TERMS AND CONDITIONS

I hereby confirm that I have carefully read, understood and agreed, without any objections, to the following Terms and Conditions for OneCoinCloud. These Terms and Conditions ("Terms and Conditions ") govern your use of the OneCoinCloud’s website located at www.onecoincloud.eu (the "Website") and the OneCoinCloud services, including the API (Application Program Interface) (collectively the "Services"). These Terms apply to all users of the Site and Services. By using the Site or Services, you agree to these Terms.

Information About us

The Site is operated by Prosperia FZE (hereinafter referred to as " Prosperia", the “Company”, "we", "us" and "our").

From time to time, we may change these Terms and Conditions (“The Terms”). If we change these Terms, we will inform you by posting the revised Terms on the Site. When visiting the Site, we encourage you to make sure you have read the most recent version of these Terms. Those changes will take effect on the Revision Date shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms. By accepting these Terms and Conditions you herby confirm that you will have the possibility and right to review them each time you access this site, and thereby you will also be bound by them.

The Company recognizes and supports the importance of protecting the privacy of information we may collect from you. To this end, we are committed to using our best efforts to respect your privacy. Below you will find our policies for how the Company handles information we collect from you from your visits to the www.onecoincloud.eu website. The Company follows strictly all relevant Laws and Regulations.

Eligibility

You must be at least 18 years old and member of OneCoin to use the Site or the Services.

Access to the Site

In order to use the Site or Services, you must first register to set up an account with us by completing the account registration form available on the Site. You only need to register once. There will be no additional approval by us for the registration. The registration will occur through password/email/activation code specification. Activation code will be provided by us to you in advance.

You must ensure that any registration details you provide are accurate. Please check carefully the details you have provided in the online form before finalizing your application to register. You can check for errors on the screen before submitting the online form. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update the information you have provided us with, including your account settings, in the relevant area of the Site.

When you register to use the Site and Services, you will have to choose your username (email) and password (together referred to as your "Credentials"). In case you forgot or lose your password there is no restore option. The password is used as a cryptographic key to encrypt your data. That means that we couldn't recover your password or data even if we wanted or were coerced to do it. You must keep your Credentials confidential and must not reveal them to anyone.

You are responsible for all activities performed under your Credentials. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your Credentials, or if you otherwise become aware of any unauthorized use of your Credentials or other security breach.

Unless we have previously been notified by you that the confidentiality of your Credentials has been compromised, we are entitled to treat any use of the Site under your Credentials as being by you.

We may disable access via your Credentials at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Site or Services, if you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering prove to be false.

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and Services and is compatible with the Site. It is also your responsibility to ensure that anyone who accesses the Site or Services using your Credentials or via your Internet connection is aware of these Terms, and that they comply with them.

Access to the Site and Services is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the Site or Services without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Site or Services, or any features, parts or content of the Site or Services at any time for any period.

User Responsibilities

Content stored or posted on the Site or the Services may be protected by the intellectual property rights of others. Please do not copy, upload, download or share files unless you have the right to do so. You will be fully responsible and liable for what you or anyone using your account copies, shares, uploads, downloads or otherwise uses while using the Site or Services.

Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive and safe experience for all of our users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not and agree that you will not:

1. violate any law or regulation;
2. violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
3. use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others without their permission;
4. transmit anything that is illegal, abusive, defamatory, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
5. send unsolicited or unauthorized advertising or commercial communications, such as spam;
6. stalk, harass, or harm another individual;
7. impersonate or misrepresent your affiliation with someone else;
8. use any means to "scrape," "crawl," or "spider" any web pages contained in the Site (although we may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indexes of the materials, but not caches or archives of such materials, and we reserve the right to revoke these capabilities either generally or in specific cases);
9. use automated methods to use the Site or Services in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; 10. interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
11. recruit or otherwise solicit any user to join third party services or websites that are competitive to us, without our prior written approval;
12. use, display, mirror or frame the Site or any individual element within the Site or Services, our name, any our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OneCoinCloud’s express written consent.
13. access, tamper with, or use non-public areas of the Site or Services, our computer systems, or the technical delivery systems of our providers;
14. attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;
15. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
16. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, except to the limited extent as may be allowed by the applicable law; or advocate, encourage, or assist any third party in doing any of the foregoing;
17. advocate, encourage, or assist any third party in doing any of the foregoing.

