PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE USING THE SERVICES AND SOFTWARE DESCRIBED HEREIN. BY USING OUR SERVICES OR DOWNLOADING OR USING AFK.CAT SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS AND YOU ARE AGREEING TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES OR DOWNLOAD OR USE THE AFK.CAT SOFTWARE.
This document is about AFK.cat Software and Services, hereinafter referred to as “AFK.cat”, as well as “we” or “ us”. Funds under any form (cryptocurrencies, EUR, USD and afkpoints) that are held in either our databases or third party wallets, hereinafter referred to as “AFK.cat Wallet”
If you choose to use AFK.cat Services and AFK.cat Software, it is important that you remain aware of the risks involved, that you have adequate technical resources and knowledge to bear such risks and that you monitor your transactions carefully.
You understand that AFK.cat Services, blockchain technology Bitcoin, all other cryptocurrencies and cryptotokens, proof of work concept and other associated and related technologies are new and untested and outside of AFK.cat’s control. You acknowledge that there are major risks associated with these technologies. In addition to the risks disclosed below, there are risks that AFK.cat cannot foresee and it is unreasonable to believe that such risk could have been foreseeable. The performance of AFK.cat’s obligation under these Terms will terminate if market or technology circumstances change to such an extent that (i) these Terms clearly no longer comply with AFK.cat’s expectations, (ii) it would be unjust to enforce AFK.cat’s obligations in the general opinion or (iii) AFK.cat’s obligation becomes impossible.
AFK.CAT ACCOUNT ABUSE
You acknowledge that there is risk associated with the AFK.cat Account abuse and that you have been full informed and warned about it. The funds stored in the AFK.cat Wallet may be disposed by third party in case the third party obtains the Account holder’s login credentials. The Account holder shall protect his login credentials and his electronic devices where the login credentials are stored against unauthorized access.
You may use the AFK.cat Services only if you are 16 years of age or older and capable of forming a binding contract and are not barred from using the Services under applicable law.
You acknowledge that there is risk associated with future legislation which may restrict, limit or prohibit certain aspects of AKF.cat technology which may result also in restriction, limitation or prohibition of AFK.cat Services and that you have been fully informed and warned about it.
RISK OF HACKING
You acknowledge that there is risk associated with hacking AFK.cat Services and AFK.cat Wallet and that you have been fully informed and warned about it. Hacker or other groups or organizations may attempt to interfere with AFK.cat Services or AFK.cat Wallet in any way, including without limitation denial of services attacks, Sybil attacks, spoofing, smurfing, malware attacks, mining attacks or consensus-based attacks.
You acknowledge that there is risk associated with the cryptocurrencies which are used as payment method and that you have been fully informed and warned about it. Cryptocurrencies are prone to, but not limited to, value volatility, transaction costs and times uncertainty, lack of liquidity, availability, regulatory restrictions, policy changes and security risks.
AFK.CAT WALLET RISK
You acknowledge that there is risk associated with funds held on the AFK.cat Wallet and that you have been fully informed and warned about it. You acknowledge that AFK.cat Wallet is provided by AFK.cat Wallet provider and not AFK.cat. You acknowledge and agree that AFK.cat shall not be responsible for any AFK.cat Wallet provider’s services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. AFK.cat does not assume and shall not have any liability or responsibility to you or any other person or entity for any Hash Wallet provider’s services. Hash Wallet provider’s services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to AFK.cat Wallet provider’s terms and conditions. Since the AFK.cat Wallet is a cryptocurrency wallet all funds held on it are entirely uninsured in contrast to the funds held on the bank account or other financial institutions which are insured.
You acknowledge that there are risks associated with usage of AFK.cat Services which are provided through internet including, but not limited to, the failure of hardware, software, configuration and internet connections and that you have been fully informed and warned about it. You acknowledge that AFK.cat will not be responsible for any configuration, connection or communication failures, disruptions, errors, distortions or delays you may experience when using AFK.cat Services, howsoever caused.
