Kyon Limited
Terms of Use of our Website
Preliminary Remarks
  1. When You visit our website, Your data will be stored in log files. This is permitted under the European General Data Protection Regulation (GDPR), especially accorded to Art. 6 (1f) GDPR. You can find more detailed information in our privacy policy under section ‘H’. These data, however, is stored without any personal reference, which means the data is collected anonymously and does not allow conclusions to Your identity.
  2. Cookies are used within the framework of our internet offer, You can find more detailed information in our privacy policy under section ‘I’.
  3. As far as we receive personal information from You, our privacy policy applies. In accordance with these provisions, You must give consent before disclosing the data. The wording of the privacy policy can be found on our website.
  4. By visiting our website, You fully agree to these Terms of Use. Additionally, You confirm that You have given consent for the processing of Your personal data according to Adara.io Privacy Policy.
Agreement to Terms of Use
These Terms of Use constitute a legally binding agreement made between You, whether personally or on behalf of any group or entity and Kyon Limited, 136, St. Christopher Street, Valletta VLT 1436, Malta, with registration number C 89188, ("Adara"), all affiliated companies and for the benefit of all their respective present and future subsidiaries.
  1. These Terms of Use apply to Your access and use of the Web-based Adara Portal, including AAA Tokens and all current and future associated services as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).
  2. You agree that by accessing the Platform, You have read, understood and agreed to be bound by all of these Terms of Use. In that regard, clicking the button "I accept the Terms of Use" has the same meaning as the signature under a contract
  3. If You do not agree with all of these Terms of Use, than You are expressly prohibited from using the platform and You must immediately stop using it.
  4. You can obtain a copy of these Terms of Use at any time by contacting Adara: support@adara.io.
  5. In addition, specific terms and conditions may apply to specific content, products, materials, Services or information contained on or available through this Site or transactions concluded through this Site. Such specific terms may be in addition to these Terms of Use. To the extent that such specific terms are inconsistent with the Terms of Use, they will supersede the Terms of Use.
Conditions for Using the Website
  1. The ones offered by Adara on this site
    • Information, graphics, documents, texts
    • Products and Services
    • Documents
    and all other elements on this site are only available to You under these terms of use and any additional terms available at the Site.
  2. To use Adara’s website You must set up an Account on the Site. You are required to provide Adara with Your full legal name, birthday, nationality, Your valid email address and postal address and any other information that is requested during the account creation process in order for a valid account to be issued
  3. You warrant and represent that all information provided when creating such Account is up to date, complete, and accurate and remains on this stand
  4. Any accounts created through automated methods or bots are not authorised.
  5. You agree to promptly notify the Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate
  6. You are solely responsible for protecting Your Account including all information provided, and You will be liable for any unauthorised use or sharing thereof
  7. Regardless of this, all Personal Data is subject to the Adara Privacy Policy
Restrictions in Setting-UP, Use and Maintenance of an Account
  1. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
  2. You shall not create an account in connection with the Site and/or Services or access Services if You
    1. Information, graphics, documents, texts
    2. Products and Services
    3. Documents
  3. You shall monitor Your Account to restrict use by minors, and You are required to ensure that children and adolescents do not gain access to their account, not even in Your absence. You accept full responsibility for any unauthorized use of Site by minors in connection with Your Account as well as any use of Your cryptocurrency wallet or other payment instruments.
  4. You shall not create an Account if You have already created one Account on the Site
  5. Setting up an account is not allowed if Adara previously removed You from the site.
  6. You shall not use our Website and all related Services if You are citizen or resident of
    1. United States of America, People's Republic of China
    2. Canada, New Zealand, Iceland, South Korea, North Korea, Taiwan, Afghanistan, Pakistan, Iran, Syria, Yemen, Somalia, Sudan, South Sudan, Central African Republic
    3. countries or territories under the sanctions of the United Nations or the European Union (the list is available at: https://eeas.europa.eu/sites/eeas/files/restrictive_measures-2017-08-04.pdf)
    4. of countries where cryptocurrency is prohibited or
    5. if You are an individual under the sanctions of the United Nations or the European Union
  7. You are also not permitted to distribute the Content (website and all related Services) to any person who belong to a category specified in sub-section 6 of the previous paragraph.