We will have the right to investigate and prosecute breaches of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who breach these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

User Content

In these Terms, "User Content" shall be used to refer to all content and information that you store, upload, post or share using the Site or Services. All User Content shall be owned by you or the person who made it available to you to store or upload via the Site or Services. Where your User Content includes reviews, comments or feedback about the Site or Services, we may use those reviews, comments or feedback, to advertise and promote OneCoinCloud, the Site or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to use your User Content as set out above is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You hereby undertake that:

1. you own all rights to your User Content,
2. you have paid and will pay in full any fees or other payments that may be related to the use of your User Content (if applicable); and
3. your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.


Ownership

Other than User Content, we own or license the content on the Site and Services, including software, text, visual and audio content (jointly referred to as "Content") and our name, trademarks, logos, and brand elements (referred to as "Marks"). The Content and Marks are protected under the applicable U.S., EU, and international laws.

Copyright and Intellectual Property Policy

Notice of Copyright or Intellectual Property Infringement

We respect the intellectual property rights of others. Please notify us in writing, by e-mail: support@onecoincloud.eu to our designated agent listed below if you believe that a user of the Site or Services has infringed your intellectual property rights. Please be advised that for the territory of the United States, this policy is provided pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").

To be effective, your notification should include:

1. identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple copyrighted or other intellectual property works are covered by a single notification, a representative list of such works;
2. identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site or Services;
3. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (not required for European Union users);
5. a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf (not required for European Union users); and
6. your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may promptly remove the identified materials from the Site and Services without liability.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright or other intellectual property infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent listed below. Your written communication should include the following:

1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (not required for European Union users); and
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal District Court for the judicial district in which such an address is located, or, if your address is outside of the United States, the United States District Court for the Northern District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person (not required for European Union users).

Please send all notices under the above infringement policies by e-mail support@onecoincloud.eu or mail to the following individual, designated as OneCoinCloud’s agent for receipt of notifications of claimed infringement:

Repeat Infringers

We can undertake measures, in our discretion, if you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted. Those measures on our part may include limiting part of the functionalities of the OneCoinCloud service you are using.

Privacy

We respect your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you. By using the Site or the Services, you also agree to our Privacy Policy.

Users can change their Profile information at any time and can control how other Users and the Company communicates with them.

If you have any questions concerning this Privacy Policy, please email us at www.onecoincloud.eu.

We receive and store information you enter on the http://www.onecoincloud.eu/ website or give us in any other way. We use such information, including your name and e-mail address, for several purposes such as:

To process, fulfill and notify you of your product order status; and
To inform you about the latest information about our Company, updates in policies and procedures, promotions, changes in strategy, changes in compensation plan, events and product specials etc.

Additionally, User preferences and settings (time zone, language, privacy preferences, product preferences, etc.) may be collected to enhance the Service.

As is standard practice on many websites, the Company also logs non-personally-identifiable information including IP address, profile information, aggregate User data, and browser type, from Users and other visitors to the site or application. This data is used to improve the Services, to analyze trends, to administer the Services, to track Users’ movements around the Service and to gather demographic information about our User base as a whole. The Company will not use the information collected to market directly to that person. This non-personally-identifiable information may be shared with third parties to provide more relevant services and special offers to Users. User IP addresses are recorded for security and monitoring purposes.

We have implemented the necessary security measures in place to protect against the loss, misuse and alteration of the information you provide. When you place an order or give us personal information, such as name, address, or social security number, you are automatically on our secure server. Our secure server software encrypts the information you input before it is sent to us to protect your data against unauthorized access.

Please note that we cannot guarantee the security of User account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Users are urged to also take precautions to protect their personal data by changing passwords often using a combination of letters and numbers, and using a secure web browser. If you share a computer or mobile device with anyone, you should always log out of the Web site or application before leaving it to prevent access to your information from subsequent Users of that computer or device. For any additional information about the security measures OneCoinCloud uses on our website, please contact us at support@onecoincloud.eu

Sharing and Disclosure of Collected Information

Except as otherwise described in this Privacy Policy, we will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law or (2) to protect the safety of members of the public and Users of the service. We reserve the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of the Company or substantially all of its assets to that successor in interest. We take your privacy very seriously. We do not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared with the Company Entities who will safeguard it in accordance with our Privacy Policy. There are also times when it may be advantageous for us to make certain personal information about you available to companies that the Company has a strategic relationship with or that performs work for the Company to provide products and services to you on our behalf. These companies may help us process information, deliver products to you, manage and enhance User data, provide User service, assess your interest in our products and services, or conduct User research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with our policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive User service, provide us feedback to improve our products and services, or access certain services, offers, and content on o ur website or application.