HASHING POWER PROVISION RISK
You acknowledge that there are risks associated with the provisions of the hashing power which is provided by the Hashing power providers trough Hashing power marketplace and that you have been fully informed and warned about it. You acknowledge that AFK.cat does not provide the hashing power but only provides the Hashing power marketplace as a service. Hashing power providers’ Hashing power rigs are new and untested and outside of AFK.cat’s control. There is a major risk that the Hashing power rigs (i) will stop providing hashing power, (ii) will provide hashing power in an unstable way, (iii) will be wrongly configured or (iv) provide insufficient speed of the hashing power. Hashing power rigs as hardware could be subject of damage, errors, electricity outage, misconfiguration, connection or communication failures and other malfunctions. AFK.cat will not be responsible for operation of Hashing power rigs and its provision of hashing power. By submitting a Hashing power order you agree to Hashing power no-refund policy – all shares forwarded to mining pool, selected on the Hashing power order are final and non-refundable.
HASHING POWER PROFITABILITY RISK
You acknowledge that there is risk associated with the profitability of the hashing power provision and that you have been fully informed and warned about it. You acknowledge that all Hashing power rig’s earning estimates and profitability calculations on AFK.cat Website are only for informational purposes and were made based on the Hashing power rigs set up in the test environments. AFK.cat can adapt the exchange rate between used currencies (cryptocurrencies, USD, EUR, afkpoints, ..) at any time. AFK.cat does not warrant that your Hashing power rigs would achieve the same profitability or earnings as calculated on AFK.cat Website. There is risk that your Hashing power rig would not produce desired hashing power quantity and quality and that your produced hashing power would differentiate from the hashing power produced by our Hashing power rigs set up in the test environments. There is risk that your Hashing power rigs would not be as profitable as our Hashing power rigs set up in the test environments or would not be profitable at all.
Users can trade so called ‘afkpoints’ for items in the shop. AFK.cat provides these items in the form of keys or steam gifts. AFK.cat is not responsible for the correctness, usability or use of these items in any way or for any reason. AFK.cat can also change the price of items in the shop at any time. If there is no stock or an item is unavailable for any reason, AFK.cat has the right to refuse an order.
AFK.cat has the right to cancel or modify fees and funds created, given or received by or through referrals.
Subject to the Users’ compliance with the Terms and Conditions and their payment of any applicable fees, AFK.CAT grants the Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services offered by AFK.CAT. This license refers strictly to the functionalities of the Site and does not concern any licenses to digital content, especially game activation codes offered via the Site by Sellers or Selling Users – the licenses to digital content, especially game activation codes may be granted upon discretion of their owners or other authorized persons.
All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by AFK.CAT or their owners, licensors, suppliers, publishers or other authorized persons.
Any texts, graphic materials, interactive functions, logos, photographs, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users or Sellers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of AFK.CAT. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for AFK.CAT. Any trademarks, marks and trade names constitute AFK.CAT property. Without explicit consent of AFK.CAT, the User nor the Seller must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise. It is forbidden to retrieve the Site content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission of AFK.CAT. The use of any content or materials available from the Site for purposes not specified in the Terms and Conditions is forbidden, especially any use, publication, copying in any form - whether electronic, mechanic, photographic or other (All Rights Reserved). These materials constitute Works within the meaning of article 1 of the Act on copyright and is subject to protection under the Act on copyright and related rights of February 4th, 1994. Furthermore the Works are protected under international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.
AFK.cat Services are provided on “AS IS” and “AS AVAILABLE” basis and with all faults and defects. To the maximum extent permitted by applicable law, AFK.cat makes no representations and warranties and you waive all warranties of any kind. Particularly, without limiting the generality of the foregoing, the AFK.cat makes no representations and warranties, whether express, implied, statutory or otherwise regarding AFK.cat Services or other services related to AFK.cat Services and provided by third parties, including any warranty that such services will be uninterrupted, harmless, secure or not corrupt or damaged, meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, meet any performance or error free or that any errors or defects can or will be corrected. Additionally AFK.cat makes no representations and warranties, whether express, implied, statutory or otherwise of merchantability, suitability, reliability, availability, timeliness, accuracy, satisfactory quality, fitness for a particular purpose or quality, title and non-infringement with respect to any of the AFK.cat Services or other services related to AFK.cat Services and provided by third parties, or quiet enjoyment and any warranties arising out of any course of dealing, course of performance, trade practice or usage of AFK.cat Services including information, content and material contained therein.
