The word ‘including’ or any variation thereof as used in these Website Terms & Conditions means ‘including, without limitation’ and should not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
12.2 Independent contractors
Nothing in the Website Terms & Conditions creates any form of partnership, joint venture or any other similar relationship between the User and Solid World and other individuals or entities involved in the development and deployment of the Code and the Solid World Sites.
The User may not assign or otherwise transfer the User’s rights and obligations under any of the Website Terms & Conditions without the prior written consent of Solid World. Solid World may, at its sole discretion, decide to retroactively accept or decline, in parts or in full, any assignment or transfer made in breach of this Section.
At any time and without the need for the User’s consent, Solid World may assign any obligation or right hereunder or transfer any of the Website Terms & Conditions to any third party at Solid World’s sole discretion.
All of the Website Terms & Conditions are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. The User may not merge any of the Website Terms & Conditions with any other agreements to which Solid World may be a party.
12.4 English language
All notices given pursuant to the Website Terms & Conditions must be in English. Translations of any of the Website Terms & Conditions into another language are for informational purposes only. If Solid World provides a translation of the English language version of any of the Website Terms & Conditions, the English version will prevail and control any conflict.
12.5 Notices to the User and Solid World
Solid World may give any notice to the User under any of the Website Terms & Conditions by (i) posting a notice on any of the Solid World Sites; or (ii) sending a message to the email address associated with the User’s account on any of the Solid World Sites. Notices posted on Solid World Sites will be effective upon 8 of 2 posting. Notices given by email will be effective once the email has been sent. It is the User’s responsibility to keep the User’s email address current. To give Solid World notice under the Website Terms & Conditions, the User must contact Solid World at [email protected]
. Solid World may update the address for notices by posting a relevant notice on any of the Solid World Sites.
Solid World may provide disclosures and notices required by law and other information to Users electronically by posting it on any of the Solid World Sites or send it to the email address that the User has given to Solid World. Electronic disclosures and notices have the same meaning and effect as if Solid World had provided the User with hard copies thereof. Such disclosures and notices are considered received by the User within 24 hours of the time posted to the Solid World Sites or within 24 hours of the time of sending an email message to the User unless Solid World receives notice that the email message was not delivered.
Solid World has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that the User gives Solid World, and nothing in these Website Terms & Conditions or in the parties’ dealings arising out of or related to the Solid World Sites will restrict Solid World’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting the User. Feedback will not be considered the User’s trade secret. (‘Feedback’ refers to any suggestion or idea for improving or otherwise modifying any of Solid World Sites or the Code.)
If any portion of any of the Website Terms & Conditions is deemed invalid or unenforceable, the remaining portions will remain in full force and effect, and Solid World will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent and economic effect of the relevant Website Terms & Conditions.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Website Terms & Conditions, such exclusions and limitations will not apply to the User strictly to the extent necessary to make these Website Terms & Conditions consistent with such prohibitions.
12.8 Force Majeure
Solid World and its affiliates are not liable for any failure or delay in performance of an obligation under any of the Website Terms & Conditions where the failure or delay results from any cause beyond reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war. Force Majeure events include upgrades to the validation rules of a given blockchain network (eg a ‘hard fork’ or ‘soft fork’).
12.9 No implied waiver
If the User does not comply with these Website Terms & Conditions, and Solid World do not take action immediately, this does not mean Solid World are giving up any rights that Solid World may have (such as taking action in the future).
12.10 Limitation period
Any cause of action the User may have with respect to these Website Terms & Conditions or the Solid World Sites must be commenced within one year after the claim or cause of action arose, or it will be barred.
12.11 Governing law
The Website Terms & Conditions and any non-contractual obligations arising out of or relating to the Website Terms & Conditions are governed by the laws of the Republic of Estonia, excluding the provisions of the United Nations Convention on the International Sale of Goods and the conflict of law rules of Estonian private international law.
All disputes, disagreements and claims arising from or in connection with the Website Terms & Conditions or relating in any way to the User’s use of any of Solid World Site or Solid World services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to any of the Website Terms & Conditions, are solved amicably by way of negotiations between the parties. Failing agreement, the dispute, disagreement, or claim is resolved by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules. The arbitral tribunal is composed of three arbitrators. The seat of arbitration is Tallinn, Estonia. The language of the arbitral proceedings is English.
Notwithstanding the foregoing, Solid World and the User agree that Solid World may bring suit in any court of law to enjoin infringement or other violations or misuses of Solid World’s intellectual property rights.
Any disputes that may arise beyond the scope of the arbitration provision will be exclusively resolved in Harju District Court in Tallinn, Estonia, as the court of first instance. The User and Solid World consent to personal jurisdiction in those courts. The User hereby waives any objection which they may have at any time to the laying of venue of any proceedings as specified above, waives any claim that such proceedings have been brought in an inconvenient forum and further waives the right to object, with respect to such proceedings, that the arbitral tribunal specified above does not have any jurisdiction over the User.
To the extent permissible by law, all claims must be brought in a party’s individual capacity and not as a plaintiff or class member in any purported class, collective action, or representative proceeding (collectively, ‘class action’). The arbitrator may not consolidate more than one person’s claims or engage in any class action. The User acknowledges that, by agreeing to the Website Terms & Conditions, each party waives the right to a trial by jury and the right to participate in a class action.