This Privacy Policy and consent forms part of our website and application terms of use and as such it shall be governed by and construed under U.S., EU, and international laws. You irrevocably agree that the Dubai International Arbitration Center (DIAC) shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to this policy and consent or otherwise to the use of your personal data, and that the laws of Texas shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of those policies is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing this website.

From time to time we may make changes to our Privacy Policy. If we make changes, we will post them on our site to make Users aware of what the changes are so Users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any changes to the Privacy Policy when she or he uses the site after those changes have been posted.

When you use the OneCoinCloud website you agree that you are responsible for maintaining and protecting the confidentiality of your account and password and restricting access to your registered account. You agree to accept responsibility for all activities that occur under your account or password and not hold the Company responsible in any way what so ever.

Encryption

Among other services and applications, OneCoinCloud provides an encryption service under the trademark OneCoinCloud. This app performs client-side encryption, which means that the encryption process is performed on the user’s device and the plain text files never leave the user’s computer. This ensures zero-knowledge privacy for user’s data, which means that we, as a service provider, have absolutely no information about the content users store in their accounts, such as file names or file types. The user content is stored in their Crypto Folder, which is locked and unlocked using the so called Passphrase. OneCoinCloud has no access to user’s Passphrase, and once lost, it can never be restored. Also if the information is “wiped out” we cannot restore it.

Encrypted Content and Ownership

In these Terms, "Encrypted Content" shall be used to refer to all content and information that you store or upload using the Encryption Service. All Encrypted Content shall be owned by you or the person who made it available to you to store or upload via the Service. You retain full ownership to your files, folders, directories, including their metadata (file names, thumbnails, etc.) and any information you submit to OneCoinCloud for encryption purposes. We don’t claim any ownership to any of your content. These Terms do not grant us any rights to your content or intellectual property except for the following limited rights that are needed to run the Service: we may redundantly store or backup your respective data as set below and we might use trusted third parties, like our collocated data center, to provide the Encryption Service. You give us the permission for all and any actions that we need to undertake to provide the Service. In particular, but not limited to, you agree that OneCoinCloud may transfer your data to its servers and between its servers. We state that your encrypted content, encryption key and passphrase used by you or otherwise submitted to the Service are stored in an encrypted or non-invertible form. Your Encrypted Content cannot be decrypted or inverted by us or any third party. Your Encrypted Content can only be decrypted or inverted by you. When using our Encryption service, you undertake that:

1. you own all rights to your Encrypted Content and you have the right to give us the rights described above;
2. you have paid and will pay in full any fees or other payments that may be related to the use of your Encrypted Content and the Service /if applicable/; and
3. your Encrypted Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Global Policies on Encryption

In some countries, using encryption services may be limited, restricted or forbidden by law. Before subscribing to our Encryption Service - OneCoinCloud - make sure that using such a service is permitted and legal in your state of residence. If any case, the COMPANY cannot be held liable for any claims that may be filed against you in relation to using such a service. By agreeing with the present Terms and Conditions you confirm that you will at all times and in any instances hold the Company harmless of any claims that may arise in relation to your personal decision to use an Encryption Service, in this case, OneCoinCloud.

Third Party Content and Interactions

The Site and Services may contain features and functionalities that may link you or provide you with access to third party content or services independent of the Company, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Site and Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you have with third parties.

Disputes with Other Users

If there is a dispute between users of the Site or Services, you understand and agree that the Company is under no obligation to investigate or become involved further than any action it may take in accordance with notification it receives pursuant to the copyright and intellectual property notice section above. Subject to this, the Company may, in its discretion, attempt to assist in the resolution of such a dispute, but in doing so it does not undertake any obligation to do so, and will not be subject to any liability arising either from the conduct giving rise to the dispute or from any efforts to resolve it.

Disclaimer and Waiver of Liability

In the event that you have a dispute with any other user of the Site or Services or with any third party whose content or services you have accessed through the Site or Services, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a resident of California, U.S.A., you waive California Civil Code Section 1542, which stipulates the following: 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.

Payment

Some of our Services are free, whereas others are subject to a fee. For a full description of the different Services that we offer, along with the different prices applicable, please see the different packages listed on the Site.

Payment methods

Our users can pay for several paid plans for extra space and sharing options. By subscribing once, you authorize us to charge your chosen payment method, providing you with the opportunity to change the payment method in case of any upgrade or further increase of the subscription.

Renewal

All paid subscriptions are renewed for the Services on the date such subscriptions expire. If you have a subscription, this will be extended automatically until you terminate it and every further payment will be due at the beginning of the new payment cycle.

