Terms of Service

TERMS OF SERVICE

 

Effective Date:  May 1, 2020

 

Welcome to RegoToken!  The regotoken.io website (together with any content or services available through it, the “Site”) is provided to you by RegoToken.  These Terms of Service constitute the legally binding agreement that governs your use of the Site.  Before using the Site, you must read and accept all of the terms and conditions contained in (i) these Terms of Service, and (ii) the Site’s Privacy Policy, which is incorporated herein.  If these Terms of Service conflict with any other document issued by or on behalf of RegoToken, these Terms of Service will prevail with respect to your use of the Site.

 

BY ACCESSING, BROWSING, OR USING THE SITE OR ANY OF ITS FEATURES OR FUNCTIONALITY, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND SUCH PRIVACY POLICY, YOU MAY NOT USE THE SITE. THESE TERMS OF SERVICE AND PRIVACY POLICY ARE EFFECTIVE UPON YOUR USE OF THE SITE.

 

Unauthorized Users.


The Site is not intended for individuals who are under eighteen years of age, or for anyone who has been suspended or terminated from using the Site for any reason.  If you are under the age of eighteen, or if RegoToken has suspended or terminated your account or otherwise indicated that you are not authorized to use the Site, you may not under any circumstances use the Site.

 

Services.


The Site may provide users with access to certain content and functionality.  You are solely responsible for obtaining and satisfying all technical requirements necessary in order to access the Site and any service available through it, including the payment of any associated third-party fees (for example, for Internet access or mobile data). In addition, you must obtain and are solely responsible for any equipment that may be required for you to access the Site.

 

License and Access.


Subject to your continued compliance with these Terms of Service, RegoToken grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Site as intended through the provided functionality of the Site in accordance with the terms and conditions set forth herein.  This license does not include the right to (i) download (unless you see displayed on the Site a download link that applies specifically to particular content) or copy the Site or any portion thereof or any information and content available on or through it including, without limitation, any writings, images, photos, video, sounds, music, text, emails, graphics, icons, digital downloads, interactive features, postings, comments, likes, dislikes, logos, software programs or applications (collectively, the “Content”) or account information for the benefit of you or any other party; (ii) copy, modify, create derivative works from, sell, resell, distribute, sub-license or otherwise exploit any Content for commercial or public purposes without RegoToken’s express written consent; (iii) cache unauthorized hypertext links to the Site or frame or utilize framing techniques to enclose any trademark, logo, or any Content available through the Site without RegoToken’s express written consent; (iv) post, upload or transmit any content that you do not have the full legal right and authority to make publicly available without charge or restriction of any kind (including, without limitation, the intellectual property of another party); (v) post, upload, or transmit any content that contains software viruses or any other programs, files or computer code designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment; (vi) take any action that imposes or may impose (in RegoToken’s sole determination) an unreasonable or disproportionately large load on the infrastructure of the Site; (vii) post, upload, or transmit any content that consists of mass mailings, chain letters, political campaigning, commercial solicitation or any form of “spam”; (viii) post, upload or transmit content that a reasonable person would find objectionable, including without limitation content that contains obscene language or is threatening, defamatory, infringing of intellectual property rights, invasive of privacy or otherwise injurious to third parties, or which displays or promotes violence, use of firearms, racism, hate, libel, gambling, tobacco, alcohol, pornography, nudity or other offensive subject matter; (ix) use data mining, robots, or similar data-gathering and extraction tools; or (x) use any metatags or any other hidden text utilizing RegoToken’s name or trademarks without the express written consent of RegoToken or the third party that owns the applicable marks.  You may not bypass any measures used by the Site to prevent or restrict access to the Site or service available therein.  In addition to any other remedies that may be available to RegoToken under applicable law, any unauthorized use by you shall immediately terminate the permission and/or license granted to you by RegoToken under these Terms of Service or otherwise in connection with the Site.

 

Your Account.