Especially AFK.cat makes no representations and warranties, whether express, implied, statutory or otherwise regarding any payment services and systems, AFK.cat Wallet which is provided by third party or any other financial services which might be related to the AFK.cat Services.
You acknowledge that you do not rely on and have not been induced to accept the AFK.cat Services according to these Terms on the basis of any warranties, representations, covenants, undertakings or any other statement whatsoever, other than expressly set out in these Terms that neither the AFK.cat nor any of its respective agents, officers, employees or advisers have given any such warranties, representations, covenants, undertakings or other statements.
AFK.cat does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
AFK.cat and their respective officers, employees or agents will not be liable to you or anyone else, to the maximum extent permitted by applicable law, for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of AFK.cat Services or AFK.cat Wallet), even if AFK.cat has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of AFK.cat Services, AFK.cat Wallet or other related websites or services.
AFK.cat will not be responsible for any compensation, reimbursement, or damages arising in connection with: (i) your inability to use the AFK.cat Services, including without limitation as a result of any termination or suspension of the AFK.cat Website or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance, (ii) the cost of procurement of substitute goods or services, (iii) any your investments, expenditures, or commitments in connection with these Terms or your use of or access to the AFK.cat Services, (iv) your reliance on any information obtained from AFK.cat, (v) Force Majeure Event, communications failure, theft or other interruptions or (vi) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with AFK.cat Services or AFK.cat Wallet.
Our aggregate liability (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of AFK.cat Services, or inability to use AFK.cat Services under these Terms or under any other document or agreement executed and delivered in connection herewith or contemplated hereby, shall in any event not exceed 1 USD per user.
You will defend, indemnify, and hold AFK.cat harmless and all respective employees, officers, directors, and representatives from and against any claims, demand, action, damages, loss, liabilities, costs and expenses (including reasonable attorney fees) arising out of or relating to (i) any third-party claim concerning these Terms, (ii) your use of, or conduct in connection with, AFK.cat Services, (iii) any feedback you provide, (iv) your violation of these Terms, (v) or your violation of any rights of any other person or entity. 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 wish to settle it. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
AFK.cat Services and the information, products, and services included in or available through AFK.cat Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. AFK.cat may make improvements or changes on the AFK.cat Website at any time. No information provided to you by AFK.cat shall be considered or construed as advice.
The registration of the AFK.cat Account is made through the AFK.cat Website, where you are required to enter your email address and password in the registration form, after which registration is complete.
When you create AFK.cat Account, you agree to (i) create a strong password that you change frequently and do not use for any other website, (ii) implement reasonable and appropriate measures designed to secure access to any device which has access to your email address associated with your AFK.cat Account and your username and password for your AFK.cat Account, (iii) maintain the security of your AFK.cat Account by protecting your password and by restricting access to your AFK.cat Account; (iv) promptly notify us if you discover or otherwise suspect any security breaches related to your AFK.cat Account so we can take all required and possible measures to secure your AFK.cat Account and (v) take responsibility for all activities that occur under your AFK.cat Account and accept all risks of any authorized or unauthorized access to your AFK.cat Account, to the maximum extent permitted by law.
Once the AFK.cat Account is created a AFK.cat Wallet is automatically created for the AFK.cat Account. Account holder’s AFK.cat Wallet is generated by AFK.cat Wallet provider.
In order to pay for the acquired hashing power the Hashing power buyers must deposit funds to the AFK.cat Wallet, as the payments for the hashing power could be made only through AFK.cat Wallet. Hashing power providers have two options to get paid for the provided hashing power: (i) by using AFK.cat Wallet to receive the payments or (ii) by providing other Bitcoin address where the payments shall be received to AFK.cat. Hashing power providers provide their Bitcoin address to AFK.cat by providing such details via Account holder’s profile settings or in a form of a stratum username while connecting to AFK.cat stratum servers.
