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This Terms of Service (hereinafter the "Agreement") is an electronic contract between the User and AWX (hereinafter the "Operator").
1.1. The Operator provides this service, including all information, graphics, documents, text, products and all other elements of this service, as well as all products and services offered on this service, and services managed through the service, for your use in accordance with the terms and conditions set forth herein and in any additional documents available on this service. By accessing and using this service, using any of the Operator's services available on this service, or checking the box "I agree to the Terms of Service" and clicking the "Register" button, you agree to the terms of this Agreement and all terms contained and/or referenced herein, or any additional terms set forth in this service, and all such terms are deemed accepted by you. If you do not agree to all of these terms of the Agreement, you should not use this service.
1.2. The Operator may block access or restrict certain features of the service for a user who is a citizen or permanent resident of certain states.
2.1. This Agreement contains the complete agreement and supersedes all prior and current arrangements between the parties regarding the use of the service and services. This Agreement does not modify the terms or conditions of any other electronic or written agreement you may have with the Operator regarding any service or any other product of the Operator. In the event of any conflict between this Agreement and any other agreement you may have with the Operator, the terms of such other agreement shall prevail only if such agreement expressly states that it has greater legal force.
3.1. This Agreement may be amended by the Operator by notice provided by one or more of the following methods: through the service during or after logging into your account, by electronic message to the address you provided when creating your account. Your failure to provide or maintain accurate or current contact information does not relieve you of your responsibility to comply with this Agreement as periodically amended. Please regularly check the Agreement published on this service to ensure you are aware of all terms governing the use of this service. In addition, specific content or transactions entered into through this service may be subject to special terms and conditions. Such special terms may supplement this Agreement or supersede this Agreement.
4.1. Currently, the terms used in this Terms of Service have the following meanings and rules of interpretation:
5.1. Transactions with digital assets, including their exchange, involve significant risk. Prices can change significantly within a single day. Such price fluctuations may increase or decrease the value of your assets at any time. Any currency, virtual or not, may be subject to significant fluctuations in value and may even become worthless. There is an inherent risk that losses will occur as a result of purchase, sale or exchange.
5.2. Transactions with digital assets also involve special risks that are not typically inherent to fiat currencies or commodities. Unlike most currencies, which are backed by governments, other legal entities or commodities such as gold or silver, cryptocurrencies represent a unique type of "fiat" currency backed by technology and trust. There is also no central bank that could issue more currency or take corrective measures to protect the value of cryptocurrencies in times of crisis.
5.3. Instead, cryptocurrencies represent an as-yet autonomous and largely unregulated global platform of currency firms and individuals.
5.4. Transactions with digital assets are often subject to irrational (or rational) bubbles or loss of confidence, which can lead to a collapse in demand relative to supply. For example, confidence in cryptocurrencies could collapse due to unexpected changes introduced by software developers or other persons, government sanctions, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence could also collapse due to technical issues: if the anonymity of the service is compromised, if funds are lost or stolen, or if hackers or governments are able to prevent any transactions from being conducted.
5.5. Cryptocurrency, unlike bank accounts or accounts in some other financial institutions, is completely uninsured.
5.6. The User acknowledges that there are other risks associated with the use of the service, including but not limited to hardware, software and internet connection failures. The User acknowledges that the Operator is not responsible for any communication failures, disruptions, errors, distortions or delays you may encounter when using the service, regardless of the cause.
5.7. Funds may be stored by the user in their digital wallet or vault, access to which requires a private key or combination of private keys. Accordingly, the loss of the necessary private keys associated with such user's digital wallet or vault in which funds are stored will result in the loss of such funds, access to the user's cryptocurrency balance and/or any balances in third-party blockchains. Moreover, any third party that gains access to such private keys, including by gaining access to the login credentials of an external wallet used by the user, may unlawfully appropriate the user's funds.
5.8. Blockchain technologies have been the subject of close scrutiny by various regulatory authorities around the world. The functioning of the Ethereum network and related blockchain networks and various cryptocurrencies may be affected by one or more regulatory acts or actions of regulatory authorities, including but not limited to restrictions on the use or possession of any cryptocurrency, which may prevent or limit their existence, the admissibility of their use and possession, and their value.
