The DAO and/or the Foundation will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part. Transactions that take place using the Tools are confirmed and managed via the Ethereum blockchain. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. WebThe Business Model Canvas is a strategic management template used for developing new business models and documenting existing ones. 12.2 You may choose to submit comments, bug reports, ideas or other feedback about the Site or the Tools, including without limitation about how to improve the Tools (collectively, "Feedback"). JetBrains Product means any generally available JetBrains software product identified by JetBrains as an individual developer tool, teamware tool, or online service. The creator of the Content may impose its own terms, conditions and licenses for access and use of said Content. To the extent it is necessary in order for SoundCloud to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to SoundCloud on a limited, worldwide, non-exclusive, royalty-free and fully paid basis. WebAny dispute or claim shall be subject to the non-exclusive jurisdiction of the courts of Victoria although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Java SE LIUM, including but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Java SE LIUM ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable Java SE LIUM), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in the Agreement and includes the notice set forth in Section H, (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. SoundCloud may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscriptions from time to time. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND SOUNDCLOUD AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY. THE FOUNDATION WOULD NOT BE ABLE TO PROVIDE THE TOOLS TO YOU WITHOUT THESE LIMITATIONS. You acknowledge and agree that MANA, Ether and blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You may not use this content without that person or organizations permission, or as otherwise allowed by law. (3) For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation declares in accordance with Article 30 that its Member States will not be Parties to this Convention. J. The following provisions of these Terms survive any termination of these Terms: REPRESENTATIONS AND RISKS; TRANSACTION AND FEES; INDEMNITY; DISCLAIMERS; LIMITATION ON LIABILITY; PROPRIETARY RIGHTS; LINKS; TERMINATION AND SUSPENSION; NO THIRD-PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION. If you have a product you think customers would love, lets talk. Desiring to promote international trade and investment through enhanced judicial co-operation. If you make your content available through other companies services, its possible that search engines, including Google Search, will continue to find and display your content as part of their search results. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and SoundCloud shall have the right, but not the obligation, to use such feedback on an unrestricted basis. If you have a Google Account, we associate your account with a country (or territory) so that we can determine: When youre signed out, your country version is determined by the location where youre using Google services. Some of our services include downloadable software. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account. The Foundation has no continuing obligation to operate the Tools and the Site and may cease to operate one or more of the Tools in the future, at its exclusive discretion, with no liability whatsoever in connection thereto. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, SoundCloud is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. In order for you to engage with other SoundCloud listeners and creators, we enable you to create and personalize a public profile on SoundCloud. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@soundcloud.com. The procedure for recognition, declaration of enforceability or registration for enforcement, and the enforcement of the judgment, are governed by the law of the requested State unless this Convention provides otherwise. 10.6. WebSubject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to: reproduce and Share the Licensed Material, in whole or in part; and; produce, reproduce, and Share Adapted Material. IN ALL CASES INVOLVING ONLINE GAMBLING YOU MUST BE OLDER THAN 18 YEARS (OR THE MINIMUM LEGAL AGE IN YOUR PLACE OF RESIDENCE). THE FOUNDATION MAKES NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER, SELL OR OTHERWISE DEAL IN MANA. Use of the Tools by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified. Use of SoundCloud players and widget Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License. Users in the European Union can use copyright protected works under certain exceptions or limitations to copyright, namely quotation, criticism, review, use for the purpose of caricature, parody or pastiche. You acknowledge that, in the event of a breach of this Agreement by SoundCloud or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against SoundCloud, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use. (JetBrains, we), including but not limited to everything hosted under the domains listed at https://www.jetbrains.com/legal/websites/. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED. To fulfil legal duties stipulated by accounting, taxation and other laws. 6.1 If you elect to purchase, trade, or sell a LAND parcel, Avatar, wearable or other non-fungible token ("NFT") with or from other users via the Tools, any financial transaction that you engage in will be conducted solely through the Ethereum network, Layer 2 solutions or other sidechains via Web3 providers. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the permissions tab in the track edit section for each sound you upload, subject to the provisions of the Disclaimer section below. It is really important to us that you understand how we use your personal information. The parties shall maintain strict confidentiality with respect to all aspects of any arbitration commenced pursuant to these Terms and shall not disclose the fact, conduct or outcome of the arbitration to any non-parties or non-participants, except to the extent required by applicable Law or to the extent necessary to recognize, confirm or enforce the final award or decision in the arbitration, without the prior written consent of all parties to the arbitration. Data protection, privacy and cookies 11.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS. 5.1 In connection with your use of the Products, We and our associated companies will process Personal data of You as a User and the Product Holder (if appropriate), in particular, contact and identification details, data about usage of our software and services, and information about Your subscription and payments, for the following purposes: 5.1.1. Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce. Article 27 Signature, ratification, acceptance, approval or accession. 10.7. Basically, by using SoundCloud you accept our Terms of Use and Community Guidelines and agree to abide by them. (2) With regard to that matter, the Convention shall not apply-. This means that you will need to pay a Gas Fee for each transaction that occurs via the Tools. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees and/or those portions of such software produced by jlink as output using a Programs code, when such output is in unmodified form in combination, and for sole use with, that Program, as well as any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. During the Notice Period, the Customer may object to the termination in writing and must provide any information reasonably requested by JetBrains. Article 5 Jurisdiction of the chosen court (1) The court or courts of a Contracting State designated in an exclusive choice of court agreement shall have jurisdiction to decide a dispute to which the agreement applies, unless the agreement is null and void under the law of that State. The foregoing process applies to copyright only. