This agreement (the “Agreement”) between you and Nome Tech Pty Ltd., a company incorporated or to be incorporated in Australia (“ONO”, “Nome Tech”, “we”, “us”, “our”), sets out your rights to access and use of ONO and any other products or services provided by us (the “Service”). If you are accepting this Agreement and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement. By accessing our Service, you agree that you have read, understood and accepted this Agreement.
If we decide to make changes to this Agreement, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on www.ono.chat (“website ”). Your continued use of the Service will confirm your acceptance of the changes.
1.1. This Agreement ensures that you fully understand the terms contained herein. Before you use any product, application, mobile application, service, and/or Content provided by us, please read this Agreement carefully, especially the Disclaimer and Limitation of Liability section in bold in the form provided in this Agreement. By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services. ONO’s personalized Services cannot be provided and the terms of this Agreement cannot be performed without ONO processing information about you and other users. Processing of the information you share with ONO is essential to the personalized Services which we provide and which you expect, including personalized Content (as described below) and ads, and is a necessary part of our performance of the agreement we have with you.
1.2. Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy, or trusteeship, between you and us.
1.3. You should abide by the terms of this agreement and use the service correctly and properly. If you violate any of the terms in this agreement, after informing you, Nome Tech shall have the right to terminate the services once you breach this agreement.
1.4.The ONO account provides services, and Nome Tech reserves the right to withdraw the ONO account number and user name at any time.
2.1. Nome Tech reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on the website or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
2.2. We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
2.3. In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
3.1. The Service is not targeted toward, nor intended for use by, anyone under the minimum age required by law or local regulations for you to form a binding contract. You must be at least 13 years of age or for users in South Korea,14 years of age (or the lower age that your country has provided for you to consent to the processing of your personal data) to access or use of the Service. If you are between the minimum age and 18 years of age (or the age of legal majority where you reside), you may only access or use the Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
4.1. The service refers to the cross-platform social software services provided by Nome Tech to users, enabling single or multiple users to communicate instantly through their accounts, adding friends, joining groups, paying attention to others, posting text, pictures, videos, carry out reviews, forwarding, sharing, and other relationships to expand the chain, social function services and content. Nome Tech may change the services it provides, and the service content provided by Nome Tech may change at any time; the user will receive notice of changes in service from Nome Tech.
4.2. The Services change frequently, and their form and functionality may change without prior notice to you. Nome Tech retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Nome Tech may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Nome Tech may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, blockchain or Content (as defined below). Nome Tech may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
4.3. We do not receive or store your Account password or Private Keys. Your Private Key is your own and you are solely responsible for their safekeeping. We cannot assist you with Account password retrieval, reset, or recovery. You are solely responsible for remembering your Account password. If you have not safely stored a backup of any Account and password pairs maintained in your Account, you accept and acknowledge that any ONOT, ONO Power you have associated with such Account will become permanently inaccessible if you do not have your Account password.
4.4. All proposed ONO blockchain transactions must be confirmed and recorded in the blockchain via the ONO Value Network, which is not owned, controlled, or operated by us. The ONO blockchain is operated by a decentralized network of independent third parties. We have no control over the blockchain and therefore cannot and will not ensure that any transaction details you submit via the Services will be confirmed on the blockchain. You acknowledge and agree that the transaction details you submit via the Services may not be completed, or may be substantially delayed, by theblockchain. You may use the Services to submit these details to the blockchain.
4.5. No Storage or Transmission of ONOT or ONO Power. ONOT, in any of its forms (ONOT and ONO Power) is an intangible, digital asset controlled by you. These assets exist only by virtue of the ownership record maintained on the blockchain. The Service does not store, send, or receive ONOT, or ONO Power. Any transfer of title that might occur in any ONOT, or ONO Power occurs on the blockchain and not within the Services. We do not guarantee that the Service can affect the transfer of title or right in any ONOT, or ONO Power.
4.6. If you use a Service to which ONOT, or ONO Power is transacted, you will not be able to change your mind once you have confirmed that you wish to proceed with the Service or transaction.
5.1. You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Nome Tech and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Nome Tech (and only pursuant to those terms and conditions) or unless permitted by Nome Tech's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
6.1. As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an "Account"), provide your age, an email address or a mobile phone number and select a password and ONO username. You agree to provide us with accurate, complete, and updated registration information, particularly your email address or mobile phone number.
