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Terms & Conditions

RSK LABS Ltd.
Terms of website use Last updated: January 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These terms of website use, as amended from time to time (“Terms”), set out the rules for accessing and using our website: www.rsk.co (“Website”). By accessing or using our Website, you will be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, you may not access or use the Website.

WHO WE ARE AND HOW TO CONTACT US

The Website is a website operated by RSK LABS Ltd. and its affiliates (“Company”, ”we”, “our” or “us”). We are registered in British Virgin Islands under company number 1895440 and have our registered office at Morgan & Morgan Building, Pasea Estate, Road Town, Tortola, British Virgin Islands. RSK Labs Ltd. is a subsidiary of RIF LABS Limited, a company incorporated in Gibraltar.

If you have any questions regarding these Terms, please contact us by email at info@rsk.co

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

By accessing or using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you are accessing or using this Website on behalf of an organisation, you confirm that you are duly authorised to accept, and be bound by, these Terms on behalf of the organisation.

You are responsible for ensuring that all persons who access our Website through your internet connection or devices are aware of these Terms and all terms incorporated herein by reference, and that they comply with them. We shall not be responsible or liable for any loss or damage that you suffer as a result of any unauthorised access to this Website through your internet connection or devices.

If you do not agree to these Terms, you must not use our Website.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to the following additional terms, which are incorporated into these Terms by reference and also apply to your access and use of our Website:

• Our Privacy & Cookie Policy (“Privacy Policy”). By using the Website you agree with the processing of your data in accordance with the Privacy Policy above mentioned.

WE MAY MAKE CHANGES TO THESE TERMS

We reserve the right to amend or update these Terms and/or the Privacy Policy from time to time. Any such change will take effect upon posting the updated Terms to this Website. It is expressly established that the continuity in the use of the Website by the users – after publishing any modification of these Terms on the Website –will be deemed as acceptance of the new Terms.Every time you wish to access or use our Website, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on the date stated at the top of these Terms.

HOW YOU MAY USE MATERIAL ON OUR WEBSITE

All rights, actions, titles and interests on and respect the Website, are owned by -or have authorization granted by their owners to use by the Company, including the entirety of the software (including the software source code of the Website), texts, photos, graphics, data, images, videos, any other work or visual or audiovisual production, media, and other content available on the Website, as well as the design, distribution and appearance of the Website, the trademarks -registered or not- or logos, internet domains, and elements of those trademarks and rights over our databases (the “Intellectual Property”).

We are the owner or the licensee of all Intellectual Property and those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved. You must abstain from duplicating, copying, downloading, capturing, storing, distributing, retransmitting or otherwise reproducing our Intellectual Property or a portion of the HTML/CSS, JavaScript or visual design elements or concepts, without the written express and prior authorization of the Company. Such prohibition will also apply regarding the information relative to other users. Consequently, you may only download, capture and/or store your own information using the tools that are available for this purpose on the Website.

Any interference or activity which attempt to violate the intellectual property laws, and/or the prohibitions stipulated in this section will make you liable regarding any claim or legal actions, without limitation for damages and criminal actions, without prejudice of the sanctions provided in these Terms.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms, your right to access and use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

This Website may contain links, content, advertisements, promotions, logos and/or other materials (“Links”) to websites that are provided and controlled by third parties. Such Links are provided for your information only and should not be interpreted as an endorsement or approval by us of those linked websites or of information that you may obtain from them.

We do not monitor or maintain these linked websites and have no control over the operation, maintenance or content of those websites or resources. You must therefore ensure that you understand any risks involved in relation to accessing or using such third party websites or resources. You agree that under no circumstances will you hold us liable for any loss or damage caused by or resulting from any access to or use of third party websites or resources through Links contained on our Website.

USER-GENERATED CONTENT

This Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

You agree to ensure that all material, information or other content that you send or upload to this Website (including, but not limited to, emails, text, graphic files, images or responses to any information requests available through this Website) (“User Content”) is legal, not offensive, truthful, complies with all applicable laws and regulations, does not infringe the intellectual property rights or other rights of the Company or any third party, is not defamatory, unreliable or misleading or otherwise objectionable and is free of bugs, worms, viruses or other technologically harmful components.

You are solely responsible for your User Content and are in the best position to know if your User Content may be used in connection with this Website. If we consider, in our sole discretion, that any part of your User Content breaches these Terms or exposes us to the risk of a claim or complaint by a third party, we may block access to all or part of this Website and remove or edit all or part of your User Content. You agree to provide all reasonable cooperation and assistance which we may request in this respect.