5.9. There may be additional risks that we have not foreseen or identified in this Terms of Service.
6.1. The following restrictions and conditions apply to the use of the services, creation and maintenance of an account (as such term is defined below):
6.2. You must not create an account on the service (account) or access the service if you have not reached the age of majority to enter into this Agreement (at least 18 years old) and do not meet all other eligibility and residency requirements, and are not fully legally competent to use the service;
6.3. You may use the service and/or services if you are a PEP or any family member of a PEP or any close associate of a PEP, only if the Operator, after special written notice that the user is such a person, conducts additional verification and determines that you are eligible to use the service and/or services;
6.4. You must monitor your account to limit its use by minors, and you must prohibit access to it by children and adolescents under 18 years of age. You assume full responsibility for any unauthorized use of the service by minors in connection with your account. You are solely responsible for any use of your cryptocurrency wallet or other payment instrument by minors;
6.5. You must not create an account if you have already created one account on the service;
6.6. You must not have an account or use the services if the Operator has previously removed you from the service;
6.7. By accessing and using the services of AWX.PRO, you represent and warrant that you have not been included in any lists of trade embargoes or economic sanctions, in particular the Resolutions of the United Nations Security Council (UNSC), as well as other applicable laws and sanctions provisions in the jurisdictions in which AWX.PRO operates. AWX.PRO reserves the right to choose markets and jurisdictions for conducting business and may, at its discretion, limit or refuse the provision of services in certain countries or regions.
6.8. If you are acting as an employee or agent of a legal entity and entering into these Terms on their behalf, you represent and warrant that you have all necessary rights and authority to bind such legal entity;
6.9. You must not use your account to advertise, solicit or transmit any commercial advertising, including mailing lists, unsolicited email or repetitive messages (spim and spam) to any other user or third party;
6.10. You must not use your account to commit any illegal activities, including but not limited to activities related to money laundering, drug trafficking, human trafficking, arms trafficking, terrorism, securities fraud or tax evasion. The User represents and warrants that he/she will not use the service to assist any other party in such illegal activities; and you must not use your account to: distribute spam, unsolicited messages or chain letters; reverse engineer or otherwise improperly access any of the service or platforms, underlying code or technical mechanisms; damage the service or the Operator in any way, including (but not limited to) the use of malware, viruses, illegal credentials, phishing, brute force attacks, SQL exploits or any other methods of malicious interception, interruption or damage of any information or functionality related to the service;
6.11. You must not sublicense, rent, sell, exchange, gift, bequeath or otherwise transfer your account to anyone without the written permission of the Operator;
6.12. You must not access or use an account that has been sublicensed, rented, leased, sold, given, gifted, bequeathed or otherwise transferred from the original account creator without the Operator's consent;
6.13. Notwithstanding the foregoing, the Operator may refuse to provide service or services to any person for any reason or for no reason.
7.1. Users are responsible for complying with local legislation regarding the lawful use of the AWX.PRO Services in their local jurisdiction, as well as other laws and regulations applicable to Users.
7.2. Users must also consider, within the framework of their local legislation, all aspects of taxation, withholding, collection, reporting and transfer to the relevant tax authorities. All users of AWX.PRO acknowledge and represent that their funds come from legal sources and do not originate from illegal activities.
7.3. Users agree that AWX.PRO has the right to require them to provide or otherwise collect necessary information and materials in accordance with laws or government orders to verify the legality of the sources and use of their funds.
7.4. AWX adheres to a position of cooperation with law enforcement agencies around the world and has the right to restrict access to the account, temporarily suspend operations or block funds until verification is completed in cases provided for by law and AML/KYC policy.
8.1. Use of the service may require the creation of an account. You warrant and represent that all information provided when creating such account is current, complete and accurate. You agree to promptly notify the Operator of any changes in any information that may cause the information provided when creating the account to cease to be current, complete or accurate.
