1. DEFINITION AND INTERPRETATION
The following words have the meaning against every and each one of them wherever they were mentioned in this agreement unless the text clearly indicates otherwise:
a) Agreement: means this agreement and as may amended from time to times.
b) Tykn B.V Tykn
c) User: Any visitor and / or a member of the Website of “tykn.tech” and not “Company” worker, employee, manager and or director.
d) Site: “tykn.tech”.
e) Documents: Shall include without any limitation all the documents, information, material of any kind “audio or video”, white papers, researches, and any other that may go alongside with the aforementioned and belong to whole or part of any material published on the site or obtained through it even using a link published on the site.
1.2 The following phrases and / or words must be explained and interpreted as the follows:
- References to a person include an individual, form or a body, whether incorporated or unincorporated.
- References to material shall include also all what is described in the meaning of documents.
- References to singular shall include plural as well, also any reference to masculine gender shall also include the female and non-gender.
- Reference to “computer” shall means and include laptops, tablets, smartphones and / or any devices that make it available to access the internet.
2. ACCEPTANCE OF TERMS
1.1 This Agreement, which incorporates by reference other provisions applicable to use of “Site”, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in “Site”, sets forth the terms and conditions that apply to use of “Site” by User. User agrees to comply with all of the terms and conditions hereof. The right to use “Site” is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
1.2 “Tykn” shall have the right at any time to change or discontinue any aspect or feature of “Site” including, but not limited to, content, hours of availability, and equipment needed for access or use.
1.3 Tykn reserve its rights to amend and alter this according to the sole consent of Tykn.
3. CHANGED TERMS
“Tykn” shall have the right at any time to change or modify the terms and conditions applicable to User’s use of “Site” or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on “Tykn” or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the “Site” by User(s) after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4. DESCRIPTION OF SERVICES
Through its Web property, “Tykn” provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new “Site” properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the “Site” and all charges related thereto.
6. USER CONDUCT
6.1 User shall use “Site” for lawful purposes only. User shall not post or transmit through “Site” any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the “Tykn’s” express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in the “Tykn ‘s” discretion restricts or inhibits any other User from using or enjoying [WEBSITE] will not be permitted. User shall not use the “Site” to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with “Tykn”
6.2 The “Site” contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the “Site” are copyrighted as a collective work under The European Union (EU) intellectual property laws. “Tykn” owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of “Tykn” and the Intellectual property owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
6.2.1 User shall not upload, post or otherwise make available on the “Site” any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the “Site”, User automatically grants, or warrants that the owner of such material has expressly granted the Company” the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants “Tykn” the right to edit, copy, publish and distribute any material made available on the “Site” by User.
6.3 The foregoing provisions of Section 5 are for the benefit of the “Company”, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, Intellectual and copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- The User must always check for https:// green status to ensure he is on the correct platform. And the comments and notes on the Site are considered an investment advice, and for avoidance of any doubt the Tykn and or any of it affiliate, and partner are not are not liable for losses resulted from trading cryptos and / or from implementing the advices set thereto, whereas the user will use such advices upon its/ his/ her/ sole consent without any effect from Tykn.
“Tykn” has no obligation to monitor the Communication Services. However, “Tykn” reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. “Tykn” reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. “Tykn” reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the “Tykn’s” sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. “Tykn” does not control or endorse the content, messages or information found in any Communication Services and, therefore, “Tykn” specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing “Tykn” with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify “Tykn” immediately of any unauthorized use of User’s account or any other breach of security. “Tykn” will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by “Tykn” or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
8.1 USING THE SOFTWARE
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Tykn and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the Forgoing, Intellectual and copyright or production of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement, except as warranted in the license agreement. Tykn” hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of commerciality, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For the convenience of the User, Tykn may make available as part of the services or in its software products, tools and utilities for se and / or download. Tykn does not make any assurance with regard to the accuracy of the result and/ or output that derives from such use of any such tools and / or utilities, and the User(s) at all times they are and will be under restrict obligation to apply, comply and respect the Intellectual property rights of Tykn and for all others when using the tools and / or the utilities made available on the services.
8.2 LIABILITY FOR VIRUS
Hence “Virus” and / or Malware and what goes along in the following definitions is a computer program or a code or portion of a computer program, which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up, or otherwise create negative effects on the user’s computer system. As you know, viruses do occur and are somewhat prevalent. As such, you, the user must take affirmative steps to assure that you and your computer system are appropriately protected against viruses.
This website serves as a conduit for information that may contain certain documents and programs and can and / or may be downloaded through this site. “Tykn” and the operators of “Site” are not responsible for any computer “Viruses” and / or “Malwares” and/ or any of the kind which may be present in any of the documents and/ or programs that my be obtained and / or downloaded from and / or through “Site”
Users are completely responsible for programming anti-virus screening and scanning and verification in their own computers for all the material that may be obtained and downloaded from of through “Site”, “Tykn” cannot emphasis strongly enough the necessity for any user to maintain and to have an update anti-virus and anti- malware and / or any of the kind program to protect their computer.
The owners of this site will not intentionally or willfully transmit files that they know to contain viruses. However, portions of this site serve as a bulletin board repository of files that are uploaded by users. Tykn and the operator of the site will not take any step(s) to check any such files for virus and / or Malware and / or any of a kind where this is at all time with the fullest range of interpretation will be the liability and responsibility for the user(s) to do so.
As a user of this” Site”, you agree to immediately notify us of any files that you download that you believe contain viruses.
As a condition to any license contained for items obtained by or through this Site”, you will agree to perform virus screening on all such files prior to using the same.
