WEBSITE TERMS OF SERVICE
Some or all of the information on this Web site(s) is provided by Foruscoin, LLC ("ONFO"), a Missouri Limited Liability Corporation, on one or more Web sites. The ONFO Web sites include the following Web sites: ONFOCOIN.com. ONFO provides this service to you, subject to the following Terms of Service ("TOS"), which may be updated by us anytime without notice to you.
When using particular ONFO services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TOS. For specific services, ONFO also may put forth specific Terms of Service that differ from this TOS. It is your responsibility to periodically review the TOS. If you do not agree with or understand the TOS, do not use any of the ONFO sites.
The TOS applies to "Users" (all persons that make any use whatsoever of any Service, as defined below). ONFO currently provides Users with several resources, including the ability to send, receive, earn, and store ONFO cryptocurrency tokens, and to invite others to join ONFO’s services (the "Service"). Unless expressly stated otherwise, new resources added to the current Service shall be subject to the TOS.
ONFO “Service” Definition: For purposes of this website, ONFO is a web-based service that allows ONFO account creation and access, including sending, receiving, and managing the storage of ONFO cryptocurrency tokens. It may also include a messaging system, transaction payment terminal APIs, and account profile services. This site is NOT the decentralized blockchain ledger known as ONFO, which is decentralized and distributed; it is merely an access portal to the ONFO blockchain ledger.
In consideration of your use of the Service, you agree to:
- (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the "Registration Data"), and
- (b) maintain and promptly update the Registration Data to keep it truthful, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or ONFO has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ONFO has the right to suspend or terminate your account and reclaim any of your stored ONFO tokens and refuse any and all current or future use of the Service (or any portion thereof).
You will receive/designate Login Credentials (passwords, PINs, 2 factor authorization, etc.) and an account designation upon completing the registration process for the use of Services. You are responsible for maintaining the confidentiality of your Login Credentials and you are fully responsible for all activities that occur under your login Credentials.
You further agree to:
- (a) immediately notify ONFO of any unauthorized use of your Login Credentials, or account, or any other breach of security, and
- (b) ensure that you exit from your account at the end of each session. ONFO cannot and will not be liable for any loss or damage arising from your failure to comply with this TOS.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ONFO, are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via the Service. ONFO does not control the Content posted via the Service and thus does not guarantee its accuracy, integrity, or quality. By using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will ONFO be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, messaged, e-mailed, or otherwise transmitted via the Service.
You agree to not use the Service to:
- i. transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- ii. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- iii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- iv. transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- v. transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- vi. transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in areas designated for such purpose;
- vii. transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- viii. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- ix. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or
- x. "stalk" or otherwise harass another or collect or store personal data about other Users.
You acknowledge that ONFO does not pre-screen Content, but that ONFO and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, ONFO and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ONFO or submitted to ONFO, including without limitation information in ONFO Message or Promotion Boards and in all other parts of the Service.
You acknowledge and agree that ONFO may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- (a) comply with legal process;
- (b) enforce the TOS;
- (c) respond to claims that any Content violates the rights of third parties; or
- (d) protect the rights, property, or personal safety of ONFO, its Users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve:
- (a) transmissions over various networks and
- (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
You agree to indemnify and hold ONFO and its subsidiaries, Affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content or cryptocurrency tokens you submit, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service, except in accordance with the TOS.
You acknowledge that ONFO may establish general practices and limits concerning use of the Service, including without limitation the maximum amount of cryptocurrency tokens that may be sent or received, the maximum amount of cryptocurrency tokens that may be earned through Network Mining, the number of days Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on ONFO’s servers on your behalf, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time.
You acknowledge that ONFO reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ONFO reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
ONFO may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, or may change the conditions for access to the Service, all with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that ONFO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ONFO shall not be liable to you or any third party for any termination of your access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that ONFO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by ONFO or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
ONFO grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on your mobile device, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ONFO for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONFO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- b. ONFO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONFO OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONFO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ONFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
NO CONTENT INCLUDED IN THE SERVICE IS INTENDED FOR TRADING OR INVESTING PURPOSES. ONFO SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED VIA THE SERVICE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION.
This Terms of Service agreement governs your use of our Services, superseding any prior agreements between you and ONFO. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and ONFO shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and ONFO agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Greene, Missouri, USA. The failure of ONFO to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties? intentions as reflected in the provision and that the other provisions of the TOS remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.