8.2. The Operator opens virtual currency wallets in the account only after completing the "know your user" identification procedure in accordance with the rules defined in the KYC/AML policy. After registration, you must ensure that the information is accurate, complete and updated in a timely manner when changes occur. If there are any grounds to believe that any information you have provided is incorrect, false, outdated or incomplete, the Operator reserves the right to send you a notice requiring correction, direct deletion of the relevant information and, depending on the circumstances, termination of all or part of the services we provide to you. If we cannot contact you using the contact information you provided, you bear full responsibility for any losses or expenses caused to the Operator during your use of the service. You hereby acknowledge and agree that you are obligated to update all information in the event of any changes. By registering an account, you thereby authorize the Operator to conduct investigations that the Operator deems necessary, directly or through a third party, to verify your identity or protect you, other users and/or the Operator from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and fraud prevention or financial crime prevention agencies, which may respond fully to our investigations.
8.3. The Operator considers the application for opening a virtual wallet and supporting documents and information and makes a decision within the timeframes that the Operator, at its absolute discretion, establishes in each specific case.
8.4. The Operator may refuse to open a virtual wallet for the user's account. The Operator is not obliged to give reasons for refusal. The Operator notifies the potential user that their application for opening a virtual wallet has been rejected.
8.5. The User agrees to be solely responsible for the confidentiality of their account credentials. Any actions taken in the user's account are deemed to have been taken by the user unless the user can prove otherwise.
8.6. The Operator may delete an inactive account at any time with or without notice to the user if it was not possible to contact the user.
8.7. The service is not responsible for the loss of user funds in the event of transferring direct access (login/password) to third parties or if such access is available to third parties.
9.1. These Rules for creating and changing the User account password (hereinafter the "Rules") are an integral part of the Terms of Service and define the actions of the User and the Operator regarding access to the platform's services, and are made in development of the provisions of Sections 1 and 8 of the Terms of Service.
9.2. The Operator provides services, information, graphics, documents, materials, products and all other services (hereinafter "Services") through its information resources. The User has the right to use the Services after creating an account.
9.3. If the User clicks Register, this means that they have read, understood and accept all documents, rules and conditions for the provision of Services posted by the Operator on open information resources posted on the Internet. All questions, comments, suggestions of the User regarding other conditions for the provision of Services are sent by the potential User to the Operator before creating an account. If the User has created an account, this means that all issues have been resolved and the User receives the Services on the terms agreed by the Parties, set out on the website or directly agreed by the Parties in a single document drawn up in writing and signed by authorized representatives of the Parties.
9.4. By having access to the account, the User receives the opportunity to use the services of the Operator and its partners, using any services of the Operator available on this service.
9.5. The Operator has the right to suspend, limit or block access to the account, certain functions of the service for the User due to various circumstances provided for by the Terms of Service, these Rules, agreement of the Parties or other documents or decisions of the Operator, who is a citizen or person permanently residing in certain states.
9.6. When placing information in the account, the user guarantees that all information provided in such account is truthful, current, complete and accurate, and also that if the information contains information about other persons, such persons have granted the right to transfer such information to the Operator. The User confirms their consent to notify the Operator of any changes in any information that may cause the information provided when creating the account to cease to be current, complete or accurate, on the day of such change in information.
9.7. The Operator opens personal accounts (wallets) for accounting of digital assets in the account only after completing the identification procedure in accordance with the rules defined in the KYC/AML policy. The Operator is responsible only for ensuring that access to the account is obtained by the person who entered the correct login and password. The Operator's liability limit is limited to the amount of remuneration received from the User.
9.8. If the Operator has any doubts or grounds to believe that any information provided is unreliable, false, outdated or incomplete, that access to the account is being attempted by an unauthorized person, or when changing passwords, for security purposes, the Operator reserves the right to suspend the account or the User's access to the account until such circumstances are resolved. In addition, the Operator may send a notice with a request or demand for correction, addition or deletion of information and, depending on the circumstances. The start date and period of such suspension of the account or the User's access to the account is established by the Operator's internal rules.
9.9. If the Operator does not receive a response, is unable to contact the User or their representative using the provided contact information, the User's negligent attitude towards the Operator's requests, storage of account data or disclosure thereof to third parties, the User bears full responsibility for any damage, losses or expenses caused to themselves, the Operator and its partners when using the Services. The User is obliged to compensate for the damage, loss or expenses incurred by the Operator or its partners within 7 (Seven) days from the date of receipt of the relevant request from the Operator. In the absence of a response from the User with other methods of compensation for damage, losses or expenses, the Parties recognize this as an order from the User to write off the amount of compensation from the User's wallet, as well as from receipts in favor of the User.