In consideration of your use of the Site, you represent that you are of legal age and capacity to form a binding contract, and that you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.  You are responsible for any account you create on or through the Site.  As such, you agree to provide true, accurate, current and complete information about yourself as prompted by any login and/or registration forms that may be required in order to use the Site.  If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or RegoToken has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RegoToken has the right(s) to suspend or terminate your account and to refuse any and all current or future use of the Site by or through you.  You are prohibited from selling, trading, or otherwise transferring your Site account to another party.  You are responsible for maintaining the confidentiality of your account information and password (if any), and for restricting access to your account.

 

You agree to accept responsibility for all activities that occur under or through your account or, to the extent applicable, your password.  Because of this, RegoToken strongly recommends that you exit from and log out of your account at the end of each session.  You agree to notify RegoToken immediately of any unauthorized use of your account or any other breach of security involving the Site.  RegoToken reserves the right(s) to change or discontinue the Site or any service available therein, to refuse service, to terminate accounts, and/or to remove or edit content at any time in its sole discretion.

 

Submitted Content.


RegoToken may offer you the opportunity, at your option, to post or submit to the Site certain content, such as comments, ideas, opinions, questions, designs, writings, photos, images, videos, music and other similar information, content and/or communications (collectively, “Unsolicited Information”).  By submitting or posting any such Unsolicited Information via the Site, you agree to be bound by the following terms and conditions, in addition to the other terms set forth herein.  If you do not agree with these terms and conditions, you should not send or provide any Unsolicited Information through the Site.  You may not use a false email address, impersonate any person or entity, or otherwise attempt to mislead as to the origin of any content.  RegoToken reserves the right (but is not obligated) to remove or edit Unsolicited Information and/or to terminate or disable the account of users at its sole discretion, but does not regularly review or monitor content posted or submitted by users of the Site.

 

All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY, and RegoToken will have no liability of any kind with respect to any use or disclosure of such content.  You acknowledge and agree that RegoToken and its affiliates, subsidiaries, licensees and assigns may use Unsolicited Information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting.  Further, you acknowledge and agree that RegoToken and its affiliates, subsidiaries, licensees and assigns may use any ideas, concepts, know-how, or techniques contained in or derived from any Unsolicited Information you send to RegoToken or post via the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.  By submitting or using the Site to send any Unsolicited Information, you are granting RegoToken and its affiliates, subsidiaries, licensees and assigns a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, fully paid-up and irrevocable right and license to use, reproduce, modify, edit, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, sell and otherwise exploit, in any manner and without any obligation to you or any third party, such Unsolicited Information and the right (but not the obligation) to use your name and other identifying information in connection with such Unsolicited Information in any and all media, whether known or hereinafter created, throughout the world and for any purpose.  In addition, the rights granted to RegoToken include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, or otherwise alter or make use of any and all of your Unsolicited Information.  You also grant each user of the Site a non-exclusive right and license to access your Unsolicited Information through the Site, and to use, reproduce, display and download such Unsolicited Information if and to the extent permitted by the functionality of the Site and these Terms of Service.  You represent and warrant to RegoToken that you have the full legal right and authority to grant such rights and licenses and that any Unsolicited Information submitted or posted by you will not contain any third-party copyrighted material, material infringing on the rights of privacy or publicity of any person, or material that is subject to other third-party proprietary rights, unless you have all necessary rights, consents, licenses and permissions from the rightful owner of the material (or you are otherwise legally entitled to submit or post the material and to grant all of the license rights granted herein).  You represent and warrant to RegoToken that you have the right to grant any and all rights and licenses granted to RegoToken herein, including but not limited to all necessary rights under copyright law, free and clear of any claims or encumbrances. You are solely responsible for your own content and for the consequences of submitting or posting your Unsolicited Information on the Site.  You acknowledge and agree that RegoToken shall have no obligation to post, display or otherwise make publicly available content submitted by you, and may, in its sole discretion, remove, edit, modify or delete any Unsolicited Information that you submit to the Site.  RegoToken takes no responsibility and assumes no liability for any Unsolicited Information posted by you or any third party.

