Terms and conditions.

Last updated at June 20, 2023
These Terms of Service (hereinafter – ‘the Terms’) regulates the use and access to https://nftmetria.com – our Website (hereinafter – ‘the Website’), and associated content, software and applications (hereinafter – ‘the Service’). General rules of our Privacy Policy are included by The Terms.
We recommend reading this document and terms attentively before using our Website / Service.
By using our Website / Service, you hereby consent to the version of the Terms posted on the Website to the Terms.
Don’t use Service if you don’t agree to the version of the Terms posted.
The Terms include important information about your rights, limitation of our and third parties’ liability, disclaimers of warranties and a governing jurisdiction.
Sometimes the Terms may be changed and We recommend to check the page of the Website to make sure that you are glad to any changes.
Using the Website / Service means that you have read, understood the Terms.

1. Meanings and key terms

1.1. The following terms of the Policy are used in the following meaning:
1.1.1. Cookie – a small piece of data sent by a web server and stored on your computer, which a web client or web browser sends to the web server in an HTTP request each time it tries to open a page on the corresponding site. Please note that all cookies and site data are stored separately for each browser.
1.1.2. You – a person or entity that is registered with the Website to use the Service.
1.1.3. Device – your mobile technical device (smartphone, tablet or other device) or personal computer / laptop with access to the Internet which you use to visit the Website / Service / Content.
1.1.4. IP address – every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
1.1.5. Personal Data – information that relates directly or indirectly to a specific or identifiable natural person (subject of personal data).
1.1.6. Website – site of our Company, which is available via the URL-address: https://nftmetria.com.

2. The right of access

2.1. If you want to use our Service, you must be at least 18 years old.
2.2. You have right to use the Service only for your personal, non-commercial use unless we conclude a separate agreement with you for commercial use. If we have banned you or terminated you’re account, you can’t use the Service.

3. Intellectual Property and Ownership

3.1. Our Company control and own the Content in the legal relations between You and Us.
3.2. All other means of individualization represent in the Website / the Service / the Content (for example trademarks, registered trademarks, product names, and company names or logos) is the property of their respective owners.
3.3. All means of individualization (for example related logos, trademarks, service marks and trade names) are the exclusive Company’s property. You recognize that our Company and/or its providers own the copyright in and to all the Content have reserved all rights in and to such Content.
3.4. You are allowed to view, make copies and print of the Content for your own private use. You mustn’t and shan’t download, reproduce, copy, take screenshots, keep, transmit, broadcast, publish, change, make a derivative work, represent, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (in any format) or exploit the Content, in full or in part, in any way. The above actions are the breach the Terms if you don’t have our prior written authorization. To obtain the permission for using the Content except in cases expressly permitted in the Terms, please contact via contact details.
3.5. Without our written authorization or the applicable trademark owner you mustn’t copy, imitate and use, in whole or in part:
3.5.1. means of individualization represent in the Content are registered and/or common law trademarks of our Company our suppliers / licensors;
3.5.2. service mark, trademark, and/or corporate style of our Company including the Service look and feel, all page headers, button icons, custom graphics and scripts.
3.6. The absence of a name, logo or other mark in the Website / the Service / the Content doesn’t imply a refusal of any and all intellectual property rights that our Company has made.
3.7. Nothing included in the Terms give you any interest in any of any third-party’s intellectual property.
3.8. Link to any products, services, or other information by means of individualization manufacturer and supplier isn’t their consent and endorsement, sponsorship, or recommendation on the part of our Company.
3.9. With the exception of cases the Terms provided the use or misuse of our trademarks and other intellectual property is prohibited.

4. License

4.1. You agree to abide by the Terms. If you don’t agree the Terms, you may not our Website / Service.
4.2. You have the right to use the Service only as expressly permitted by the Terms. All rights not granted to you are reserved by our Company, its third-party providers and other respective owners.
4.3. We provide content via the Service that is copyrighted and/or trademarked Company’s work / our third-party licensors and suppliers (hereinafter referred to as ‘Content’). Content shall include all such maintenance accessed by you at any time. You admit that the Service has been prepared, compiled, developed, selected, revised, and arranged by our Company and such third parties via the use of methods and judgment standards developed and applied through the expenditure of substantial time, effort and money, and is a valuable intellectual property of our Company and such others.
4.4. The Website / the Service / the Content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by our Company its licensors or other providers of such material and are protected by international copyright, trademark, patent and other intellectual property or proprietary rights laws.
4.5. The material can’t be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the written Company’s permission, except where expressly provided by the Terms. Any unauthorized use of the material is prohibited.
4.6. In accordance and complying with the Terms We give you a non-exclusive, personal, non-transferable, non-sub-licensable, limited license to download and use the Website / the Service / the Content strictly for your personal use in each case. You agree to commit itself not using the Website / the Service / the Content for any commercial purpose.
4.7. Apart from this license you:
4.7.1. Don’t have other rights to the Website / the Service / the Content;
4.7.2. Mustn’t modify, display, perform, distribute, publish, edit, copy, license, reproduce, sell, rent, loan, create derivative works of, create any index, reverse engineer, alter, enhance, grant to access to or use the Website / the Service / the Content by any means.
4.8. Appropriately during and after the expiration of the Terms you must:
4.8.1. Respect all exclusive property and other copyrights for the proprietary rights of our Company and all legal others’ rights of the Service;
4.8.2. Comply with all written reasonable demands provided by our Company to protect our and others’ legitimate rights and interests of the Service.
4.9. If you breach provisions of the Term these license will automatically terminate. In this case you can’t and mustn’t use the Website / the Service / the Content in any way.