9.10. By registering an account, the User authorizes the Operator to analyze the information provided, make inquiries about it, and also provide such information to third parties, including credit bureaus, government agencies, fraud prevention or financial crime prevention agencies, in order to establish the reliability of the information, as well as to obtain information for the security of the account, the User and/or the Operator.
9.11. The Operator considers the application for opening a wallet and supporting documents and information and makes a decision within the timeframes that the Operator, at its absolute discretion, establishes in each specific case. The Operator may refuse to open a wallet for the user's account. The Operator is not obliged to give reasons for refusal. The Operator notifies the potential user that their application for opening a wallet has been rejected.
9.12. The User agrees to be solely responsible for the confidentiality of their account credentials. Any actions taken in the user's account are deemed to have been taken by the user themselves.
9.13. The Operator has the right to delete the account in the absence of transactions within the term, as well as on other grounds established by the Operator.
9.14. The User has the right to change the password for accessing the account. At the Operator's direction, the user is obliged to change the password.
9.15. The password change procedure takes place in the following order:
9.16. The Operator uses software methods to establish the correctness of the entry of the old password, as well as the compliance of the new passwords with each other and with the Operator's rules.
9.17. If all information is entered correctly, the Operator changes the password. For the security of the User's funds, the Operator has the right to suspend access to the account when changing the password.
9.18. The Operator sends a message to the User that the password has been changed. The Operator has the right to notify about the suspension of the ability to use the services when changing the password. Unless otherwise established by other documents or decisions of the Operator, the suspension of transactions is carried out for a period of 24 hours from the moment the password is changed.
10.1. Unless otherwise provided by applicable law, the operator or user may initiate the deletion of the user's account at any time, without giving reasons.
10.2. The account must be closed within 5 (five) business days after receiving the corresponding user notice. If the operator has allegations that the user is violating these terms of use, the account must be closed within 2 (two) calendar days.
10.3. Notwithstanding the closure of the account, the user's obligations under this Agreement shall continue, and all outstanding balances on the account shall be paid immediately. If the account is closed by the operator and if the user still owes any funds to the operator, the Agreement continues to apply to the user until the operator receives and confirms receipt of all funds due and payable to the operator.
10.4. The Operator has the right to close the account unilaterally in the following cases:
10.5. The User does not comply with the Terms of Service and/or does not fulfill their obligations to the Operator;
10.6. The User has provided the Operator with incorrect and/or false and/or misleading information/documents;
10.7. The User has not accessed the account and has not made any transactions for more than 6 consecutive months or for another period of time determined by the Operator at its absolute discretion, and the account balance is zero.
10.8. The Operator receives information about the user's negative reputation or the user shows disrespect to the Operator.
10.9. The Operator suspects that the user or the funds held in the account are related to money laundering, criminal proceeds or terrorism, or the funds held in the account are illegal, or transactions are carried out in the interests of PEPs.
10.10. Once the account is closed for any reason, all electronic services associated with the account will also be automatically terminated.
11.1. The AWX Service provides Users with the opportunity to carry out operations for the exchange of digital assets for fiat funds, as well as fiat funds for digital assets in accordance with the terms of this Agreement. All prices reflect the exchange rates applicable to the purchase or sale of cryptocurrencies. The Operator reserves the right to stop the sale and purchase or exchange of cryptocurrencies without prior notice.
11.2. Prior to completing your purchase or sale order, we will provide notice of the amount of cryptocurrency you intend to purchase or sell, and the amount of commission you will be required to pay to the Operator for receiving such cryptocurrency. You agree to comply with any terms and conditions set forth in such notice to complete your purchase transaction.
11.3. In the event of an error, whether through our services, in the confirmation of a purchase order, in processing your purchase or otherwise, the Operator reserves the right to correct such error and correspondingly revise your purchase transaction (including charging the correct price) or cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and receive a refund of any amount charged.
11.4. Only valid payment methods may be used to place orders. By placing an order to purchase or sell cryptocurrency, you represent and warrant that:
11.5. If the payment method you specify cannot be verified, is invalid or otherwise unacceptable, your purchase order may be suspended or automatically cancelled. You agree to resolve any issues we encounter to proceed with the execution of your purchase order.
