data is beyond the control of Applicature and may be accessible to anyone with access to your computer. Each visitor assumes all risk and liability associated with any data cached to that visitor’s local computer. Applicature strongly recommends that you empty your web browser cache when you log out of Applicature session to ensure that any cached files from your Applicature session are deleted from your computer.
This Agreement is governed by, and construed in accordance with, the laws of California, United States of America, without regard to conflict of law rules. The parties hereto (a) consent to the exclusive jurisdiction of the California State Court.(b) consent that any process or notice or motion or other application to the court or judge thereof may be served within or without the State of California by registered or certified mail or internationally-recognized courier service, or by personal service, provided a reasonable time for appearance is allowed.
You may not assign, novate or otherwise transfer any rights or obligations under this Agreement without Applicature’s prior written consent. Any attempted or purported assignment, delegation or other transfer by you without such consent shall be void.
Changes to this Agreement
Applicature will have the right to modify this Agreement from time to time. Applicature will notify you of any such material modification by posting a notice on the Website that Applicature has so modified the Agreement. You understand and agree that your continued use of the Website following the posting of such notice indicates your acceptance of any such modifications, which will become a part of this Agreement. We will not post notification of non-material changes.
BY ACCEPTING THIS AGREEMENT AND CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.