Refund

After activation, no refund can be executed. If your account is still not activated, you may claim a refund, which will be executed as soon as manageable from our side.

Cancellation of Subscriptions Cancellation of Subscriptions may only be requested prior to Activation of your Account.

All users who subscribe for Services subject to a fee ("Paid Services") must enter valid payment method information. The Service is billed in advance on a yearly basis and paid on an automatic basis. You hereby authorize us to automatically charge you for charges that apply to your account. All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities, including VAT, and you shall be responsible for payment of all such taxes, levies, duties or VAT, excluding only United States (federal or state) taxes.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Links

Our Site and Services may contain links to other websites, or allow other users to send you such links. A link to a third party website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Changes to the Site or Services

We enhance and update our Site and Services often. We may change or discontinue the Site or any Services although we will, in such circumstances, use reasonable efforts to provide you with prior notice so that you can make alternative arrangements for the storage of any User Content and we will not terminate a Service under this section during a subscription period for which you have already paid without refunding you a fair portion of your payment based on how long is left until the end of the subscription.

Change of Ownership The Company may at any time, without explicit notice, change the company ownership, be subject to merger or sale, partnership or else. In case of such change of ownership, merger, sale or other, the Company only has the obligation to notify you through updating the present Terms and Conditions. Such an action will in no way affect your use of the Service or the Site, or your subscriptions and accounts.

Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user's right to access the Site or Services at any time, in our discretion. If you breach any of these Terms, your permission to use the Site and Services automatically terminates.

Disclaimer and Limitations on Our Liability (For European Union Users) We try to keep the Site and the Services up, error-free, and safe, but we do not guarantee that the Site and/or the Services will be safe or secure or that access to or use of the Site and/or the Services will be uninterrupted or free of errors or omissions or that defect will be corrected. We do not warrant that the Site and/or the Services will operate error-free or that the Site and its servers are free of computer viruses or other harmful components. We use reasonable care and skill in providing the Site and the Services, but beyond that the Site and the Services are provided without any warranties of any kind. We disclaim all other warranties, whether express or implied, including any warranty, condition or other terms of satisfactory quality, merchantability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of the Site or the Services.

Subject to the above, in no event will The Company, or any of its respective directors, officers, employees, and agents, be liable to you in connection with the Site or the Services (whether for breach of contract, negligence or any other reason) for: (i) any consequential, incidental or indirect damages; or (ii) loss of business profits, business interruption or loss of business information. Any liability we do have for losses you suffer is strictly limited to losses that were a direct and reasonably foreseeable result of our default.

Where you use the Site or Services in the course of a business, The Company's aggregate liability (and whether such liability arises as a result of any breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) will be limited to the higher of: (a) total fees paid by you to the Company for use of the Site or Services;

Disclaimer and Limitations on Our Liability (For Users Outside of the European Union)

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE OR SERVICES. THE COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES OR THE UNAVAILABILITY OF THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES. YOU, AND NOT THE COMPANY , ARE RESPONSIBLE FOR MAINTAINING, PROTECTING, AND BACKING UP ALL OF YOUR USER CONTENT AND DATA. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR USER CONTENT OR DATA OR FOR ANY COSTS OR EXPENSES ASSOCIATED WITH BACKING UP OR RESTORING ANY OF IT.

THE COMPANY AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE ONECOINCLOUD SITE OR SERVICES OR ANY LINKED WEB SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.

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 and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification You agree to indemnify and defend the Company and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account or your Credentials store, upload, submit, post or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account or your Credentials; (c) breach of these Terms by you or anyone using your account or your Credentials; or (d) breach of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or your Credentials. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the Company in such defense.

Other Provisions

Under no circumstances will the Company be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms, and any claim or action, of whatever nature, against us arising from or relating to these Terms, the Privacy Policy, the Site, or any Services, will be governed by and construed under U.S., EU, and international laws.

Subject to the final sentence of this paragraph, you agree that any claim or action, of whatever nature, against us arising from or relating to these Terms, the Privacy Policy, the Site, or any Services will be filed only in the the Dubai International Arbitration Center (DIAC) located in Dubai. You consent and submit to the personal jurisdiction of such courts for the purposes of any such claim or action.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of enforcement any right or provision of these Terms will not prevent the Company from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

These Terms, together with the Privacy Policy, as they may be revised from time to time, constitute our complete agreement with you, and supersede any other written materials, communications, discussions, representations, or understandings relating to the Site or the Services or your use of them.