12.1. To conduct an exchange transaction, the User submits an order through the form provided by the service interface. In their application, the user indicates the amount and currency (crypto or fiat) that the user intends to exchange, as well as the required payment method and the method of receiving the counter-performance. By submitting such an application, the user agrees to the exchange rate displayed in the service at the time of submitting the application.
12.2. The Operator is obliged to provide payment instructions to the user within 1 business day from the date the Operator accepts the user's application for an exchange transaction. The Operator is obliged to provide the counter-performance to the user through a payment method additionally agreed in writing (including through messages in the Service), within 5 business days after the user transfers the fiat funds or cryptocurrency specified in the application, unless otherwise agreed with the user.
12.3. Due to the high volatility of cryptocurrencies, prices displayed in the service may differ from actual prices at the time of placing an order; the prices valid at the time of the order (which are applicable) prevail.
13.1. The User pays the Operator's fees for the provision of exchange services. The amount of fees is determined by the Operator.
13.2. You authorize us or our designated payment processor to charge or debit your user account as payment for any applicable fees due in connection with transactions you initiate through the service.
14.1. If for any reason the Operator holds funds in your account on your behalf, and the Operator is unable to return your funds to the external account you specified after a period of inactivity equal to 24 (twenty-four) consecutive months, then the Operator may report and transfer such funds in accordance with applicable unclaimed property laws.
15.1. The User is solely responsible for determining whether transactions in which they participate have tax consequences for the user in the jurisdiction of the user's permanent residence. By accepting this Agreement and to the extent permitted by law, the user agrees to release the Operator, its affiliates, shareholders, directors or advisors from any tax liabilities related to or arising from the user's participation in any transaction.
15.2. The User is solely responsible for withholding, collecting, paying, settling and/or transferring any and all taxes to the appropriate tax authorities in such jurisdiction(s) in which the user may be required to pay taxes. The Operator is not responsible for withholding, collecting, paying, settling and/or transferring any taxes (including but not limited to income tax, capital gains tax, value added tax or similar tax) that may arise from the user's participation in any transaction under or in connection with this Agreement.
16.1. No communication or information provided to you by the Operator is intended or should be considered or construed as investment advice, financial advice, trading advice or advice of any other kind. Before making a decision to purchase, sell or hold any cryptocurrency, you should conduct your own due diligence and consult with your financial advisors before making any investment decision. The Operator is not responsible for the decisions you make regarding the purchase, sale or storage of cryptocurrency based on information provided by the Operator.
16.2. Unless expressly stated otherwise by us in writing, our service and/or services are provided on an "as is" and "as available" basis. we expressly disclaim all warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to our service and/or services, including the information, content and materials contained therein. Moreover, the Operator has no control over transactions other than the exchange transaction.
16.3. You acknowledge that the information you store or transmit through the service may be irretrievably lost, corrupted or temporarily unavailable for various reasons, including software failures, protocol changes by third-party providers, internet outages, force majeure events or other disasters, including ddos attacks by third parties, scheduled or unscheduled maintenance, or other reasons within or beyond our control. You are solely responsible for backing up and maintaining copies of any information you store or transmit through the service.
16.4. Some jurisdictions do not allow the exclusion of implied conditions in consumer contracts, so some or all of the disclaimers in this section may not apply to certain users.
17.1. Except as provided by law, the Operator, its directors, members, employees or agents shall not under any circumstances be liable for any special, indirect or consequential damages or any other damages of any kind, including, without limitation, loss of use, lost profits or loss of data, whether in an action in contract, tort (including, without limitation, negligence) or otherwise, arising out of or in any way connected with the use or inability to use our service or the Operator's materials, including, without limitation, any damages caused by or resulting from reliance by any user on any information obtained from the Operator, or arising from errors, omissions, interruptions, deletion of files or electronic messages, errors, defects, viruses, delays in operation or transmission or any non-performance, whether or not resulting from force majeure, communication failure, theft, destruction or unauthorized access to the Operator's records, programs or services;
17.2. Some jurisdictions do not allow the exclusion of certain warranties, as well as the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in this section may not apply to certain users.