You further agree not to use this Website to advertise or sell any goods or services to other users of this Website. You agree not to publish any information or personal data relating to a third party in your User Content.

Any User Content that you send or upload to this Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you hereby grant us and other users of this Website, a limited licence to use, store, publish, edit, translate, adapt and copy that User Content and to distribute and make it available to third parties.

If you wish to complain about any User Content on this Website, please contact us on info@rsk.co

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy which is available at: www.rsk.co/privacy

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

Except with our express prior written consent, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than as set out above, please contactinfo@rsk.co.

WE ARE NOT RESPONSIBLE FOR SYSTEM FAILURES AND VIRUSES, AND YOU MUST NOT INTRODUCE THEM

The Company shall not be responsible for any damage suffered by you as a result of failures in the use of the Website, the system, the server or the Internet. User acknowledges and agrees that the Company does not undertake any responsibility, nor the user shall be entitled to demand any payment for lost profits by virtue of damages resulting from technical issues or failures in the Website or the Internet.

We do not guarantee that our Website will be secure or free from bugs, viruses or other defects. You are responsible for configuring your information technology, devices, computer programmes and/or platform that you use to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. If you breach this provision, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and use our Website will cease immediately.

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

Our Website is made available free of charge.

The Company will have the right to remove or modify any information or functionality of the Website (including user´s Information) as its sole discretion and without any cause. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. The User acknowledges and agrees that the we may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal without undertaking any responsibility towards the user.

DO NOT RELY ON INFORMATION ON THIS WEBSITE

The content on this Website is provided for general information only in relation to the Company and its activities. The Website may include advertisements directed to the content or information existing on the Website (including user’s information), questions made through the Website or any other information. The kind and extension of the advertisements from the Company in the Website will depend exclusively on the criteria of the Company and will be subject to changes at its sole discretion and without any communications or notifications to the users Nothing on this Website constitutes an offer or solicitation to buy any goods, services or products in any jurisdiction. The content on this Website is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

DISCLAIMER AND LIMITATION OF LIABILITY

Although we make reasonable efforts to update the information on our Website, we disclaim (to the fullest extent permitted by applicable law) all representations and warranties (whether statutory or otherwise and whether express or implied) and provide no guarantees in relation to this Website and all content on this Website (including, without limitation, as to their condition, satisfactory quality, performance, fitness for purpose, non-infringement, accuracy, completeness or that it is up to date) and all such representations, warranties and guarantees are excluded.

To the fullest extent permitted by applicable law, we exclude all liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• access, use of, or inability to access or use, this Website; or

• use of or reliance on any content displayed on this Website.

Furthermore, we assume no liability or responsibility for (i) the inviolability of the data transmitted to the Website by public telecommunications networks, or by any other telematic means; (ii) the possible consequences of any nature, resulting from failures of the system, in the servers or on the internet that may result from accessing and/or using the Website; (iii) the veracity of the third-party advertising contained in the Website or the relationship established by the user with such third-parties and/or with other users; (iv) any temporary or permanent interruption, for any reason, that prevents the user of accessing the Website; (v) any loss or damage (including, for example, loss of profits, loss of information, loss of a chance, etc.) due to the use or inability to use by the user of the Website -either total or partial – or the consequences resulting from such use or inability to use; or (vi) any loss or damage that maybe caused to any equipment or software owing to any viruses, defects or malfunctions in connection with accessing or using this Website or any content on this Website.

Please note that we only provide this Website for domestic and private use. You agree not to access or use this Website for any commercial or business purposes, and we have no liability to you for any indirect or consequential losses, including (but not limited to): loss of profit, loss of business, business interruption, loss of business opportunity, goodwill or reputation or any similar loss.

By the use of the Website, you agree and undertake to indemnify and hold harmless the Company and its affiliates against all claims, costs, procedures, requirements, losses , damages and expenses (including, without limitation, reasonable attorneys’ fees and legal costs), of any kind or nature, arising from or related to any certain or alleged infringement of these Terms by you or any person who has used your account; as well as regarding the use that you make of the Website.

Nothing in these Terms shall exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

EXERCISE OF RIGHTS

Our rights under these Terms may be exercised:

• as often as necessary;

• are cumulative and not exclusive of any rights or remedies provided by law; and

• may be waived only in writing.

No failure or delay by either you or us in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

SEVERANCE

If a provision or part-provision of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted from these Terms. Any modification or deletion of a provision or part-provision of these Terms shall not affect the legality, validity or enforceability of any other provision of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the laws of British Virgin Islands. The courts of British Virgin Islands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).