5. Your Suggestions

5.1. If you send or pass any communication with Us (for example feedback, questions, comments or suggestions) via letter, email, telephone or other way (hereinafter – ‘Suggestions’) all such actions will be seen as your transfer a non-confidential and non-proprietary information.
5.2. This position of the Terms is not applicable to the information you passed to the Service that can be identified as your personal data. Our Company attaches much importance protecting your personal data. We recommend that you read our current Privacy Policy in the appropriate section. It also governs the use of the Service.
5.3. Please notice that in above cases (5.1., 5.2.) you give us all rights (including intellectual property rights) and title in full. We may freely take any action (for example use, copy, modify, publish, or redistribute) to your Suggestions without any compensation to you. We have right to use Suggestions in any way and for own purposes.
5.4. Our Company may use without any consent and compensation your results of intellectual activity (ideas, concepts, know-how or techniques or other intellectual property) contained in your Suggestions regardless of patentable for any purpose. The information and materials based on or containing such Suggestions can be included information about improvements for the Service.
5.5. You also understand and agree that our Company is not obligated to use, represent, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in Suggestions. You may not and you don’t have right to compel these actions.

6. Cookies

6.1. We use ‘Cookies’ to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. Cookies are used by our Company to improve the performance and functionality of the Website / Service.
6.2. You can disable the use of Cookies but in this case you may not be able to access functionality on the Website / Service / Content correctly or at all. Please note if the cookies are off you can have problems with functionality. For example videos or content may become unavailable.
6.3. We never place Personally Identifiable Information in Cookies.

7. Links to other websites

7.1. The Terms applies only to the Service. The Website / the Service / the Content may contain links to other websites not operated or controlled by our Company. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Your use all third-party websites links at your own risk.
7.2. Provided links by us only as a convenience, and a third-party websites link doesn’t imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
7.3. Please remember that when you use a link to go from the Website / the Service / the Content to another website, the Terms are no longer in effect. You’re browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
7.4. Under any circumstances, we won’t, be responsible or liable (directly / indirectly) for:
7.4.1. Any information / resources /content available via any third-party website (services);
7.4.2. Any dealings (communications) between you and third parties;
7.4.3. Any harm, damages, loss caused or alleged to be caused by or in connection with any of the foregoing.

8. Prohibited acts

8.1. You agree that you mustn’t:
8.1.1. Modify, change, copy or create derivative works of the Website / the Service / the Content.
8.1.2. Manipulate or collect the Content (including data) for the purpose to make it available to any third party.
8.1.3. Sell, trade rent, loan, license any Content or access to the Service, whether commercially or free of charge.
8.1.4. Use or illegally implement to the Service any data mining, crawling, “scraping”, robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor or copy any element of the Website / the Service / the Content.
8.1.5. Make massive information requests or obstructive actions which:
a) Disrupt or impose an undue burden on the Service or other server / network related to the Service;
b) Negatively affects the Content quality / the Content availability / speed or functionality Service.
8.1.6. Implement a worm, virus, Trojan horse, time bomb or other malicious software to the Service.
8.1.7. Use any device, software or ways to bypass any software or hardware that prohibits volume requests for information.
8.1.8. Breach, bypass or circumvent the security system intended to limit or prevent access to the Website / the Service.
8.1.9. Otherwise try to take unauthorized the Service or Content access or access to any computer / systems / networks / Company’s server related to the Service whether via hacking password attacks, unauthorized use of another’s password/credentials or any other way.
8.1.10. Limit, hinder or meddle to use the Service to other Website user (inclusive of the Website hacking / defacing).
8.1.11. Implement or otherwise spread via the Website any computer program that damages, stops, catches, collects or reveal any system, data / personal information of our Company or any third party.
8.1.12. Use our (third party) trademarks, service marks, trade names or logos represented on the Website.
8.1.13. Change or remove any copyright / proprietary notice from the Content.
8.1.14. Use the Website / the Service / the Content for or in connection with any activity that:
a) breach the current law, regulations;
b) involve proceeds of any unlawful or illegal activity.

