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TERMS AND DEFINITIONS USED IN THE AGREEMENT
User Agreement – a contract concluded between the Parties by the User Accepting the Offer proposed by Metoshi, and regulating the relations of the Parties arising from the use of the Website and/or its Services by the User.
Offer – Metoshi offer addressed to a potential User to conclude an User Agreement with them (the User is considered to have entered into such an User Agreement upon Accepting the Offer) that defines all the rights, obligations, responsibilities of the Parties, and also contains all the essential terms of the User Agreement that determine the relations between the Parties, including the procedure for concluding and terminating this agreement between the Parties.
Acceptance – the User fully and unconditionally accepts the Offer and, accordingly, the terms of the User Agreement as amended at the time of the actual use of the Services, as well as concludes the User Agreement by joining it, by performing actions aimed at using the Services, including: visiting and using the Website, following the links from the Website to other web resources, sending messages via the contact form and other actions aimed at using the functionality of the Services.The use of the Services after a new version of the User Agreement comes into force shall imply that the User agrees with it, and that the provisions of this new version shall apply to the User in full.
Parties – Metoshi and the User.
Metoshi – which has all the necessary rights to the Website to conclude with the User an User Agreement and/or a license agreement and/or other agreement/contract made in the form of an offer or in another legal way.
User – an individual who: acts as a private person on their own behalf, or with the consent and upon notification of a legal representative, or on behalf of another person as a legal representative, or as a business owner, or as a representative of a legal entity; has reached the appropriate age according to the laws of the country of citizenship/affiliation/residence; has the appropriate right to enter into this User Agreement; uses the Services of the website; is exempt from legal restrictions on the use of the Website and/or Website Services in any way for the purposes intended by such a service.
Affiliates – official representative offices, parent companies, subsidiaries, branch offices, divisions or other legal entities that are part of a group of companies and associated with Metoshi on the basis of mutual participation and/or contract.
Copyright Holders – individuals/legal entities that have Exclusive Rights in relation to the Website and Content, including the right of use/disposal.
Administration – a person or a group of persons who control the operation of the Service and the Users' compliance with the terms of the User Agreement.
Metoshi Website (hereinafter referred to as the Website) – a system of programs and a set of logically interconnected web pages located at https://metoshi.com/ , serving as an interface designed to provide Users with access to the Services.
Services – functionality available to Users when using the Website or a part of it, provided for a fee or free of charge on the basis of the User Agreement and/or license agreement and/or other agreement/contract concluded between Metoshi and Users in the form of an offer or in another legal way. This functionality includes, but is not limited to:
- Information resources of the service – informational and technical capabilities of the Website that allow Users to receive Content by visualizing it.
- Crypto Service – the opportunities provided by blockchain technologies.
- Support Services – features of the Website that enable Users to receive informational assistance or contact the support team.
Payment Service – a service provided by a bank (a loan institution or an organization that has entered into an appropriate agreement with a loan institution) and/or another organization (agent) in possession of the necessary licenses/rights to carry out transactions using an online service and the Internet, including: receipt/processing and/or non-cash transfer of the User’s funds as payment for providing access to paid or restricted resources of the Service.
Content – informational content of the Website as a whole (photos, videos, audio, texts, 3D models, articles and images, as well as any other informational materials) owned by the respective Copyright Holders and used by Metoshi in order to post it on the Website and organize the functioning of the Services.
Exclusive Rights – intellectual rights are recognized to the results of intellectual activity and means of individualization equated to them in relation to the Website, Content, logo and/or trademark (trade name), which are a property right subject to protection in accordance with international law (International Convention of July 24 1971 "Berne Convention for the Protection of Literary and Artistic Works").
Simple (non-exclusive) License – the right of the User, granted by Metoshi for a fee or free of charge, to use the Website and, accordingly, its Services within the limits provided for by the terms of the User Agreement and/or license agreement and/or other agreement/contract concluded in the form of an offer or in another legal way between the Parties, with Metoshi retaining the right to issue a license to others.
Registration – a set of actions performed by the User in accordance with the instructions specified on the Product Service, including the provision of Personal Details and other information, by using a special form of the user interface of the Website in order to create a Personal Profile and/or gain access to the functionality of the Website.
Authorization – a set of actions preformed by the User required in order to gain access to the functionality of the Website and/or its Services, including the Personal Profile, as soon as the Registration procedure is complete.
Personal Details – information such as: username, User’s personal e-mail address, password, phone number, blockchain data, etc., created/provided independently by the User during the process of Registration on the Service, or altered later by the User by means of Service Tools, or in a manner otherwise provided for by the Service, in order to access the Services after the Registration.
Personal Account – a set of User’s Credentials required for their identification (authentication) and providing them with access to the Services.
Personal Profile – the User’s personal section of the Service, which is associated with the Account and used by the User to gain access to their Data, settings and control over certain functions provided by the Service of the Product.
Password – a unique sequence of characters required for the User to carry out Registration, Authorization and access to their Personal Profile and/or Services and/or services provided by third-party resources, if such services are used for Registration and/or Authorization purposes, provided by the User independently and/or generated by the Services in case it is lost and subsequently restored/changed by the User.
Personal Data Subject – the Person, namely the User, in respect of whom the processing of Personal data is carried out (hereinafter referred to as the User).