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Terms and Conditions of The Asset Observer

 

1. Introduction

1.1 Acceptance of Terms: The Asset Observer, a trading name of DCR Guild, a company registered in Gibraltar, offers a range of digital services, including a website, mobile applications, and other related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and Conditions, as well as our Privacy Policy and any other related policies.

1.2 Amendment of Terms: We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Service signifies your acceptance of the revised Terms. We encourage users to regularly review the Terms.

2. Use of the Service

2.1 Eligibility: The Service is intended for users who are at least 16 years of age. By using the Service, you represent and warrant that you meet this minimum age requirement.

2.2 User Obligations: You agree to use the Service for lawful purposes only. You shall not use the Service in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Service.

2.3 Prohibited Activities: You are prohibited from engaging in activities that include, but are not limited to: (a) unauthorized access to or alteration of data; (b) interference with the Service or servers/networks connected to the Service; (c) circumventing or attempting to circumvent any security or authentication measures; and (d) engaging in any activity that violates applicable laws and regulations.

3. Registration and Account Integrity

3.1 Account Creation: To access certain features of the Service, you may be required to create an account. You agree to provide truthful and accurate information during the account creation process.

3.2 Account Security: You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your password. DCR Guild cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Account Responsibilities: You are responsible for all content that you transmit or otherwise make available to the Service. Your access to and use of the Service may be monitored by DCR Guild, and we reserve the right to take any action we deem appropriate based on such monitoring.

4. Content and Intellectual Property

4.1 Ownership of Service Content: All materials displayed or performed on the Service, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and themes, are the property of DCR Guild or its licensors and are protected by intellectual property rights.

4.2 User-Generated Content: Users may submit, upload, or otherwise make available content such as comments, messages, images, text, and other materials (“User Content”). By submitting User Content, you grant DCR Guild a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the Service.

4.3 Content Standards: You represent and warrant that your User Content does not and will not violate any laws or infringe the rights of any third party, including without limitation any intellectual property rights, privacy rights, and rights of publicity.

5. User Conduct

5.1 Respectful Interaction: You agree to conduct yourself in a respectful and civil manner when using the Service. You shall not use the Service to transmit or post harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material.

5.2 Compliance with Laws: You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the Service.

6. Disclaimers and Limitation of Liability

6.1 Service “As Is”: The Asset Observer is provided on an “as is” and “as available” basis. DCR Guild expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 No Guarantee of Accuracy: DCR Guild does not warrant or guarantee the accuracy, reliability, completeness, or timeliness of any information on the Service, including User Content.

6.3 No Responsibility for Harm: DCR Guild is not responsible for any personal injury, property damage, or any other harm or losses arising from or relating to your use of the Service.

6.4 Limitation of Liability: To the fullest extent permitted by law, DCR Guild shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your access to or use of, or inability to access or use, the Service.

7. Third-Party Links and Services

7.1 Third-Party Content: The Service may contain links to websites or services offered by third parties. These links are provided for your convenience and information.

7.2 Disclaimer for Third-Party Links: DCR Guild is not responsible for the content, accuracy, or opinions expressed on such websites or services. Inclusion of any linked website on the Service does not imply approval or endorsement by DCR Guild.

7.3 Risks of Third-Party Sites: Your use of third-party sites and services is at your own risk and subject to the terms and conditions of use for such sites and services.

8. Intellectual Property Rights

8.1 Respect for Intellectual Property: The Service and its original content, features, and functionality are and will remain the exclusive property of DCR Guild and its licensors.

8.2 Infringement Notices: If you believe that your intellectual property rights have been violated in any way by the Service, please notify DCR Guild with a comprehensive description of the alleged infringement for further investigation.

8.3 Protection of Intellectual Property: DCR Guild respects the intellectual property rights of others and asks users of the Service to do the same.

9. Privacy and Data Protection

9.1 Commitment to Privacy: Protecting your privacy is of great importance to DCR Guild. Our Privacy Policy governs the handling, storage, and use of any personal information you provide.

9.2 Data Usage: The information and data collected by DCR Guild through the Service may be used in accordance with our Privacy Policy and relevant data protection laws.

9.3 Consent to Data Practices: By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.

10. Indemnification

10.1 User’s Indemnity: You agree to indemnify and hold DCR Guild, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

10.2 Defense and Control of Claims: DCR Guild reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DCR Guild, and you agree to cooperate with our defense of these claims

11. Modifications to the Service

11.1 Changes to Service: DCR Guild reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DCR Guild shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

11.2 Notification of Changes: While we will endeavor to provide direct notification to users regarding significant changes to the Service, it is your responsibility to review these Terms periodically for updates or changes.

12. Termination

12.1 Termination by DCR Guild: DCR Guild may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

12.2 Effect of Termination: Upon termination, your right to use the Service will cease immediately.

12.3 Survival of Terms: All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Jurisdiction

13.1 Applicable Law: These Terms will be governed and construed in accordance with the laws of Gibraltar, without regard to its conflict of law provisions.

13.2 Jurisdiction: You agree to submit to the personal jurisdiction of the courts located in Gibraltar for the purpose of litigating all such claims or disputes.

14. Miscellaneous

14.1 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14.2 Waiver: Any waiver of any provision of these Terms will be effective only if in writing and signed by DCR Guild.

14.3 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without DCR Guild’s prior written consent. DCR Guild may freely assign these Terms.

14.4 Entire Agreement: These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

14.5 Notifications: Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.

15. Feedback and Contact Information

15.1 Feedback: Any feedback you provide at this site shall be deemed to be non-confidential. DCR Guild shall be free to use such information on an unrestricted basis.

15.2 Contact Information: For any questions about these Terms, please contact us

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