9. Disclaimers, limitation of liability, no warranties

9.1. Our Company gives no warranties and makes no representations about the Server and Content suitability of, or that the Service (the Content) will be regular or operate in combination with any software, service, system / other data / information.
9.2. The content of the Service is only for informative purposes. Nothing in the material can be interpreted as our Company’s offer of:
– investment recommendations (such as recommendations as to whether to purchase a currency or instrument);
– any currency;
– as investment advice;
– any financial instrument;
– recommendation as to an investment strategy by our Company.
9.3. The content of the Service shouldn’t be considered like information sufficient upon which to base an investment strategy.
9.4. Our Company doesn’t:
9.4.1. Express opinion about the future or expected value of any currency, security or other interest.
9.4.2. Explicitly or implicitly recommend or suggest any investment strategy of any kind.
9.5. The content the Website / the Service / the Content may not be used as a basis for any financial or other product without the express prior written consent of our Company.
9.6. We don’t check all content for accuracy and reliability, completeness. We don’t guarantee the accuracy, completeness, reliability, timeliness, security or integrity of the service or any piece of content
9.7. We disclaim all liability and don’t give warranties:
9.7.1. That published the Website / the Service / the Content doesn’t include inaccuracies or errors;
9.7.2. That the Service, depended (related) servers, or any email sent from Us are free of viruses / other malicious components.
9.7.3. With regard to the Service (the Content) including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement.
9.8. Also to the maximum extent permitted under applicable law our Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers no liability or responsibility for any:
– mistakes, or inaccuracies of the Content/ Service;
– property damage of any kind due to your access or use of the Service;
– unauthorized access or use of our servers and/or the information stored therein;
– regular or cessation of the transmission of the Service;
– bugs, viruses, Trojan horses, etc., that may be passed via the Service by any third party;
– omissions / defect of the Content;
– the defamatory, offensive, or illegal conduct of any third party.
9.9. Without limitation to the foregoing, We provide no warranty or undertaking, and makes no representation of any kind that the Website / Service/ Contain will meet your requirements, achieve any intended results.
9.10. Under no circumstances Our Company (our officers, directors, employees, members, agents, and affiliates) isn’t responsible also for (even though We have been warned of the possibility of such damages):
9.10.1. Any direct, indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of, or in any way connected with your use / access of the Service or with the trouble or inability to access;
9.10.2. Other way coming from the access / use of the service regardless of base: negligence, contract, tort, strict liability, or otherwise.
9.10.3. Any claims, proceedings, liabilities, obligations, damages, losses or the exceed expenses.
9.11. The limitation of liability (disclaimer) represents risk sharing between the parties (you and our company) while use the Website / the Service / the Content.
9.12. The limitations described in this provision are currently in force and applied even if any limited described in this provision is found to have failed of its essential purpose.

10. The compensation

10.1. Except for the cases when it is prohibited by governing law you shall:
10.1.1. indemnify, defend and hold harmless our Company (also officers, members, agents, directors, consultants, managers, contractors, service providers, employees, successors partners, and assigns) from and against any and all third parties suits / actions / proceedings / claims (regardless of the type of threats).
10.1.2. all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) resulting from, relating to or in connection with:
– your use / misuse depended on access to the Service or Content;
– your breach of the Terms, of any governing law;
– any claim that any information provided by you to our Company in relation to the Website, including the Content, caused damage to, infringed upon, misappropriated or otherwise breach the rights of any third party, including infringement, misappropriation or other breach of third-party intellectual property rights, or breach of any right of privacy or publicity;
– any dispute that you have with the third party relating to or in connection with the Service or Content.
10.2. We have the right (but aren’t obliged) to assume, at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses and in the conduct of such defense.