  8. It is Your responsibility to verify that You are accessing our website and/or all services from any of the countries specified in sub-section 6 or that You belong to the group of persons referred in sub-section 6 of the previous paragraph. You are solely responsible for complying with the applicable law.
Unauthorized Uses
  1. You shall not use Your Account
    1. to advertise or transmit any commercial advertisements or solicit
    2. for defamatory, libellous or commercially detrimental statements
    3. to transmit chain letters, junk e-mail or repetitive messages (spim and spam)
    4. chain letters or other content of a promotional nature to any other user or third party.
  2. You are also not permitted to distribute the Content (website and all related Services) to any person who belong to a category specified in sub-section 6 of the previous paragraph.
  3. It is Your responsibility to verify that You are accessing our website and/or all services from any of the countries specified in sub-section 6 or that You belong to the group of persons referred in sub-section 6 of the previous paragraph. You are solely responsible for complying with the applicable law.
    1. Through reverse engineering or otherwise improperly access any of the Site’s or the platforms underlying code or technical mechanisms
    2. through any means, measures and behaviour including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits
    3. or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Site
  4. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account to anyone without Adara’s written permission;
  5. You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Adara’s written consent by letter.
  6. Notwithstanding the foregoing, Adara may at its own discretion refuse to provide Service to any person for any reason or no reason whatsoever.
Description of Services
Through use of Your personal computer or other electronic devices (“Device”) and this Site You may create an Account at the Site and Purchase AAA Tokens and use Service.
Warranties and Disclaimers
  1. Although care has been taken to ensure the accuracy of the information on this Site, Adara assumes no responsibility therefore.
  2. Except as otherwise provided and to the extent permitted by applicable law, this Site, its operation, and all materials, information, publications, opinions, or services contained on, and linked to by it, are provided "as is" and "as available."and without any guarantee.
  3. Adara and all of its affiliates and business partners hereby expressly or implicitly disclaim any warranties of any kind. This includes without limitation indirect warranties as to merchantability, fitness for a particular purpose, legality and/or property.
  4. Except as otherwise provided and to the extent permitted by applicable law, this Site, its operation, and all materials, information, publications, opinions, or services contained on, and linked to by it, are provided "as is" and "as available."and without any guarantee.
  5. Except agreed by Adara by letter, contractors, agents, dealers or distributors of Adara or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
  6. The use of the Service through the Site is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your Device, loss of data, or other harm that results from such activities. Adara assumes no liability for any computer virus or other similar software code that is downloaded to Your Device from the Site or in connection with any Service or products offered through the Site. No advice or information whether oral or written, obtained by You from Adara or from the Site shall create any warranty not expressly stated in the terms of use.
  7. The Site may contain references to specific Adara Services that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or Service shall be available at any time in any particular country or on any particular Device.
  8. In no event shall Adara or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption
  9. Under no circumstances is Adara liable beyond this for damages arising out of
    1. or in connection with the use or inability to use this website or its content, products, services, statements or actions by third parties on or through this website
    2. arising out of any information that is sent or received, or not sent or received
    3. any failure to store data, any loss of data, loss or damage to files, loss or damage to the content
    4. any services available through the site that are delayed or interrupted, even if Adara has been advised of the possibility of such damages.
  10. Any action brought against Adara pertaining to or in connection with this site must be commenced and notified to Adara in writing by registered letter within one (1) year after the date the cause for action arose
  11. This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation.
  12. If applicable law does not all or any part of the above limitation of liability to apply to You, the limitation will apply to You only to the extent permitted by applicable law.