17.3. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of the Operator (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, active, passive or imputed), product liability, strict liability or other theory of liability, arising out of or relating to the use or inability to use the service, exceed the amount of 1,000 (one thousand) US dollars.
17.4. The Operator is not liable for any damage caused by delay or failure to perform its obligations under the Agreement if such delay or failure is caused by fires; strikes; floods; power outages or disruptions; lawful actions of government authorities; any actions that are considered in legal practice as Force Majeure.
18.1. Any use of the service in violation of this Agreement is strictly prohibited and may result in immediate termination of use of the service, and may also entail liability for violation of law. Any attempts by you to disrupt or interfere with the operation of the service, including undermining or manipulating the legitimate operation of any digital product of the Operator, such as the service, are a violation of the Operator's policy and may be a violation of applicable law;
18.2. Without limiting any other remedies, the Operator may limit, suspend, terminate, modify or delete accounts or access to the service or parts thereof, if you or the Operator reasonably suspects that you are not complying with any of the terms of the Agreement or for any actual or suspected illegal or improper use of the service, with or without notice to you. You may lose access to your account as a result of termination or restriction of the account, as well as any benefits associated with the use of the service, and the Operator is not obliged to compensate you for any such losses or results.
18.3. You agree that under no circumstances will you: take any action that the Operator, in its reasonable discretion, deems contrary to the spirit or intent of the service, including, without limitation, circumventing or manipulating this Agreement, service rules or any other documents;
18.4. Use the service for improper purposes, including, without limitation, providing false personal information or using obscene and offensive language in communication with our staff;
18.5. Intentionally or unintentionally use the service in connection with a violation of any applicable law or regulation or do anything that contributes to a violation of any applicable law or regulation or violates the rights of third parties;
18.6. Use exploits, automation programs or any unauthorized third-party software designed to modify or interfere with the operation of the service;
18.7. Use the service to develop or assist in the development of exploits, automation programs or any other unauthorized third-party software designed to modify or interfere with the operation of the service;
18.8. Violate, overload or facilitate the violation or overloading of any computer or server used to offer or support the service (each of which is a "Server");
18.9. Organize, assist or participate in attacks of any type, including, without limitation, virus distribution, denial of service attacks, mining attacks on the service or other attempts to disrupt the operation of the service;
18.10. Attempt to gain unauthorized access to the service, accounts registered to other persons, or to computers, servers or networks connected to the service, in any way other than through the user interface provided by the Operator, including but not limited to 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;
18.11. Interfere with or attempt to interfere with the proper functioning of the service or connect to the service or use it in any way not expressly permitted by this Agreement;
18.12. Use, facilitate, create or maintain any unauthorized connection to the service, including, without limitation, (1) any connection to any unauthorized server that emulates or attempts to emulate any part of the service; or (2) any connection using programs, tools or software not approved by the Operator;
18.13. Except as permitted by law or applicable open source licenses, reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain the source code of any underlying software or other intellectual property used to provide the service, or obtain any information from the service in any way not expressly permitted by the Operator;
18.14. Copy, modify or distribute the content of the service, copyrights or trademarks of the Operator or use any method to copy or distribute the content of the service, except as specifically permitted by this Agreement;
18.15. Solicit or attempt to solicit personal information from other users of the service;
18.16. Collect, extract or post through the service anyone's private information, including personally identifiable information (in text, image or video form), identity documents or financial information;
18.17. Publicly disseminate information about the types and methods of violation of this Agreement and the Privacy Policy, as well as publicly call for violation of this Agreement and the Privacy Policy;
18.18. Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support service.
18.19. Register and use more than one account to access the service. If there are reasonable grounds to believe that you have registered or are using more than one account, the Operator has the right to limit, suspend, terminate, modify or delete any and all accounts associated with you;
18.20. Use IP address change or other methods of masking the region (country) of your current location to bypass geographic restrictions for accessing the service or for any other purposes;
19.1. You hereby expressly agree that all rights, title and interest in all intellectual property rights, including, without limitation, patents, copyrights, trademarks, trade secrets and all other relevant proprietary rights in this service, belong to the Operator and/or its licensors, and the Operator and/or its licensors are their sole and exclusive owners. All rights to the service not expressly granted herein are reserved. You agree not to copy, republish, upload, transmit, modify, rent, lend, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the service, other products or services of the Operator, except as expressly permitted herein. Unless otherwise provided, the content published on this service may be reproduced or distributed in unmodified form only for personal non-commercial use. Any other use of the content, including, without limitation, distribution, reproduction, modification, display or transmission without the prior written consent of the Operator is strictly prohibited. All copyright and other proprietary notices must be preserved on all reproductions.
