Terms of Use – Coinomy.com

1. Introduction
1.1. The use of the website “coinomy.com” (the “Website” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy of the Website and according to any applicable law. By using the Website or engaging with any of the Channels associated with the website, You agree to be bound by the Terms.

1.2. The use of the Website is restricted solely to legal purposes and is restricted to individuals who are legally qualified or corporations. 1.3. The purpose of the Terms is to regulate the relations between the operator of the Website, RG Intelligent Solutions LTD (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.

1.4. The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.

1.5. The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.

1.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.

1.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.8. The Service is active and accessible at all hours of the day at every day, and You may use it at all times. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.

1.9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: hello@coinomy.com. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

2. Definitions
“Content” or “User Content” means the Website, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings and content uploaded by third parties and other Users using the Website.“Service” means the Website, other related services, personal support service if provided, providing of Certificates and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.

“Website Errors” means any interruption in the Website’s availability due to reasons which are not directly controlled by the Operator.“Channels”/ “Marketing Channels” “Social Media” – communication, marketing and community channels associated with the website and its products. Such as Telegram, Youtube, Discord, Twitter and any other channel operated by the Operator or its affiliates.“You” or “Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.“Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.

3. Liability to User Content
3.1. The Operator doesn’t control any Content which may be posted and/or uploaded to the Website or its Channels by third parties including its Users and therefore cannot ensure or guarantee the accuracy and/or quality of such Content appearing in the Website. You understand that during Your use of the Website, You may be exposed to content which may be offensive, disturbing and/or inconvenient to You. Under no circumstances may the Operator be liable for any Content including any error and/or omission of Content and/or for any loss and/or damage of any kind caused by You and/or to You resulting of any of Your use of any Content which was published, uploaded, sent by email and/or available on the Website in any way.

3.2. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or resulting from Your reliance on any Content and Service available in the Website. The User shall have no claim regarding his reliance on such information available on the Website and regarding the fact that based on the information in the Website the User did not use other services including, but not only, obtaining certificates from different entities. You will have no claim regarding information and Content published and available on the Website and the Operator shall not be liable for any information and Content published on the Website and/or information acquired by third parties through the Website.

3.3. In the Website You may find various recommendations including, but not only, information about events. It is clarified that advertising and/or displaying of such content and/or any other things displayed in the Website shall not be considered as a recommendation or encouragement to participate in such events, and the Operator is not liable for any of the Your actions resulting from Your reading of such content available in the Website. It is clarified that such events are not held and/or controlled by the Operator.

3.4. There are some sections in the Website which enable You to post and upload content. You hereby warrant to the Operator that You will not send through the Website to any third party which its details are available in the Website and You will not publish, post and/or upload any content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or Website and/or Service containing viruses, malicious software and harmful Website and/or Services, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically the Website Users.

3.5. Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Website immediately and to block Your access to the Website without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore, in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

4. Intellectual Property

4.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.

4.2. Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.

4.3. You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.

4.4. You may use the Content solely for Your own personal use and not make any commercial use of the Content except for any use related to Your tasks. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.

4.5. You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.

4.6. By using the Website You agree that as long as the Website is active, any of Your User Content will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of the Israeli Copyright Law Act-2007 and/or any other applicable law. It is clarified that the Operator may use any User Content under its sole discretion provided that such use will be reasonable and legal by any applicable law.

4.7. The ownership and the intellectual property rights of contents of third parties including images displayed in the Website are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.

4.8. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: team@coinomy.com

5. Indemnification
You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party’s intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

Use of Personal Information

5.1. The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.

6. Mailings
6.1. The Operator may offer its users to receive service notifications and email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails (the “Mailings”).

6.2. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.

7. OMYX Tokens

7.1 The Operator will issue a non-currency called OMYX, points which will be assigned to certain Users of the Website and its products. 7.2 OMYX is neither currency nor security and does not carry any value, intrinsic or assigned. 7.3 The Operator can add or subtract OMYX balances to user accounts at will. 7.4 OMYX balance shown to user or claimed by user through participating in promotions or others, does not constitute ownership of OMYX. 7.5 The Operator may change the balance of OMYX assigned to a user, based on actions taken in certain circumstances, such as participation in promotional activities or changes to their profile settings. 7.6 The Operator may, at its sole discretion, subtract OMYX balance from user accounts, while assigning these accounts and their owners, certain benefits which may carry value – such as merchandise and other promotional “perks”. 7.7 OMYX does not have intrinsic value, and its amounts, as they appear in the Operator’s databases, may be changed at any time.

8. Security

8.1. The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.

8.2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

9. Term and Termination

9.1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.

9.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of the above the Operator shall, where possible, give reasonable notice of such termination.

9.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.

9.4. The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.

9.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

10. General Terms, Governing Law and Messages

10.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted

10.2. If You have any inquiries regarding the Terms, You may address the Operator via email address: hello@coinomy.com.

10.3. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.

10.4. This Agreement shall be governed by and construed in accordance with the laws of the State of Cyprus. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Cyprus, for any litigation and/or dispute arising out of this Agreement.

10.5. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon 4 hours after sending an email with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.