Limitations
  1. Any use of the Service in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Service and may subject You to liability for violations of law.
  2. Any attempt by You to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any Adara digital product such as AAA Token or the site is a violation of Adara policy and may be a violation of applicable law.
  3. You agree that You will not, under any circumstances:
    1. Engage in any act that Adara deems in its reasonable discretion to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Use, our Privacy Policy, our Service Rules, AAA-Token Sale Rules or any other policies
    2. Make improper use of Adara’s Services, including, without limitation, by submitting false personal information or using profane and abusive language in Your communications with Adare, other user, our personnel, or any other third parties.
    3. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation
    4. Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Service
    5. Use the Service in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere with the Services
    6. Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Service
    7. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Service, or other attempts to disrupt the Service
    8. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Adara, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service
    9. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive
    10. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content
    11. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Adara employee
    12. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Use
    13. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation
      any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service
      any connection using programs, tools, or software not expressly approved in writing by Adara
    14. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by registered letter by Adara
    15. Copy, modify or distribute rights or content from any Site or Service, or Adara’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Use
    16. Solicit or attempt to solicit personal information from other users of the Service
    17. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service
    18. Upload or transmit or attempt to upload or transmit, without Adara’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms")
    19. Publicly disseminate information about the types and methods of violations of these Terms of Use and AAA Token Sale Agreement , as well as publicly call for violation of these Terms of Use and Token Sale Agreement
    20. Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team
    21. register and use to access to the Services more than one account. In case if there are reasonable grounds to believe that You have registered or are using more than one account, Adara has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with You
    22. use IP proxying or other methods to disguise the region (country) of Your current location to circumvent geographical restrictions to purchase AAA tokens or Services or for any other purposes.
Term and Termination
  1. These Terms of Service shall remain in full force and effect while You use the Platform.
  2. Without limiting any other remedies, Adara may limit, suspend, terminate, modify or delete accounts or access to the service or portions thereof with or without notice to You, if You are or Adara reasonably suspects that You are failing to comply with any of these Terms of use. The same applies for any actual or suspected illegal or improper use of the services. You can lose access to Your account as a result of account termination or limitation, as well as any benefits, AAA Tokens or services associated with Your use of the service, and Adara is under no obligation to compensate You for any such losses or results.
  3. Without limiting our other remedies, we may
    1. limit, suspend or terminate the service and user Accounts or portions thereof
    2. prohibit access to our sites and their content, services and tools
    3. delay or remove hosted content and
    4. take technical and legal steps to prevent users from accessing the service
    if we believe that they are creating risk or possible legal liabilities, Infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our terms or policies.
  4. Additionally, we may, inappropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
  5. Adara reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point Your license to use the Service or a part thereof will be automatically terminated or suspended.
  6. Termination of Your Account can include disabling Your access to the Service or any part thereof including any content You submitted or others submitted.
  7. Upon termination of this agreement, You will no longer be authorized to use the service in any way.
  8. Even if You are affected by termination, restrictions, suspension, modification or deletion with the consequences described herein, Your rights arising from our Privacy Policy remain unaffected.
Your Warrenties
  1. You hereby warrant that:
    1. All information provided by You to Adara in connection with this site and/or service is true and accurate
    2. You have full power and authority to enter into the terms of use
    3. You shall perform all of Your obligations under the terms of use in accordance with applicable laws and
    4. Your materials and other content (“user materials”) that You make available to Adara or other users of the site and that is not provided by Adara or site do not
      1. Infringe any intellectual property rights of any third party
      2. Constitute defamation, libel or obscenity
      3. Result in any consumer fraud, product liability, breach of contract to which You are a party or cause injury to any third party
      4. Promote violence or contain hate speech
      5. Violate any applicable law, statute, ordinance or regulations, or
      6. Contain adult content or promote illegal activities
  2. This Site may provide links to other Sites that are not under the control of Adara. Adara shall not be responsible in any way for the content of such other Sites. Adara provides such links only as a convenience to the user of this Site, and the inclusion of any link to any such websites does not imply endorsement by Adara of the content of such websites.