11. The enforcement

11.1. The remedies available and described in the Terms are collected and addition to any others legal available remedies to our Company. We have right to use all remedies available to Us by law and in equity for any breach of the Terms.
11.2. We may suspend, terminate or block your access to the Website / the Service / the Content (in whole or in part) for any breach or suspected breach as we determine, without notice to you.
11.3. We have the right, but don’t take any obligation, to investigate any suspected breach of the Terms or any misuse of the Service.
11.4. Also, we further have the right to report any activity, data or persons to, and otherwise cooperate with:
– the public authorities (for example law enforcement authorities, financial regulators);
– system administrators of Internet service providers, networks or computing facilities;
– providers and/or third-party vendors
We must report and cooperate with them if we suspect that you have breach the Terms or the current governing law and rule or regulation.
11.5. You agree that We may provide them the information relating to you and/or your use of the Website / the Service / the Content. Also, We have right to provide them upon request the information about your email address, IP address or other identifying information.
11.6. We may disclose any information if it necessary to comply with governing law, regulation, subpoena or other legal process or governmental or regulatory request.

12. Modifications and updates

12.1. Our Company has the right to change, pause or stop (sometimes or even on a long-term), the Website / the Service / the Content, with or without notice and without liability to you.
12.2. Sometimes We may provide enhancements or improvements to the features/ functionality of the Website / the Service / the Content, which may include patches, bug fixes, updates, upgrades and other changes (hereinafter referred to as ‘Updates’).
12.3. Updates may change or delete certain features and/or functionalities of the Website / Service /Contain. You agree that We have no obligation to:
– provide any Updates and changes (modifications);
– continue to give or involve any particular features and/or functionalities of the Website / Service /Contain.

13. Changes to the Terms

13.1. If our Company decides to update the Terms, we will post new version of the Terms on this page, and/or update the date above. We recommend you to check the page often to make certain that you are aware of the most current Terms.
13.2. If you continue to use the Website/ Service/ Content, you will be bound by the new version of the Terms. If you don’t agree with changes, please, don’t use the Website / the Service / the Content. If you don’t agree to the new version of the Terms, you lose any right to use the Website / Service/ Content.

14. Procedure for resolving disputes

14.1. Before going to court with a claim for disputes arising from the relationship between You and our Company, you must file a claim (a written proposal for a voluntary settlement of the dispute).
14.2. In the event of a dispute, you or We must give the other a claim, which is a written reasoned statement.
14.3. “dispute” – is any dispute, action, or other controversy between you and our Company concerning the Service or the Terms. “Dispute” will be given the broadest possible meaning in accordance with governing law.

15. Term and Termination

15.1. The Terms shall remain in effect until terminated by You or Us.
15.2. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate the Terms with or without prior notice.
15.3. The Terms will terminate immediately, without prior notice from Us, in the event that you fail to comply with any provision of the Terms. You may also terminate the Terms by deleting the Website / the Service / the Content and all copies thereof from your computer.
15.4. Upon termination of the Terms, you shall cease all use of the Website and delete all copies of the website from your computer.

16. Final clauses

16.1. The term for joining the Terms is limited by finding the Terms on the Website. The Terms comes into force at the moment of its acceptance by you and is valid indefinitely.
16.2. The Terms is the entire agreement between you and our Company regarding your use of the Website / the Service / the Content and supersedes all prior and contemporaneous written or oral agreements between the parties (you and Us).
16.3. The Parties agreed to equate such simple electronic signatures with an analogue of the Parties’ handwritten signature, and documents in electronic form – with analogues of paper documents.
16.4. You recognize that you don’t have joint venture, agency, partnership, or employment relationship exists between you and our Company and/or its affiliates as a result of the Terms / use of the Service.
16.5. Under no circumstances We aren’t responsible or liable for any failure or delay in the performance of its obligations including, without limitation, and the following force majeure events (hereinafter – ‘Force Majeure Event(s)’):
a) acts of God;
b) flood, fire, earthquake or explosion;
c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
d) government order or law;
e) actions, embargoes or blockades in effect on or after the date of the Terms;
f) action by any governmental authority;
g) national or regional emergency;
h) strikes, labor stoppages or slowdowns or other industrial disturbances;
i) epidemic, pandemic or similar influenza or bacterial infection;
j) emergency state;
k) shortage of adequate medical supplies and equipment;
l) shortage of power or transportation facilities;
m) interruptions, loss or malfunctions of utilities, communications or computer services;
n) other similar events.
16.6. The Terms, and any rights and licenses granted hereunder, may not be passed or assigned by you, but may be assigned by Our Company without limitation. If you try to transfer or assignment rights in breach hereof the Terms shall be null and void.
16.7. If one or more provisions of the Terms are for any reason invalid or unenforceable, such invalidity shall not affect the validity of any other provision of the Terms which shall remain in full force and effect. Recognition of the invalidity of any provision of the Terms doesn’t entail the invalidity of the remaining provisions.
16.8. The parties acknowledge that all notices, messages, agreements, documents and letters sent using authorized email addresses may be used as written evidence in court.
16.9. Any title or provision title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of the Terms.