Updated on 8th March 2022
(Company, us, we) and you as the User.
The Terms You or the User refers to any person or entity browsing, accessing, downloading,
THE COMPANY BELIEVES THAT THE INFORMATION PRESENTED IS ACCURATE AND THAT THE INFORMATION WAS OBTAINED FROM SOURCES THAT THE COMPANY BELIEVES TO BE RELIABLE.
Users of this website may open an account as a “MavenCORE Partner” (who shares information about the service with others for commission), a “MavenCORE Philanthropists” (who commits to a recurring monthly donation plan), a “Fundseeker” (who is looking for business capital or grants for professional uses), or they may view Content made available to the general public.
Significant regulatory considerations apply to the funding processes, and this Agreement sets forth Terms on which Fund Seekers and the general public use the MavenCORE platform.
MavenCORE Partner: Mavencore Technologies partners with various individuals for marketing purposes. The people share information or invite people to join the platform and earn a commission as specified in our affiliate progra.
MavenCORE Philanthropists: MavenCORE relies on individuals and businesses who donate money that is given to fundseekers when they present projects. MavenCORE Philanthropists signup up for monthly recurring donation plans. In return we publish and maintain a philanthropic portfolio for each member.
A Fundseeker: an individual operating independently who joins the program with the aim of receiving capital.
GENERAL USERS: Certain portions of the Site, including Proposals from Fundseekers, and Philanthropist Portfolios, will be visible to users who have not signed up for accounts. Those users, nevertheless, are bound by this agreement. Fundseekers should be aware that information they provide will be visible to everybody and we might, at our own discretion, redact some information to protect the fundseeker or MavenCORE from liability.
User Obligations 4
Requirements to Use the Services. 4
Requirements related to content on MavenCORE 4
Requirements related to fundraising 5
Other User Obligations 6
Privacy and Protection of Personal Information 7
ACCOUNT PASSWORD AND SECURITY 8
Company Services and License 8
Reservation of the Company’s Rights 9
Limits of the Company’s Obligations 10
Copyright Policy 11
Term and Termination 12
DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY 12
DISPUTES WITH OTHERS 14
FORCE MAJEURE 14
Availability of Services 15
Injunctive Relief 15
Waiver and Severability 16
To Act Responsibly. You are promising to act responsibly – which means:
Requirements to Use the Services.
- That you have the right, authority, and capacity to enter into this Agreement on your own behalf and on behalf on any entity for whom you are acting and to abide by all of the Terms and conditions contained herein, and that if any aspect of your participation in MavenCORE violates provisions of the law to which you are subject, you will cease using the Services and close your account.
- That you are at least 18 years old, and that if you are less than 18 years old, your parent or legal guardian has agreed to stand behind any agreement you enter into as a participant on MavenCORE.
- That you are of legal age to accept this Agreement according to your residence country legislation.
- That you have a valid User address or will create a valid User address for using MavenCORE. That you shall not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason.
- That you shall not use a User ID name that is subject to any rights of a person other than yourself without appropriate authorization.
- That you shall be solely responsible for maintaining the confidentiality of your password;
- That you will update your registration information with the Company as needed so that it remains true, correct and complete.
- That you will conduct yourself in a professional manner in all your interactions with MavenCORE and with any other MavenCORE user, including refraining from demanding support in monetary form or otherwise.
- That you comply with the laws and regulations of your country of residence;
If you are using the Services on behalf of a legal entity, you represent and warrant that:
- such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;
- you are duly authorized by such legal entity to act on its behalf;
- any beneficial owner of the legal entity, director, employee, services provider or any other individual in any way connected with your company has not been placed on any of the sanctions lists, published and maintained by the United Nations, European Union, any EU
country, UK Treasury and US Office of Foreign Assets Control (OFAC)
Requirements related to content on MavenCORE
- That you will only provide MavenCORE with Content that you have a right to provide to MavenCORE and to allow MavenCORE to display through the Services,
- That you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display by MavenCORE.
- That you understand that any other Content you find on or through MavenCORE is the sole responsibility of the person who originated such Content;
- That you understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability, and that MavenCORE will not be responsible or liable for any use of your Content by MavenCORE in accordance with this Agreement;
- That you are not relying on MavenCORE to, and that you understand that we do not, endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted by third parties via the Services or endorse any opinions expressed via the Services;
- That you understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against MavenCORE for any such material;
- That you understand that the Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or other information, and you have no claim against MavenCORE for the placement of advertising or similar content on the Services or in connection with the display of any Content or other information from the Services.
Requirements related to fundraising
- That you understand that MavenCORE does not guarantee funding for any project whether pre-qualified or otherwise.
- That you will be solely responsible for complying with applicable law regarding any transaction, including without limitation the taxes charged by the governing authority in your local jurisdiction.