Third Party Materials
  1. In order to use this Site and/or Service, You may need to obtain and/or use certain third-party products (i.e. Device), services and/or materials (“Third Party Materials”). Third Party Materials are
    1. not licensed hereunder;
    2. not under Adara’s control or license; and
    3. subject to the applicable licenses and respective terms and conditions of such third parties which You need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Site and/or Services.
  2. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
Intellectual Property
  1. ou hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Site are vested in Adara and/or its licensors and Adara and/or its licensors are the sole and exclusive owners thereof. All rights in the Site not expressly granted herein are reserved
  2. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its products or Service except as expressly authorized herein
  3. Except as otherwise provided, the Content published on this Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Adara is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions
  4. Adara hereby disclaims any rights to trademarks, Service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. Adara disclaims any proprietary interests in the intellectual property rights other than its own.
Notice and Procedure for Making Claims of Copyright Infringement
  1. If You believe that Your work has been copied in a way that constitutes copyright infringement, please inform Adara by written information. Please note that this procedure is exclusively for notifying Adara and its affiliates that Your copyrighted material has been infringed.We are only obligated to process Your notice if You provide us with the following information, data and procedures in Your written communication:
    1. A description of the copyrighted work that You claim has been infringed upon
    2. A description of where the material that You claim is infringing is located on the Site;
    3. Your address, telephone number, and e-mail address
    4. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    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
    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 owner or authorized to act on the copyright owner's behalf.
  2. Please note that this procedure is exclusively for notifying Adara and its affiliates that Your copyrighted material has been infringed.
Unlawful or Prohibited Use
  1. You may not use this Site for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this Site. You may not use this Site in any manner that could damage, disable, overburden, or impair this Site and/or Service, or that interferes with any other party's use and enjoyment of this Site.
  2. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Adara to all users of this Site.
  3. You agree that You will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Site and/or Service.
  4. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Adara to all users of this Site and/or Service. You shall not institute, assist, or become involved in an attack upon any Adara server or otherwise attempt to disrupt the Adara servers.
  5. Any attempt by You to damage Adara servers or undermine the legitimate operation of Adara is violation of criminal and civil law and, should such an attempt be made or assistance for such an attack be provided, Adara reserves the right to seek damages from any such user to the fullest extent permitted by law.z
Linking to the Site
Linking to the Site is permitted provided that You comply with these rules. You may link to the home page of the Site or to any other page of this Site. However You are not allowed to use in-line linking or framing. You must not imply that Adara endorses or sponsors the linker or its Site, products or Service. You must not use Adara's intellectual property including but not limited to trademarks, trade name, copyright without permission from Adara. Furthermore, You agree to remove the link at any time upon our request.
Assignment
  1. Adara may assign, transfer or delegate these Terms of Use or the fulfilment of any of its obligations pursuant to these Terms of Use and/or the Adara Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent.
  2. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Adara’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by You is void and ineffective.
Amendments
  1. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of these Terms of Service, and You waive any right to receive specific notice of each such change.
  2. It is Your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by Your continued use of the Platform after the date such revised Terms of Service are posted.
Indemnification
  1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
    1. Use of the Platform;
    2. Breach of these Terms of Service;
    3. Any breach of Your representations and warranties set forth in these Terms of Service
    4. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
    5. Any overt harmful act toward any other user of the Platform with whom You connected via the Platform.
  2. Notwithstanding the foregoing, we reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, and You agree to cooperate, at Your expense, with our defence of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Applicable Law and Jurisdiction
  1. These Terms shall be governed, construed, and enforced in accordance with the law of England.
  2. All disputes and differences arising between the Parties are to be settled by the Parties through negotiations. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receiving.
  3. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled under law of Malta. The language to be used in the arbitral proceedings shall be English.
@2018
Adara GmbH