19.2. The Operator hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property interests of third parties. All of the foregoing intellectual property objects of third parties are the property of their respective owners. Third party materials are the property of their respective owners. The Operator disclaims any property interests in intellectual property rights other than its own.
19.3. If at our request you submit certain specific materials, or without our request you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (hereinafter "comments"), you agree that we may at any time without restriction edit, copy, publish, distribute, translate and otherwise use on any media any comments you send to us. We are not obligated to (1) keep any comments confidential; (2) pay compensation for any comments; or (3) respond to any comments.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
20.1. This Agreement is governed by, interpreted and enforced in accordance with the laws of the Russian Federation.
20.2. The Parties shall make efforts to resolve all disputes, disagreements and claims that may arise in connection with the execution, termination or annulment of the Agreement through negotiations. The Party with claims must send the other Party a notice describing the claims and/or disagreements. The address for sending claims to the Operator is: support@awx.pro.
If no agreement is reached during negotiations, the Party sends a claim to the other Party. The Party that receives the claim is obliged to respond to it in writing within 10 (ten) days from the date of receipt.
20.3. Any dispute not resolved through negotiations shall be subject to resolution in court at the Operator's location in accordance with the legislation of the Russian Federation.
21.1. You hereby agree to indemnify and hold harmless the Operator, officers, directors, agents and employees from any expenses, losses, claims, damages, fines, penalties or liability, including reasonable attorneys' fees and other professionals' fees payable under any judgment, verdict, court order or settlement agreement, to the extent that it is the result of any claim, demand, action, arbitration, or other proceeding initiated by any third party, including assessment, action or claim of a government agency or organization, arising from your breach of this Agreement of use, including, without limitation, breach by user materials of any third-party intellectual property and/or proprietary rights, including but not limited to patent, trademark, copyright, trade secret, publicity and/or privacy.
22.1. The Operator may assign, transfer or delegate rights and obligations under this Agreement or the performance of any of its obligations under this Agreement and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under this Agreement or the Privacy Policy without the prior written consent of the Operator, which may be withheld at its sole discretion, and any assignment of rights or delegation of duties by you without obtaining the Operator's consent is void and without legal effect.
23.1. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remaining provisions, covenants and restrictions set forth in this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties to this Agreement shall use commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as is intended by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intent of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of them that may subsequently be declared invalid, illegal, void or unenforceable.
24.1. Any notice or other communication under this Agreement shall be in writing and shall be deemed given and received when sent by email. The User's official email for communication is the email address specified by the user when creating the Account.
25.1. The term of this Agreement (the "Term") begins from the moment you start using this service and/or services and continues indefinitely, unless otherwise terminated by the Operator by written notice. The Operator expressly reserves the right to modify, suspend or discontinue the operation of the entire service or any part thereof at any time, and may also terminate your use of the service at any time. Without prejudice to any other rights, this Agreement automatically terminates if you fail to comply with any of the restrictions or other requirements described herein. Upon any termination or expiration of this Agreement, you must immediately cease using the service, including, without limitation, any use of the Operator's trademarks, trade names, copyrights and other intellectual property.
25.2. Without limiting any other remedies, the Operator may limit, suspend, terminate, modify or delete accounts or access to the service or parts thereof, if you or the Operator reasonably suspects that you are not complying with any of the terms of the Agreement or for any actual or suspected illegal or improper use of the service, with or without notice to you. You may lose access to your account as a result of termination or restriction of the account, as well as any benefits associated with the use of the service, and the Operator is not obliged to compensate you for any such losses or results.
25.3. The Operator reserves the right to cease offering and/or supporting the service or part of the service at any time permanently or temporarily, at which point your license to use the service or part thereof will be automatically terminated or suspended.
25.4. Termination of your account may include disabling your access to the service or any part thereof, including any content provided by you or others.
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