 

Disclaimer of Warranty.


YOU ACKNOWLEDGE AND AGREE THAT REGOTOKEN PROVIDES THE SITE AND ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NEITHER REGOTOKEN NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS (EACH, A “REGOTOKEN PARTY”) MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE CONTENT OR THE RELIABILITY, ACCURACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY PORTION OF THE SITE, THE SERVICES, CONTENT, NEWS, OPINIONS, FILES OR PRODUCTS MADE AVAILABLE OR ADVERTISED VIA THE SITE.  NONE OF THE REGOTOKEN PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE OR ANY CONTENT OR FILES SHARED OR MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE AND/OR ANY CONTENT, FILES, OR OTHER OFFERINGS OR SERVICES PROVIDED, ADVERTISED OR MADE AVAILABLE TO YOU VIA THE SITE IS ASSUMED SOLELY BY YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE REGOTOKEN PARTIES MAKES, AND REGOTOKEN (ON BEHALF OF ITSELF AND EACH REGOTOKEN PARTY) HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY SERVICES, CONTENT, NEWS, OPINIONS, FILES OR ANY PRODUCTS OR OTHER OFFERINGS MADE AVAILABLE OR ADVERTISED VIA THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY SERVICES, CONTENT, FILES OR OTHER OFFERINGS MADE AVAILABLE VIA THE SITE IS TO STOP USING THE SITE.

 

Limitation of Liability.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REGOTOKEN OR ANY REGOTOKEN PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES) RESULTING FROM USE OF THE SITE OR FROM THE CONTENT, SERVICES, PRODUCTS OR OTHER OFFERINGS MADE AVAILABLE OR ADVERTISED VIA THE SITE, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF ANY SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

No Endorsements.


RegoToken does not represent or warrant the accuracy, truthfulness, completeness or reliability of any material posted by others on or through the Site, nor does RegoToken endorse any opinions expressed by users of the Site.  Users, visitors, and participants alike acknowledge and agree that any reliance on material posted or sent by others is at their own risk.  Any statement posted in any discussion area, to the extent applicable, represents only the views of the user posting the statement, and do not represent the views of RegoToken.

 

Indemnity.


You agree to indemnify, defend and hold RegoToken and each RegoToken Party harmless from and against any and all claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related in any way to (i) your breach of these Terms of Service, (ii) your use of and/or access to the Site, Content, files, or products made available or advertised via the Site, (iii) any claim resulting from Unsolicited Information you supply, or (iv) your violation(s) of any law(s) or the rights of any third party(ies), including without limitation any copyright, property or privacy right(s).

 

Electronic Communication.


When you use the Site or send emails to RegoToken, you are communicating with RegoToken electronically.  You consent to receive communications from RegoToken electronically.  RegoToken will communicate with you by email or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications that RegoToken provides to you electronically satisfy any legal requirement that such communications be in writing.

 

Links.


The Site may provide links to external third-party sites or resources.  Because RegoToken has no control over such sites and resources, you acknowledge and agree that RegoToken is not responsible for the availability of such external sites or resources, and does not guarantee, approve or endorse (and is not responsible or liable in any way for) any content, advertising, products or other materials on or available from such sites or resources, or any activity occurring in connection with such sites or resources.  Without limiting the generality of the limitation of liability set forth in these Terms of Service, you further acknowledge and agree that RegoToken shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused by or in connection with the use of, the purchase of (to the extent applicable) or any reliance upon any such content, goods, products or services available on or through any such external site or resource.  You assume the entire responsibility and risk with respect to the use of any external sites or resources.  Any questions or concerns regarding those external sites or resources or any link(s) to them should be directed to the site administrator(s) or webmaster(s) for those non-RegoToken sites.

 

Access To Password-Protected/Secure Areas.