6.2. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Nome Tech immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
6.3. Once transaction details have been submitted to the blockchain via the Services, The Services cannot assist you to cancel or otherwise modify your transaction details. We have no control over the blockchain and do not have the ability to facilitate any cancellation or modification requests.
6.4. The ownership of the ONO account is owned by Nome Tech. After completing the registration procedure, the user obtains the right to use the ONO account. This right belongs only to the initial registrant and is prohibited from giving, borrowing, renting, transferring or selling.
6.5. You may change or delete personal information, registration information, etc. on the ONO account, but it should be noted that deleting the relevant information will not delete the text and pictures stored by the user in the blockchain. The user agrees and undertakes to bear the risk of losing the account information at his or her own risk, as well as all the consequences resulting from the deletion of other information and property.
7.1. When you register and use the services, Nome Tech needs to collect personal information that can identify your identity so that Nome Technology can contact you when necessary, or provide a better user experience. The information collected by Nome Technology includes, but is not limited to: the user's name, gender, age, date of birth, ID number, address, school situation, education background, company situation, industry, interests, frequent places, personal explanations, etc. Nome Tech agrees that the use of this information will be subject to your personal privacy protection and local regulations.
8.1. For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
8.2. Content is protected by intellectual property laws, including copyright and other proprietary rights of the United States and foreign countries. Except as explicitly stated in this Agreement, we do not grant any express or implied rights to use ONO Content. We may retain data, text, photographs, images, video, audio, graphics, articles, comments, software, code, scripts, and other content supplied by us. You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service and Content for your personal use.
8.3. Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Nome Tech and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
8.4. When you provide Subscriber Content through the Services, you grant Nome Tech a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing us to operate the Services in accordance with their functionality, improve and promote the Services, and develop new Services. The reference in this license to create derivative works is not intended to give us a right to make substantive editorial changes or derivations, but does, for example, enable reblogging, which allows ONO Subscribers to redistribute Subscriber Content from one ONO blog to another in a manner that allows them to add their own text or other Content before or after your Subscriber Content.
8.5. 8.5.You also agree that this license includes the right for us to make all publicly-posted Content available to third parties selected by Nome Tech, so that those third parties can syndicate and/or analyze such Content on other media and services.
9.2. We encourage third-party dapp developers building on top of the ONO blockchain to reach out to email@example.com for all branding and licensing questions.All other trademarks, registered trademarks, product names and company names or logos mentioned or used on our Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
10.1. You agree that you won't violate ONO Common Programme, Terms and Conditions of Token Sale and Usage, and Community Guidelines. You agree that any subscriber content violate ONO Common Programme shall be taken down from the Services. You also agree that the Super Partners are solely responsible for taking such Subscriber Content Down from the Services.
11.1. We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing, outside of the Services, a backup of any Account and Private Key that you maintain in your Account.
11.2. If you do not maintain a backup of your Account data outside of the Services, you will be may not be able to access ONOT and ONO Power associated with any Account maintained in your Account if we discontinue or deprecate the Services.
12.1. Some features of the Services may allow you to promote yourself to other Subscribers, and some of these features may be Paid Services.
12.2. Things that you promote will comply with this Agreement; if they don't, Nome Tech reserves the right, in its sole discretion, to cancel a Promotion without refund or recourse to you.
12.3. Nome Tech may remove or disable any Promotion for any reason in its sole discretion.
12.4. Unless otherwise specified, Nome Tech does not guarantee any activity that Promotions may receive, including but not limited to clicks, Likes, and Reblogs. Nome Tech cannot control how Subscribers interact with Promotions and is not responsible for "click Dislike" or other fraudulent actions by third parties, including, without limitation, Subscribers. Nome Tech doesn't guarantee that its reporting related to Promotions will be accurate or complete, nor does it guarantee that Promotions will behave in a particular manner, and Nome Tech shall not be liable to you or responsible for any erroneous reporting about or errant behavior of or related to Promotions (e.g., any errors in how Likes or Reblogs are counted).
12.5. Promotions may allow targeting to some Subscriber characteristics. Nome Tech does not guarantee that any particular Promotion will reach a particular sort of individual in all cases.