Account holder may load funds on his AFK.cat Wallet from his Secondary account. Account holder may be charged fees by the Secondary account provider or by the blockchain network for such transaction. AFK.cat is not responsible for any fees charged by Secondary account providers or by the blockchain network or for the management and security of the Secondary accounts. Account holder is solely responsible for his use of Secondary accounts and Account holder agrees to comply with all terms and conditions applicable to any Secondary accounts. The timing associated with a load transaction will depend in part upon the performance of Secondary accounts providers, the performance of blockchain network and performance of the AFK.cat Wallet provider. AFK.cat makes no guarantee regarding the amount of time it may take to load funds on to AFK.cat Wallet.
AFK.cat Wallet shall not be used by Account holders to keep, save and hold funds for longer period. The AFK.cat Wallet shall be used exclusively and only for current and ongoing transactions regarding the AFK.cat Services. Account holders shall promptly withdraw any funds kept on the AFK.cat Wallet that will not be used and are not intended for the AFK.cat Services. Commission fees may be charged by the AFK.cat Wallet provider, by the blockchain network or by AFK.cat for any AFK.cat Wallet transactions. Please refer to the AFK.cat Website, for more information about the commission fees for AFK.cat Wallet transactions which are applicable at the time of the transaction. AFK.cat reserves the right to change these commission fees according to the provisions to change these Terms at any time for any reason.
You have the right to use the AFK.cat Account only in compliance with these Terms and other commercial terms and principles published on the AFK.cat Website. In particular, you must observe all regulations aimed at ensuring the security of funds and financial transactions.
Withdrawals can be made under the form of exchanging points to items in our shop, provided that the balance of funds in your AFK.cat Wallet is greater than any minimum balance requirements needed. The items in the shop might not be available for limited or unlimited duration. Withdrawals are not processed instantly and may be grouped with other withdrawal requests. Some withdrawals may require additional verification information which you will have to provide in order to process the withdrawal. It may take up to 72 hours before withdrawal is fully processed and distributed to the Blockchain network. Please refer to the AFK.cat Website for more information about the withdrawal fees, duration and withdrawal processing. AFK.cat reserves the right to change these fees according to the provisions to change these Terms at any time for any reason. In no circumstances can the funds on a AFK.cat account be traded for anything else besides available items in the shop.
You have the right to close the AFK.cat Account. In case you have funds on your AFK.cat Wallet the funds will be transferred to AFK.cat. After we receive your AFK.cat Account closure request we will deactivate your AFK.cat Account as soon as technically possible but at the latest in 14 days from the day after receiving your request to close the AFK.cat Account. AFK.cat will inform you when your AFK.cat Account is closed.
AFK.cat is not responsible for the loss of the funds, stored on or transferred from the AFK.cat Wallet, as well as for the erroneous implementation of the transactions made via AFK.cat Wallet, where such loss or faulty implementation of the transaction are the result of a malfunction of the AFK.cat Wallet and the malfunction was caused by you or the AFK.cat Wallet provider. You are obliged to inform AFK.cat in case of loss or theft, as well as in the case of any possible misuse of the access data to your AFK.cat Account, without any delay, which will result in closure of your existing AFK. It is not possible to change or reset your password, change email or transfer funds between accounts.
All information pertaining to registration, including a registration form, generation of AFK.cat Wallet and detailed instructions on the use of the AFK.cat Account and AFK.cat Wallet are available at AFK.cat Website.
AFK.cat may, at any time and in our sole discretion, (i) refuse any order submitted or provided hashing power, (ii) cancel an order or part of the order before it is executed, (iii) impose limits on the order amount permitted or on provided hashing power or (iv) impose any other conditions or restrictions upon your use of the AFK.cat Services without prior notice. For example, but not limited to, AFK.cat may limit the number of open orders that you may establish or limit the type of supported Hashing power rigs and mining algorithms or AFK.cat may restrict submitting orders or providing hashing power from certain locations.
AFK.cat reserves the right to change any transaction, definitions, description, order types, procedure, rules, restrictions and limitations at any time for any reason.