Only authorized users may access or use any password-protected and/or secure areas of the Site.  Unauthorized individuals attempting to access such areas of the Site may be subject to prosecution.

 

Updates to RegoToken.


RegoToken reserves the right to make changes to the Site, any related policies and agreements, these Terms of Service and/or the Privacy Policy at any time.  If RegoToken makes a material modification to these Terms of Service or the Privacy Policy, it will notify you of the revised Terms of Service or Privacy Policy by posting such revised version on the Site and displaying a revision effective date on the posted Terms of Service or the Privacy Policy (as the case may be).  You agree that such online posting shall be sufficient notification of such changes.  Updated versions of these Terms of Service and the Privacy Policy will be effective when posted on the Site.  Please check the Terms of Service and Privacy Policy posted on the Site frequently for any changes.  You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the updated Terms of Service and/or Privacy Policy (as the case may be) by your continued use of the Site after the date on which the revised version(s) is posted on the Site.

 

Intellectual Property Rights.


Certain graphics, logos, page headers, icons and service names displayed on the Site are trademarks, registered trademarks or trade dress of RegoToken (together, “Marks”) in the United States and/or foreign countries.  Users are prohibited from using any Marks for any product or service that is not RegoToken’s in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits RegoToken.  All other trademarks not owned by RegoToken that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RegoToken.

 

All Content on the Site is the sole property of RegoToken and/or its content suppliers and is protected by United States and international intellectual property laws.  The compilation of all content on the Site is the exclusive property of RegoToken and protected by United States and international copyright laws.  You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.

 

Procedure for Copyright Complaints.


RegoToken takes claims of copyright infringement seriously.  It will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe that a work of yours has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please send the following information to help@regotoken.io:

         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

         a description of the copyrighted work or other intellectual property that you claim has been infringed;

         a description of where on the Site the material you claim to be infringing is located;

         your address, telephone number, and email address;

         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; and

         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you either are the copyright or intellectual property owner or are authorized to act on such owner’s behalf.

 

RegoToken will remove any Content to the extent that it has been properly notified that such Content infringes on another party’s intellectual property rights.  The information provided in your legal notice may be forwarded to the person(s) who provided the allegedly infringing content.  It is the policy of RegoToken in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

Survival of Terms After Agreement Ends.


Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provisions of these Terms of Service that impose or contemplate continuing obligations on a party will survive the expiration or termination of these Terms of Service.

 

General.


These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RegoToken without restriction.  If any of provision herein is found by a court of competent jurisdiction to be invalid, void, or for any reason unenforceable, you agree with RegoToken that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any other provision(s) in these Terms of Service (including the Privacy Policy).  From time to time, RegoToken may offer special promotional offers that may or may not apply to you as a user of the Site.  To the extent such offers apply, you agree to be bound by any additional terms and conditions for such offers. Headings herein are for reference purposes only and do not limit the scope or effect of their corresponding sections.  These Terms of Service and the relationship between you and RegoToken will be governed by and construed in accordance with the substantive laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law.  You and RegoToken agree to submit to the exclusive jurisdiction of the federal and state courts sitting in Boston, Massachusetts with respect to any claim, action or proceeding that may arise in connection with these Terms of Service or your use of the Site, and no such claim, action or proceeding may be brought in any other forum.  You waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.  The failure of RegoToken to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.  Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.  These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and RegoToken regarding the subject matter hereof and govern your use of the Site, superseding any prior agreements between you and RegoToken with respect to the Site.

 

Right to Discontinue the Site.


RegoToken reserves the right to discontinue or modify the Site, or any part thereof, at any time and for any reason or no reason without notice to you.  RegoToken may also deny use of the Site if, in its sole determination, there is any reason to believe that you are not in compliance with these Terms of Service or the Privacy Policy.

 

 

If you have any questions about the Site or any of the terms and conditions described (or incorporated) above, you may contact RegoToken via email at help@regotoken.io, or by U.S. mail at RegoToken, 1 Kendall Square, Suite B2106, Cambridge, MA  02139.