- That you have reviewed and understand the discussion of risks found here, and that you are otherwise aware of the risks of making donations. You are promising not to Violate the Community Rules of MavenCORE, as defined in Section XIII (Definitions);
- Treat any Content, email or other information you receive as a result of your access to the Services as a recommendation or representation of any kind by MavenCORE, an affiliate of MavenCORE or any employee, officer, director, representative or other agent of the foregoing (each a “Company Person”) on which you should rely unless such information has been expressly identified as created by a Company Person;
- Claim any ownership, right in any material, platform or other intellectual property displayed on, published by or otherwise available through MavenCORE, other than Content, platform or intellectual property that you own or otherwise have rights to without regard for its appearance on MavenCORE;
- Copy or distribute Content except as specifically allowed in this Agreement; Use any Content, or other information acquired from Company Persons, fundseekers or donors, or otherwise through your use of the Services, for commercial or investment activity outside of the Services, without prior written approval from the Company;
- Claim any right to access, view or alter any source code or object code of MavenCORE;
- Market competing Services to people you’ve identified through MavenCORE.
- Release. You hereby release any claims you may have against MavenCORE and any Company Person that are in any way related to the Services or your use of Content, including any representations, recommendations or referrals you may receive as a result of your registration with MavenCORE. You are solely responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners.
- MavenCORE Employees and Affiliates. You understand that Company Persons may participate in the Services as donors or fundseekers, and that MavenCORE is not responsible for any of their activities, including statements or other information in any emails or other communications such individuals make in that capacity.
- Confidentiality. By registering with MavenCORE, or otherwise using the Services or viewing content made available through MavenCORE in any way, you may have an opportunity to see Private Information. It is expected that you will use discretion in determining what you do with that information. You agree, however, that you will not republish any information you acquire through the Services via an Internet website, for which one of the principal purposes is to compete with MavenCORE.
Other User Obligations
You promise to comply with the Terms of the license set forth in Section IV (Company Services and License) of this Agreement.
You are licensing to us the right to publish all Content you upload to MavenCORE, including any comments or other forum posts you may offer on the Site in order to provide the Services. Your Content will be viewable by other users of the Services and through third party Services and websites. You should only provide Content that you are comfortable sharing with others.
To the extent that MavenCORE is determined, for any reason, not to be the licensee of any material you have provided to us, including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively “Moral Rights”), you hereby ratify and consent to any action that may be taken with respect to such Moral Rights by or authorized by MavenCORE and agree not to assert any Moral Rights with respect thereto. You further agree that you will confirm any such ratifications, consents and agreements from time to time as requested by the Company.
You acknowledge that MavenCORE is not obligated to pay you or to cause any other party to pay you any compensation with respect to your activities on MavenCORE, or to feature or otherwise display your Content on any web page.
You acknowledge that you do not rely on the Company to monitor or edit the Services (including emails initiated by individuals, regardless of whether those individuals are otherwise associated with the Company) and that the Services may contain Content which you find offensive or which is untrue or misleading and you hereby waive any objections you might have with respect to viewing such content.
You agree that this Agreement does not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Services (collectively, “Updates”). The Company, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advanced notification to you). Any such Updates for the Services shall become part of the Services and subject to this Agreement.
If you operate, manage or otherwise control a search engine or robot, or you republish a significant fraction of MavenCORE Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
- You must use a descriptive user agent header.
- You must follow robots.txt at all times.
- You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
APIs available through the Service. We may make available one or more APIs for interacting with the Services. Your use of any MavenCORE API on the Site is subject to this Agreement and the MavenCORE API Rules, which will be posted before we make these APIs available (and which will then become part of this Agreement).
Privacy and Protection of Personal Information
MavenCORE values your privacy. Please review our Privacy & Cookies Policy to learn more about how we collect and use information about you via the Services. The Privacy & Cookies Policy explains how MavenCORE treats your personal information and protects your privacy when you access MavenCORE and use the Services.
Amendments to the Privacy & Cookies Policy. We may amend the Privacy & Cookies Policy at any time in our sole discretion, effective upon posting the amended Privacy & Cookies Policy at the domain of www.mavencore.net/privacy-policy where the prior version of the Privacy & Cookies Policy was posted, or by communicating these changes through any written or other contact method we have established with you. Your use of the Services following the date on which such amended Privacy & Cookies Policy is published will constitute consent to such amendments to the extent they do not have retroactive applicability.
ACCOUNT PASSWORD AND SECURITY
You hereby represent and warrant that you are fully able and competent to enter the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and abide by and comply with these Terms.
When using Waves Exchange Software and Services, you will be responsible for keeping your own account secret fifteen-word seed phrase for access to any of your user addresses and a separate password for Waves Exchange and MavenCORE which you choose and set up. MavenCORE and Waves Exchange Software encrypts this information locally at your computer with a MavenCORE or a Waves Exchange password you provide. We never receive and/or send any of your secret information (including MavenCORE passwords, Seed phrase and Waves Exchange password) to any servers.
You agree to:
- never use the same password for MavenCORE or Waves Exchange that you have ever used outside of MavenCORE or Waves Exchange,
- keep your secret information and password confidential and do not share them with anyone else. The Company cannot and will not be liable for any loss or damage arising from breaches of security and confidentiality which are out of our control.