Orders, provision of hashing power, payments, trades, exchange rates deposits, withdrawals and other transactions are accepted only through the interface of the AFK.cat Website, AFK.cat API and AFK.cat Account and are fixed by the software and hardware tools of the AFK.cat Website. If you do not understand the meaning of any transaction option, AFK.cat strongly encourages you not to utilize any of those options.
Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any digital assets or hashing power, the actual price per hash, price per product or price per item at which some of the orders are executed may be different from the prevailing price indicated on AFK.cat Website at the time of your order. You understand that AFK.cat is not liable for any such price fluctuations. In the event of a market disruption or Force Majeure Event, AFK.cat may do one or more of the following: (i) suspend access to the AFK.cat Account or AFK.cat Website, or (ii) prevent you from completing any actions in the AFK.cat Account, including closing any open orders. Following any such event, when trading resumes, you acknowledge that prevailing market prices may differ significantly from the prices available prior to such event.
Hashing power buyer agrees to pay applicable processing fee to AFK.cat for provided services. The AFK.cat’s fees are deducted from Hashing power buyer’s AFK.cat Wallet once the whole order is exhausted and completed. Please refer to the AFK.cat Website, for more information about the fees which are applicable at the time of provision of services. AFK.cat reserves the right to change these fees according to the provisions to change these Terms at any time for any reason. The changed fees will apply only for the AFK.cat Services provided after the change of the fees. All orders submitted prior the fee change but not necessary completed prior the fee change will be charged according to the fees applicable at the time of the submission of the order.
AFK.cat will attempt, on a commercially reasonable basis, to execute the Hashing power buyer’s purchase of the hashing power on the Hashing power marketplace under these Terms according to the best-effort delivery approach. In this respect AFK.cat does not guarantee that the hashing power will actually be delivered or verified and does not guarantee any quality of the AFK.cat Services.
Hashing power buyer may cancel a submitted order during order’s lifetime. If an order has been partially executed, Hashing power buyer may cancel the unexecuted remainder of the order. In this case the AFK.cat’s processing fee will apply only for the partially executed order. AFK.cat reserves the right to refuse any order cancellation request once the order has been submitted.
All Hashing power rig’s earnings and profitability calculations on AFK.cat Website are only for informational purposes. AFK.cat does not warrant that your Hashing power rigs or PC would achieve the same profitability or earnings as calculated on AFK.cat Website. In addition, AFK.cat is free to use any exchange rate to convert currencies to afk points (or afkpoints) which is the currency used in the shop. You hereby acknowledge that it is possible that your Hashing power rigs would not be as profitable as indicated in our informational calculations or would not be profitable at all.
Hashing power provider agrees to pay applicable processing fee to AFK.cat for provided services. The AFK.cat’s fees are deducted from all the payments made to the Hashing power provider for his provided work. Please refer to the AFK.cat Website, for more information about the fees which are applicable at the time of provision of services. AFK.cat reserves the right to change these fees according to the provisions to change these Terms at any time for any reason. The changed fees will apply only for the AFK.cat Services provided after the change of the fees.
Hashing power provider may disconnect the Hashing power rig from the AFK.cat stratum server any time. AFK.cat reserves the right to refuse any Hashing power rig once the Hashing power rig has been pointed towards AFK.cat stratum server.
Misuse and malicious use of Hashing power rigs is strictly prohibited. It is particularly prohibited to use AFK.cat Services by using network botnets or by using AFK.cat Services with Hashing power rigs without the knowledge or awareness of Hashing power rig owner(s). AFK.cat reserves the right to seize any funds, accumulated with misuse and malicious use of Hashing power rigs.
RIGHTS AND OBLIGATIONS
When accessing or using the AFK.cat Services or AFK.cat Wallet, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using AFK.cat Services or AFK.cat Wallet.
As a condition of your use of the AFK.cat Services you warrant to AFK.cat that you will not use the AFK.cat Services for any purpose that is unlawful or prohibited by these Terms. You may not use the AFK.cat Services in any manner that could damage, disable, overburden, or impair the provision of AFK.cat Services or interfere with any other party's use and enjoyment of the AFK.cat Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you or public through the AFK.cat Services.