There are and will be no warranties of any kind made with respect to files and / or Material obtained, downloaded from or through “Site”. All warranties expressed or implied, including but not limited to any warranty of merchantability or fitness for a particulare purpose and hereby disclaimed.
Furthermore, the owners and operators of this site shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Tykn and / or its respective supplier make no representation about the suitability of the information contained in the documents and related graphics published as a part of the services for any purpose. All such documents and related graphics are provided “As it is “without warranties of any kind. Tykn and / or its respective supplier hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of commerciality, whether express or implied and / or statutory, fitness for a particular purpose, title and n0n-infringment. In no event shall Tykn and / or its respective supplier be liable for any special, indirect, direct, consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether is an action of contract, negligence or any other tortious action(s), that may arise out or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typing errors. Changes, and according to Tykn sole discretion, may be added to the information herein. Tykn and / or its respective supplier may make improvements and / or changes in the product(s) and/or the program(s) described herein at anytime.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall Tykn and / or its perspective suppliers be liable for any special, indirect, direct. Consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in action or in contract, negligence or other tortious action(s) may arise out or in connection with the use or performance of Software, documents, provisions of or failure to provide services or information available from the services.
11. MATERIALS PROVIDED TO TYKN OR POSTED AT ANY OF ITS WEBSITES
Tykn does not claim ownership of the materials User provide to Tykn (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Tykn, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Tykn Services, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
12.1 User expressly agrees that use of the “site” is at the user’s sole risk. Neither Tykn, its affiliates not any of their respective employees, agents, third party content providers or licensor warrant that the “Site” will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of the “Site”. Or as to the accuracy, reliability or content of any information, services or merchandise provided throughout the “Site”.
12.2 The “Site” is provided on “As it is “basis without warranties of any kind, either express or implied, including but not limited to , warranties of title or implied warranties of commerciality or fitness for a particular purpose, other than the warranties which are implied by an incapable of exclusion, restriction or modification under the EU laws and regulations.
12.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alternation of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. User(s) specifically acknowledges that “Tykn” is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that risk of injury from the foregoing rests entirely with the user(s)
12.4 In no event will “Tykn”, or any person or entity involved in creating, producing or distributing the “Site” or “Tykn” Software, be liable for any damages including, without limitation, direct or indirect, incidental, special, consequential or punitive damages that may arise out the use of or inability to use the “Site”, User(s) hereby acknowledge that the provision of this section shall apply to all content on the “Site”.
12.5 In addition to the terms and conditions set forth in this agreement, neither “Tykn” neither its affiliate, information provider or content partners shall be liable regardless of the cause or duration, for any erroes, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the “Site”, and / or interruption in the transmission thereof to the user(s), or for any claims or losses that arising or may arise therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including but not limited to lost profits, punitive and or consequential damages.
12.6 Prior to the execution, finalizing and / or engaged in any commercial activity through and using the “Site” User(s) are strongly advised to consult with their brokers, financial advisers, accountants and legal consultants to avoid any mistake that may occur, whereas “Tykn”, its affiliate, information providers or content partner(s) shall have NO liability in that regard. Neither “Tykn” not its affiliate, information provider(s) or content partner(s) warrant or guarantee the timeliness, sequence, accuracy, or completeness of the information. In addition to that, there are no warranties as to the results obtained for the use of the site and / or its information,
12.7 Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, riot, war, Embargos, acts of civil or Military authorities, fire , floods, accidents, service outages resulting from equipment , and / or software failure and/ or telecommunication failures, power failure, network failures, Failures of a third party service provider(s) , including providers of internet services and telecommunications. The party acted by any such event shall
13. LINKS TO THIRD PARTY SITES
The links in this area will let you leave the “Site”, the linked sites are not under the control of “Tykn” and “Tykn” is not and will not be responsible for the contents of any linked site or any linked contained in a linked site, or any changes or updates to such sites. “Tykn” is not and will not be responsible for webcasting or any other form of transmission received from any linked site. “Tykn” is providing these links to the user(s) only as a convenience, and the inclusion of any link does not imply endorsement b “Tykn” of the site.
“Tykn” is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, “Tykn” has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of “Site” are those of the respective author(s) or distributor(s) and not of “Tykn”. Neither “Tykn” nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the “Site” represents the opinions and judgments of the respective information provider, User, or other user not under contract with “Tykn”. “Tykn” neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the “Site” by anyone other than authorized “Tykn” employee spokespersons while acting in their official capacities. Under no circumstances will “Tykn” be liable for any loss or damage caused by a User’s reliance on information obtained through the “Site”. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through “Tykn”. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
“Tykn” or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotion, new product, technologies, processes, materials, marketing plans, financial / investment or legal advises or new products release. User(s) must not send any original material samples, artwork, samples demos or any other materials or works of any kind, either mentioned herein or not mentioned. This policy is applied to an extreme restriction to avoid and dispute or misunderstanding in the future.
“Tykn” shall have the right, but not the obligation, to monitor the content of the “Site” to determine compliance with this Agreement and any operating rules established by “Tykn” and to satisfy any law, regulation or authorized government request. “Tykn” has the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the “Site”. Without limiting the foregoing, “Site” has the right to remove any material that “Tykn”, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless “Tykn”, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of “Tykn” by User or User’s Account.
Either “Tykn”or User may terminate this Agreement at any time. Without limiting the foregoing, “Tykn” has the right to immediately terminate User’s Account in the event of any conduct by User which “Tykn”, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for the “Site” established by “Tykn” constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Netherlands, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
“Tykn” its logos are trademarks of “Tykn”B.V. All rights reserved. All other trademarks appearing on “Tykn” are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.