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. You may terminate this Agreement at any time by sending notice in writing to SoundCloud at Rheinsberger Str. You may access the information that JetBrains has about You, which is Your individual or company profile. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. SOUNDCLOUD AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR: (A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM; (B) ANY CHANGES THAT SOUNDCLOUD MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES; (C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTYS RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY SOUNDCLOUD OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM; (D) ANY ERRORS OR OMISSIONS IN THE PLATFORMS TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT; (E) YOUR FAILURE TO PROVIDE SOUNDCLOUD WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL; (F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT; ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR. (1) If a State has two or more territorial units in which different systems of law apply in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. It offers a visual chart with elements describing a firm's or product's value proposition, infrastructure, customers, and finances, assisting businesses to align their activities by illustrating potential trade-offs.. To improve Our offerings based on usage; 5.1.4. (iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering. suomeksi, YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND TOOLS MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. The parties to this Agreement undertake to make their best efforts to settle any disputes arising hereunder (Dispute) amicably. a) for each State or Regional Economic Integration Organisation subsequently ratifying, accepting, approving or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession; b) for a territorial unit to which this Convention has been extended in accordance with Article 28, paragraph 1, on the first day of the month following the expiration of three months after the notification of the declaration referred to in that Article. Rheinsberger Str. 6.4. You acknowledge and agree that your use of the Tools and the Site is at your sole risk. 1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO JETBRAINS ACCOUNT AND JETBRAINS ACCOUNT SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. In order to make the Platform available for free and provide you with personally relevant features, we serve tailored ads on the Platform on behalf of third party advertisers. 9.2. WebWhat is a Non-exclusive Jurisdiction Clause? This section deals with SoundClouds right to transfer this agreement to someone else. Recognition or enforcement of a severable part of a judgment shall be granted where recognition or enforcement of that part is applied for, or only part of the judgment is capable of being recognised or enforced under this Convention. The Foundation does not, and will not, have any insight into or control over any transactions conducted by you in Decentraland, and thus is not responsible for determining the Taxes that apply to your transactions entered through the Tools or otherwise involving any LAND parcel, or any other related transaction, and is not to act as a withholding Tax agent in any circumstances whatsoever. Some of our services include software thats offered under open source license terms that we make available to you. If such termination occurs during a then-current subscription period, this Agreement will continue to be effective until the end of that subscription period. If you have a Subscription and your account is suspended or terminated by SoundCloud pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. (2) The denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which the notification is received by the depositary. 2.2. ; We protect certain qualifying temporary high balances up to 1 million for 6 months from when the amount 15.6 All communications under this Agreement will be in English. chapter ii - jurisdiction. SoundCloud does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE TOOLS OR THE SITE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR. RESTRICTIONS. All Content must comply with the Content Policy. WebSynopsis The National Statement is intended for use by: any researcher conducting research with human participants any member of an ethical review body reviewing that research those involved in research governance potential research participants. Agreement means this JetBrains Account Agreement. California law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. The services hereunder are offered by SoundCloud Global Limited & Co. KG, a company incorporated under the laws of Germany and with its main place of business at Rheinsberger Str. You may terminate this Agreement at any time via Your JetBrains Account. For the above purposes, JetBrains may use, among others, Your first name, last name, email, username, physical address, IP address, cookies, payment information, and tax ID. Version 1.1, effective as of June 26th, 2019. To the fullest extent possible, the creator will waive any moral rights over the NFTs upon transfer to third parties. These are not run by SoundCloud, and therefore we cannot be responsible for them. The nine NFTs: All title, ownership and Intellectual Property Rights over NFTs, including without limitation, Wearables, belong to the creator of the NFT. User declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Article 17 Contracts of insurance and reinsurance, (1) Proceedings under a contract of insurance or reinsurance are not excluded from the scope of this Convention on the ground that the contract of insurance or reinsurance relates to a matter to which this Convention does not apply. JetBrains Account Service means the services listed in clause 3.1. Judicial settlements (transactions judiciaires) which a court of a Contracting State designated in an exclusive choice of court agreement has approved, or which have been concluded before that court in the course of proceedings, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment. If you believe that your Intellectual Property Rights (as this term is defined in the Content Policy) or the Intellectual Property Rights of a person on whose behalf you are authorized to act has been infringed, you are encouraged to contact the infringing party directly. The Foundation and/or the DAO, neither own nor control MetaMask, Ledger Wallet, the Mist browser, Google Chrome, the Ethereum network, any Web3 Provider or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Tools. You may be required to click through the updated Agreement to show Your acceptance. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. In the case of such a declaration, other Contracting States shall not be obliged to apply this Convention to that specific matter to the extent of any inconsistency, where an exclusive choice of court agreement designates the courts, or one or more specific courts, of the Contracting State that made the declaration. When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. This License does not grant permission to use the trade names, logo, trademarks, service marks, or product names of the licensee and/or its licensors, except as provided in the Terms of Use for Decentralands Logo and Name. Software is copyrighted. Disclaimer License. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that the Foundation is not liable for your compliance or failure to comply with such laws. (xv) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping. (2) The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. 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