We may, in our sole discretion, at any time, for any or no reason and without liability to you, with prior notice and with notice period of 30 days (i) terminate all rights and obligations between you and AFK.cat derived from these Terms, (ii) suspend your access to all or a portion of AFK.cat Services, AFK.cat Wallet and its related services or any portion thereof and delete or deactivate your AFK.cat Account and all related information and files in such account (iii) modify, suspendor discontinue, temporarily or permanently, any portion of AFK.cat Services or (iv) provide enhancements or improvements to the features and functionality of the AFK.cat Services, which may include patches, bug fixes, updates, upgrades and other modifications. Any such change may modify or delete certain portion, features or functionalities of the AFK.cat Services. You agree that AFK.cat has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular portion, features or functionalities of the AFK.cat Services to you. You further agree that all changes will be (i) deemed to constitute an integral part of the AFK.cat Services, and (ii) subject to these Terms.
In the event of your breach of these Terms, including but not limited to, for instance, in the event that you breach any term of these Terms, due to legal grounds originating in anti-money laundering and know your client regulation and procedures, or any other relevant applicable regulation, all right and obligations between you and AFK.cat derived from these Terms terminate automatically if you fail to comply with these Terms within the notice period of 8 days after you have been warned by AFK.cat about the breach and given 8 days period to cure the breaches. AFK.cat reserves the right to keep these rights and obligations in force despite your breach of these Terms.
In the event of termination, AFK.cat will attempt to return you any funds stored on your AFK.cat Wallet not otherwise owed to AFK.cat, unless AFK.cat believes you have committed fraud, negligence or other misconduct. You acknowledge that the AFK.cat Services and AFK.cat Wallet may be suspended for maintenance.
Technical information about the hashing power transactions, including information about chosen server locations, algorithms used, selected mining pools, your business or activities, including all financial and technical information, specifications, technology together with all details of prices, current transaction performance and future business strategy represent confidential information and trade secrets. AFK.cat shall, preserve the confidentiality of all before mentioned information and shall not disclose or cause or permit to be disclosed without your permission any of these information to any person save to the extent that such disclosure is strictly to enable you to perform or comply with any of your obligations under these Terms, or to the extent that there is an irresistible legal requirement on you or AFK.cat to do so; or where the information has come into the public domain otherwise than through a breach of any of the terms of these Terms. AFK.cat shall not be entitled to make use of any of these confidential information and trade secrets other than during the continuance of and pursuant to these Terms and then only for the purpose of carrying out its obligations pursuant to these Terms.
COMMUNICATION AND SUPPORT
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that AFK.cat provides in connection with your AFK.cat Account or use of the AFK.cat Services. You agree that AFK.cat may provide these communications to you by posting them via the AFK.cat Account or by emailing them to you at the email address you provide. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
It is your responsibility to keep your email address updated in the AFK.cat Account so that AFK.cat can communicate with you electronically. You understand and agree that if AFK.cat sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, it will be deemed that you have been provided with the communication. You can update your AFK.cat Account preferences at any time by logging into your AFK.cat Account. If your email address becomes invalid such that electronic communications sent to you by AFK.cat are returned, AFK.cat may deem your account to be inactive and close it, and you may not be able to use the AFK.cat Services until AFK.cat does not receive a valid, working email address from you.
You may give AFK.cat a notice under these Terms by sending an email to firstname.lastname@example.org. All communication and notices pursuant to these Terms must be given in English language.
It is your responsibility to determine what, if any, taxes apply to the transactions you complete or services you provide via the AFK.cat Services and AFK.cat Wallet, it is your responsibility to report and remit the correct tax to the appropriate tax authority and all your factual and potential tax obligations are your concern. You agree that AFK.cat is not in any case and under no conditions responsible for determining whether taxes apply to your transactions or services or for collecting, reporting, withholding or remitting any taxes arising from any transactions or services. You also agree that AFK.cat is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues.