12.6. You can cancel certain Promotions at any time depending on their functionality, but you are responsible for paying for Promotions at least to the extent they have already been used or distributed through the Services.
12.7. By submitting a Promotion, you license Nome Tech to run that Promotion for as long as you have specified, which, depending on the Promotion, may be perpetually. This license ends when the Promotion has been completed or canceled, but it may take up to forty eight (48) hours for a Promotion to stop being reflected on the Services.
13.1. You accept and acknowledge that there are risks associated with utilizing an Internet-based ONO blockchain account service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within or associated with your Account, including, but not limited to your private key(s) (“Private Key”). You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services, however caused.
13.2. We make no representation or warranty of any kind, express or implied, statutory, or otherwise, regarding the contents of the Service, information and functions made accessible through the Service, any hyperlinks to third-party websites, nor for any breach of security associated with the transmission of information through the Service or any website linked to by the Service.
13.3. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from: (a) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped ONO blockchain addresses; (b) Server failure or data loss; (c) Corrupted Account files; (d) Unauthorized access to applications; (e) Any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Service or Services. We make no warranty that the Service or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Service. Subject to 14.1 below, any and all indemnities, warranties, terms, and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under local regulations.
13.4. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.
13.5. Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under United States law.
14.1. You agree to hold ONO Value Network harmless (and each of our officers, directors, members, employees, agents, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable legal fees, arising out, or relating to:
14.2. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we will pursue a settlement of any action or proceeding.
15.1. Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Nome Tech DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nome Tech makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components; or (e) be entirely secure or that the information you share with us will be secure. Nome Tech also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein.
16.1. You agree that any claim you may have arising out of or related to this Agreement or your relationship with Nome Tech must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
16.2. You further release, to the fullest extent permitted by law, Nome Tech and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Nome Tech or its affiliates from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
16.3. Disputes between Subscribers, including those between you and other Subscribers.
16.4. The acts of third parties generally (i.e., individuals or entities who are not Nome Tech or a Nome Tech Affiliate), including third party sites and services.
16.5. Disputes concerning any use of or action taken using your Account by you or a third party.
16.6. Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
16.7. Claims relating to any face-to-face meetings in any way related to Nome Tech at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups. Unless otherwise expressly disclosed in writing, Nome Tech does not sponsor, oversee, or in any manner control Meetups.
16.8. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
17.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOME TECH AND ITS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NOME TECH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
17.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF NOME TECH AND ITS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
17.3. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in this Section, so the limitations above may not apply to you.
18.1. Either party may terminate this Agreement at any time by notifying the other party. Nome Tech may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Nome Tech may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
18.2. Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Nome Tech or any third party and shall not relieve you of your rights if you are a user in the European Economic Area.
19.1. You agree that you will notify us in writing of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the us shall be provided by sending an email to firstname.lastname@example.org. Your notice must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. If we cannot agree how to resolve the Dispute within thirty (30) days of the us receiving the notice, either you or Nome Tech may, as appropriate pursuant to this Section, file a claim in court. You agree that any claim against us must be commenced or filed within one (1) year after the Dispute arose; otherwise, you agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).
19.2. This Agreement shall be governed in all respects by the laws of Australia as they apply to agreements entered into and to be performed entirely within Australia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nome Tech must be resolved exclusively by a court located in Australia, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Australia, Australia for the purpose of litigating all such claims or disputes.
19.3. If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York, excluding choice of law.
20.1. It is your responsibility to determine what, if any, taxes apply to the transactions you for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the we are not responsible for determining whether taxes apply to your blockchain transactions or for collecting, reporting, withholding, or remitting any taxes arising from any blockchain transactions.
21.1. Nome Tech has adopted the following policy toward copyright infringement on the Services in accordance with the local regulations. The address of Nome Tech's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under local regulations using standardized notice form.
21.2. Reporting Instances of Copyright Infringement:
21.3. Submitting a Counter-Notification:
22.1. If any term, clause, or provision of this Agreement is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
23.1. This Agreement is the entire agreement between you and us concerning the Services. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide notice and keep this edition available as an archive on ono.chat. By continuing to use the Services after a change to this agreement, you agree to those changes.