ITHEUM Platform - Terms and Conditions of Use
The "ITHEUM", "ITHEUM VIEW", "ITHEUM CONTROL", "DATA DEX", "DATA CAT", "NIGEL" (Data CAT ChatBot) product range & the "Data Collection Programs" (Gamer Passport, Red Heart Challenge) that run under the "ITHEUM platform/brand" are operated by the company Itheum Limited (IL) on behalf of the "Itheum Protocol Network Service". and all references in this document to IL directly refer to "ITHEUM", "ITHEUM VIEW", "ITHEUM CONTROL", "DATA DEX", "NIGEL" (Data CAT ChatBot) & "Data Collection Programs" (Gamer Passport, Red Heart Challenge). All references to the term "web site" directly collectively refer to all software, web sites and web apps that operate with the above mentioned "ITHEUM", "ITHEUM VIEW", "ITHEUM CONTROL", "DATA CAT", "DATA DEX", "NIGEL" (Data CAT ChatBot) & "Data Collection Programs" (Gamer Passport, Red Heart Challenge) branding. The above mentioned product range is currently in a highly early stage, experimental state and all software have been tagged as ALPHA / BETA / Private BETA to express this.
1. ALPHA / BETA / PRIVATE BETA SOFTWARE DISCLAIMER
THE ALPHA / BETA / PRIVATE BETA SOFTWARE LICENSED HEREUNDER IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS ALPHA / BETA / PRIVATE BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE ALPHA / BETA / PRIVATE BETA LICENSED SOFTWARE AND/OR ACCOMPANYING MATERIALS.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
3. USER LICENSE
- You are agreeing that this is purely a Remote Data Collection and Engagement tool that is in very early stage experimental development and most likely contains defects and bugs that may prevent it from functioning as described or advertised. If you join any "Data Collection Programs" that offer Health & Wellness initiatives (e.g. Red Heart Challenge), you accept that it is in NO WAY, FORM OR SHAPE a Medical platform and it does NOT provide a Medical service. It should never be used as a Medical Platform or a replacement or substitute to a Doctor’s visit.
- Permission is granted to temporarily download one copy of the materials (information or software) on ZH Pty Ltd's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on IL's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by IL at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on ZH Pty Ltd's web site are provided "as is". IL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, IL does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall IL or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ZH Pty Ltd's Internet site, even if IL or a IL authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. REVISIONS AND ERRATA
The materials appearing on ZH Pty Ltd's web site could include technical, typographical, or photographic errors. IL does not warrant that any of the materials on its web site are accurate, complete, or current. IL may make changes to the materials contained on its web site at any time without notice. IL does not, however, make any commitment to update the materials.
IL has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by IL of the site. Use of any such linked web site is at the user's own risk.
9. GOVERNING LAW
Any claim relating to ZH Pty Ltd's web site shall be governed by the laws of the British Virgin Islands law without regard to its conflict of law provisions.
10. SUPPORTED COUNTRIES
ONLY users who are NOT from the following list of countries (i.e. EU countries where GDPR applies to & CCPA applicable countries) are allowed to create an account on this "web site" and participate in the software features and offerings.
- Czech Republic
- United States of America
Note that this restriction is not applicable for usage of the Itheum Data NFT Marketplace (DATA DEX) platform. Please refer to https://itheum.com/legal/datadex/termsofuse
11. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
11.1) User contentThe content you post on the service
Itheum users may post, upload, or otherwise contribute content to the DATA DEX that is part of the Itheum Protocol Network Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Itheum Protocol Network Service (including to the Itheum Support Community) by users.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on the Itheum, (1) you own or have the right to post such User Content; (2) such User Content, or its use by Itheum pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) such User Content does not imply any affiliation with or endorsement of you or your User Content by Itheum or individual or entity without the prior express written consent from Itheum or such individual or entity.
In posting or sharing User Content or other information on the Itheum Protocol Network Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Itheum Protocol Network Service and across the web, so please use caution in posting or sharing on the Itheum Protocol Network Service, and be mindful of your account settings. Itheum is not responsible for what you or others post or share on the Itheum Protocol Network Service.Monitoring user content
Itheum may, but has no obligation to, monitor or review User Content. Itheum reserves the right to remove or disable access to any User Content for any or no reason. Itheum may take these actions without prior notification to you.
11.2) Licenses that you grant usUser Content
You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Itheum Protocol Network Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Itheum a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Itheum Protocol Network Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
11.3) Terms of interaction with Itheum's software and community via your User Content:Your "User Content" contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Rules
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Effective Date: June 1, 2018
Last Updated Date: July 1, 2022