TERMS AND CONDITIONS
WELCOME TO ELOOM.ORG WEBSITE
The website www.eloom.org (hereinafter: the “Website”) is owned and operated by the company Eloom Management S.L., Calle Alcaudón 5, 35660 Corralejo, Fuerteventura, Spain (hereinafter “eloom”).
The Website is available directly on Internet at www.eloom.org and may also be available through other addresses or channels.
1. DESCRIPTION OF THE WEBSITE
The Website aims to present eloom, the eloom project, eloom team, eloom whitepaper, as well as to allow the eloom Token Sale.
2. ACCEPTANCE OF THE TERMS
4. USE OF THE WEBSITE
Eloom grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable worldwide license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with these Terms and our policies. All other uses are prohibited without eloom’s prior written consent. Except as otherwise agreed upon, if eloom enables the use of software, content, virtual items or other materials owned or licensed by eloom (“Software and Content”), eloom hereby grants you a non-exclusive, non-transferable, non-sublicensable and revocable worldwide license to access and use the Software and Content solely for personal and non-commercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by eloom or as permitted under applicable law. Any unauthorized use of the Software and Content is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
5. ACCEPTABLE USE
By accessing or using the Website, you agree that you will not: (a) access or use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Website, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behaviour or content; (b) damage, disable, overburden or impair the functionality of the Website in any manner; (c) access or use the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other terms or policies provided in connection with the Website; (d) modify, adapt, hack or emulate the Website; (e) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Website or to extract data or information from the Website; (f) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Website, or third parties; and (g) infringe upon or violate the rights of eloom, our users or any third party. You are entitled to use the Website only in conformity with the laws of your country of residence and of the country from which you access this Website. You may solely make a legal use of this website and any illegal or inappropriate use of the Website is banned. In particular, you agree not to do any of the following in connection with your use of the Website: a) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes on or through the Website; b) upload, post, transmit, distribute or otherwise make available on or through the Website any material that contains software viruses or any other computer code, files, Trojan horses or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other technologies that may harm the Website or the interests or property of the visitors or users of the Website or of eloom; c) copy, modify, or distribute rights or content from the Website, including photos or videos, in any way; d) use any content or information of the Website to compete with eloom; e) commercialize any code (object or source code) or any information or software associated with or available on the Website; f) upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of users or of any third party without the person’s prior explicit consent; g) use the Website in any way that, in the sole judgment of eloom, is objectionable, illegal, inappropriate or which restricts or inhibits any other person from using the Website, or may harm or make liable eloom or the users, including any pornography.
The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Website and content in certain territories and jurisdictions.
7. NETWORK COSTS
You may be charged by your network provider for data services or any other third-party charges as may arise while using the Website and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
8. INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means copyrights, patents, registered design, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, registered or unregistered. The Website is the sole property of eloom and is protected by Intellectual Property Rights in Spain and in foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website. Intellectual Property Rights and all other proprietary rights in the content available on the Website are the exclusive property of eloom and/or its licensors. This includes rights to all software associated with the Website as well as to all layouts, texts and designs displayed on the Website. Nothing in these Terms constitutes a transfer or license of any Intellectual Property Rights. eloom™ is a trademark owned and controlled by eloom. eloom™ trademark may not be copied, imitated or used, in whole or in part, without prior written permission by eloom. All other trademarks, service marks, logos, trade names and any other proprietary designations displayed on the Website are the trademarks or registered trademarks of eloom or of their respective owners and may not be used without permission of eloom or of the trademark holder.
You expressly acknowledge and agree that your access to and use of the Website is at your sole risk. As between you and eloom, to the maximum extent permitted by applicable law, the Website is provided on an “as is” and “as available” and “under Development” basis and eloom expressly disclaims all representations, warranties and conditions (express or implied, oral or written) including and implied warranties of merchantability, fitness for a particular purpose and non-infringement.
All content available on the website, including eloom’s whitepaper, are made available for informational purposes only and should not be contractual or binding in any way for eloom. You should not rely upon this content in any way.
Eloom does not give any warranty in relation to the website, the software and content nor with any function, information published or available on the internet or the website, should it be its availability, accuracy or lawfulness. Eloom shall not verify, update or correct such information. Eloom does not warrant that the website will be available at all times and expressly reserves the possibility to discontinue the website without notice. In addition, eloom does not represent or warrant that (a) the operation of the website will be secure, uninterrupted, error-free or virus-free, or (b) any defects in the website will be corrected. No oral or written information, guidelines or advice given by eloom will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to you.
10. LIMITATIONS OF LIABILITY
These Terms set out the full extent of our obligations and liabilities with respect to the Website. To the maximum extent possible by law, eloom excludes all and any warranty, guaranty and responsibility in relation to, or subsequent to the website and its content. Eloom shall in particular not be reliable for any damages of any kind, including loss of income or data, suffered by the user or any other person, by act of eloom or of a third party. This includes any misuse that would be made of the user’s data or of the user’s content, any virus or other forms of malware transmitted through the website or the server, as well as any non-compliance of users with these terms. Eloom shall have no liability for any personal injury lost profits or other consequential, special, punitive, or incidental damage, arising from or related to your use or inability to use the website. Notwithstanding anything to the contrary in these terms, nothing in these terms excludes or limits our liability for fraud or for death or personal injury caused by our negligence. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. In no event shall the aggregate liability of eloom arising out of or relating to the use of or inability to use the website exceed one hundred euros (100 €). You agree that any claim filed more one (1) month after the discovery of the alleged liability of eloom shall be time-barred.
You agree to defend, indemnify and hold harmless eloom and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, court and attorneys’ fees) caused by, arising out of or related to (a) your use of, or inability to use, the Website; (b) your violation of these Terms or any other applicable terms, policies, warnings, warranties, or instructions provided by eloom or a third party in relation to the Website, (c) your violation of any applicable law or any rights of any third party.
You may not transfer or assign any rights or obligations under these Terms without eloom’s prior written consent. Eloom may transfer all of its rights and obligations under these Terms without your prior written consent. To the extent such a consent would nonetheless be required by imperative law, eloom shall notify the user of the transfer of his rights or obligations by e-mail. The user shall be deemed to have accepted the announced transfer unless he expressly refuses it within two weeks as from the notification by e-mail. In case of such a refusal from the user, eloom shall be entitled to terminate any agreement with the user that is subject to these Terms without notice.
Eloom reserves the right to change, suspend, remove, discontinue or disable access to the Website or particular portions thereof, at any time and without notice. In no event will eloom be liable for the removal of or disabling of access to any portion or feature of the Website.
Eloom may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of eloom, as well as close or interrupt the Website. Eloom reserves the right to terminate your right to access and use the Website if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
15. ENTIRE AGREEMENT AND SEVERABILITY
16. GOVERNING LAW AND JURISDICTION
These Terms and your use of the Website, as well as all matters arising out or in relation to them (including non-contractual disputes or claims and their interpretation), shall be governed by the laws of Spain, to the exclusion of the rules on conflicts of laws. Any claim or dispute regarding these Terms or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to the exclusive jurisdiction of the Courts of Spain. You agree that any dispute is personal to you and eloom, and that any dispute shall only be resolved by an individual litigation and shall not be brought as a class action, or any other representative proceeding. You agree that a dispute cannot be brought as a class or representative action or on behalf of any other person or persons.
You shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.