All fees and charges payable by you to AFK.cat are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts. Upon our request, you will provide to us any information that we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you will notify AFK.cat and will pay AFK.cat any additional amounts necessary to ensure that the net amount received by AFK.cat, after any deduction and withholding, equals the amount AFK.cat would have received if no deduction or withholding had been required. Additionally, you will provide AFK.cat with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
AFK.CAT MINER AND EXCAVATOR LICENSE
AFK.cat Mining Software whether on disk, in read only memory, or any other media or in any other form is licensed, not sold, to you by AFK.cat for use only under these Terms. AFK.cat retains ownership of the AFK.cat Mining Software itself and reserve all rights not expressly granted to you.
Subject to these Terms, you are granted a limited, non-transferable, non-exclusive and a revocable license to download, install and use the AFK.cat Mining Software. You may not distribute or make the AFK.cat Mining Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, assign, sublicense host, outsource, disclose or otherwise commercially exploit the AFK.cat Mining Software or make it available to any third party.
There is no license fee for the AFK.cat Mining Software. AFK.cat reserves the right to change the license fee policy according to the provisions to change these Terms any time and for any reason, including to decide to start charging the license fee for the AFK.cat Mining Software. You are responsible for any and all applicable taxes.
You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the AFK.cat Mining Software or any services provided by the AFK.cat Mining Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the AFK.cat Mining Software).
By installing this software you agree to receive automatic updates, your device will periodically check with AFK.cat for updates and upgrades to the AFK.cat Mining Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices.
You agree that AFK.cat may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the AFK.cat Mining Software and to verify compliance with these Terms. AFK.cat may use this information, as long as it is in a form that does not personally identify you, to improve our AFK.cat Services.
AFK.cat Mining Software contains features that rely upon information about your selected mining pools. You agree to our transmission, collection, maintenance, processing, and use of all information obtained from you about your selected mining pools. You can opt out at any time by going to settings in the AFK.cat Mining Software.
AFK.cat may provide interest-based advertising to you. If you do not want to receive relevant ads in the AFK.cat Mining Software, you can opt out at any time by going to settings in the AFK.cat Mining Software. If you opt out, you will continue to receive the same number of ads, but they may be less relevant because they will not be based on your interest.
AFK.cat Mining Software license is effective until terminated. All provisions of these Terms regarding the termination apply also for the AFK.cat Mining Software license. Upon the termination of AFK.cat Mining Software license, you shall cease all use of the AFK.cat Mining Software and destroy or delete all copies, full or partial, of the AFK.cat Mining Software.
AFK.cat retains all copyright and other intellectual property rights, including inventions, discoveries, knowhow, processes, marks, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon over all content and other materials contained on AFK.cat Website or provided in connection with the AFK.cat Services, including, without limitation, the AFK.cat logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof. These material is protected by Slovenian and international copyright laws and other intellectual property right laws. These Terms shall not be understood and interpreted in a way that they would mean assignment of copyright or other intellectual property rights, unless it is explicitly defined so in these Terms.
AFK.cat hereby grants you a limited, nonexclusive and non-sublicensable license to access and use AFK.cat’s copyrighted work and other intellectual propriety for your personal or internal business use. Such license is subject to these Terms and does not permit any resale, the distribution, public performance or public display, modifying or otherwise making any derivative uses, use, publishing, transmission, reverse engineering, participation in the transfer or sale, or any way exploit any of the copyrighted work and other intellectual propriety other than for their intended purposes. This granted license will automatically terminate if AFK.cat suspends or terminates your access to the AFK.cat Services, AFK.cat Wallet or closes your AFK.cat Account.
AFK.cat will own exclusive rights, including all intellectual property rights, to any feedback including, but not limited to, suggestions, ideas or other information or materials regarding AFK.cat Services or related products that you provide, whether by email, posting through our AFK.cat Website, AFK.cat Account or otherwise and you irrevocably assign any and all intellectual property rights on such feedback unlimited in time, scope and territory. Any Feedback you submit is non-confidential and shall become the sole property of AFK.cat. AFK.cat will be entitled to the unrestricted use, modification or dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the feedback. We have the right to remove any posting you make on AFK.cat Website if, in our opinion, your post does not comply with the content standards defined by these Terms.
COLLECTION OF INFORMATION
We collect information you provide directly to us. For example, we collect information about you when you create an online account, complete a transaction, fill out a form, use our software products and mobile applications, respond to surveys, post messages to our forums or wikis or otherwise communicate with us.
The types of information we may collect are as follows:
When you access or use the AFK.cat Services, we automatically collect information as follows:
We may use your information as follows:
You may opt out of receiving promotional communications from us by following the instructions in those communications. If you opt out of receiving promotional communications, we may still send you transactional or relationship messages, such as those about your account or our ongoing business relations.
PROCESSING OF INFORMATION
The AFK.cat collects and processes the data described herein itself and does not forward or transfer them to any other entity or person.
DISCLOSURE OF INFORMATION
We will only use and disclose your personal information internally in order to:
We may disclose any information we collect about you, whether you are a current or former customer, with law enforcement, data protection authorities, government officials, and other authorities, when:
Other than in connection with a merger, sale of AFK.cat's assets, financing or acquisition, we will not sell or rent any of your information to third parties for their own marketing purposes.
We implement reasonable security practices and procedures to help protect the confidentiality and security of your information, including any non-public personal information. We protect your information using reasonable physical, technical and administrative security measures, including by limiting access to your information to employees with a need to know such information. To make sure your personal information is secure, we communicate our privacy and security guidelines to our employees and strictly enforce privacy safeguards within the company.
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. They are typically stored on your computer’s hard drive.
We use third party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what products are browsed, and general transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors' interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using our services. Our service provider(s) is/are contractually restricted from using information they receive from our Site other than to assist us.
Natural persons and legal entities that are not capable of holding legal rights and obligations are not allowed to create AFK.cat Account and use AFK.cat Services or other related services. If AFK.cat becomes aware that such natural person or legal entity has created the AFK.cat Account or has used AFK.cat Services, AFK.cat will delete such AFK.cat Account and disable any AFK.cat Services and block access to AFK.cat Account and AFK.cat Services to such natural person or legal entity.
If you register to use the AFK.cat Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
These Terms do not create any third-party beneficiary rights in any individual or entity.
These Terms forms the entire agreement and understanding relating to the subject matter hereof and supersede any previous and contemporaneous agreements, arrangements or understandings relating to the subject matter hereof to the exclusion of any terms implied by law that may be excluded by contract.
If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of every other provisions will not in any way be impaired. Such illegal, invalid or unenforceable provision of these Terms shall be deemed to be modified and replaced by such legal, valid and enforceable provision or arrangement, which corresponds as closely as possible to our and your will and business purpose pursued and reflected in these Terms.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
No failure to enforce nor delay in enforcing, on our side to the Terms, any right or legal remedy shall function as a waiver thereof, nor shall any individual or partial exercise of any right or legal remedy prevent any further or other enforcement of these rights or legal remedies or the enforcement of any other rights or legal remedies.
AFK.cat reserves the right to make changes, amendments, supplementations or modifications from time to time to these Terms including but not limited to changes of licence agreement for AFK.cat Mining Software and of any fees and compensations policies, in its sole discretion and for any reason. We suggest that you review these Terms periodically for changes.
We hold the right to change these Terms at all time. The notice of change of these Terms is considered as notice of termination of all rights and obligations between you and AFK.cat derived from these Terms with notice period of 30 days, if you do not accept the amended Terms. If you do not agree to any amended Terms, (i) the agreement between you and AFK.cat is terminated by expiry of 30 days period which starts after AFK.cat provides you a notice of change of these Terms, (ii) you must discontinue using AFK.cat Services and (iii) you must inform us regarding your disagreement with the changes and request closure of your AFK.cat Account. If you do not inform us regarding your disagreement and do not request closure of you AFK.cat Account, we will deem that you agree with the changed Terms.
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of AFK.cat. AFK.cat may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval
The rights and remedies conferred on AFK.cat by, or pursuant to, these Terms are cumulative and are in addition, and without prejudice, to all other rights and remedies otherwise available to AFK.cat at law.
These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact AFK.cat and immediately navigate away from the AFK.cat Website. Do not use the AFK.cat Services, AFK.cat Wallet or other related services until you and AFK.cat have agreed upon new terms of service.