Company Services and License
All right, title, and interest in and to the Services (excluding Content provided by users) is and will remain the exclusive property of MavenCORE Technologies and its licensors. The Services are protected by copyright, trademark, and other laws of both Kenya and foreign countries. Except as expressly provided herein, nothing in this Agreement gives you a right to use the MavenCORE name or any of the MavenCORE trademarks, logos, domain names or other distinctive brand features. Subject to your acceptance of this Agreement, MavenCORE grants to you a worldwide, non-assignable, non-exclusive, non-transferable, revocable limited license to use the Services and related platform and to display any non-confidential results of such Services anywhere on the rest of the web, provided that you:
- do not modify the content, except as described below; attribute MavenCORE with a human and machine-followable link (an anchor tag) linking back to the page displaying the original source of the Content on MavenCORE;
- make a reasonable effort to update a particular piece of Content to the latest version on MavenCORE; and make a reasonable attempt to delete Content that has been deleted on MavenCORE.
No Claim to Any Rights in Your Information. We are promising not to claim any ownership interest in the Content provided by you to us solely because you have provided it, although we will claim a license sufficient to display such items through MavenCORE.
Reservation of the Company’s Rights
Right to Control Content. MavenCORE may, but is not required to, monitor or control the Content posted via the Services. Our failure to exercise this right does not give you any right to make a claim against MavenCORE. Any Content that has been uploaded through the Services may be deleted at any time without notice to you.
Right to Discontinue the Services. MavenCORE reserves the right to discontinue the Services or to change the Services in any way and at any time, with notice to you, without liability.
Right to Terminate User Access. MavenCORE reserves the right to terminate your access to the Services without notice and, if you violate this Agreement, to pursue other remedies at law or in equity. We may delete your account for any reason, and if we delete your account you will lose all access to any information, connections or other features that may have value to you that may have been associated with your account.
Right to Refuse or Cancel Registration. The Company has the right to refuse registration of or cancel your user account in its discretion for any reason or for no reason. In addition, the Company reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users and/or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request,
- enforce this Agreement (including investigation of potential violations hereof),
- detect, prevent or otherwise address fraud, security or technical issues,
- respond to user support requests or
- protect the rights, property or safety of MavenCORE, its users and the public.
User Acknowledgement. Without limiting the generality of the foregoing, you specifically acknowledge that the Company is exempt from liability to any person for any claim based upon its termination of an account or disabling of access to or removal of any Content, including material it believes, in its sole discretion to violate this Agreement, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited, and regardless of whether such termination or disabling has the effect of reducing the value of any Content or opportunities that might otherwise have been available to you. By using the Services, you agree that notice to you through an email to the email address you provided in your profile constitutes reasonable efforts to notify you of any removal or disabling if such notice is required.
Comments, Feedback, Suggestions, Ideas, And Other Submissions. The Services may invite you to chat or participate in blogs, message boards, and other functionality and may provide you with the opportunity to create, submit, post, transmit, publish or distribute Content to the Company or to/via the Services. Any such material you transmit to the Company or otherwise through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted or offered to the Company in connection with the use of the Services or otherwise, and any chat, blog, message board, online forum, text, email or other communication with the Company, shall deemed to have been licensed to the Company on a nonexclusive, worldwide, royalty-free, perpetual basis. For more information, see our Privacy & Cookies Policy.
Limits of the Company’s Obligations
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM AND SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER COMPANY NOR ITS AFFILIATED PERSONS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER GROUND (EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SERVICE; THE USE OR THE INABILITY TO USE PLATFORM AND SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM AND SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR INTERNET OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR PLATFORM; ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE PLATFORM AND SERVICES OR USE THE PLATFORM AND SERVICES; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED
ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPING, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE PLATFORM AND SERVICES.
The Company shall not have any liability or responsibility for any errors or omissions in the
performance of the Platform and the Services, for your action or inaction in connection with
the Platform and Services or for any damage to your computer or data or any other
damage you may incur in connection with the Platform and the Services. Your use of the
Platform and the Services is at your own risk. In no event shall the Company be liable for any
direct, indirect, punitive, incidental, special or consequential damages arising out of or in any
way connected with the use of the Platform and the Services, the delay or inability to use the
Platform and the Services or otherwise arising in connection with the Platform and Services
whether based on contract, tort, strict liability or otherwise, even if advised of the possibility
of any such damages.
You expressly understand and agree that your use of the Platform and the Services is at your
sole risk. The Platform and the Services are provided on an “AS IS” and “as available” basis,
without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
You acknowledge that the Company has no control over, and no duty to take any action
regarding: which users gain access to or use the Platform and the Services; which third party
websites and Services you use with the help of or through the Platform and the Services; how
you may use the Platform and Services; or what actions you may take with the help of the
Platform and the Services. You release the Company from all liability for you having acquired
or not acquired Content through the Platform and the Services. The Company makes no
representations concerning any content contained in or accessed through the Platform and
You acknowledge that the Company is not responsible for transferring, safeguarding, or
maintaining your MavenCORE passwords, private keys, Waves Exchange password or any crypto-assets accessible therewith. If you lose, mishandle or have stolen MavenCORE password, Waves Exchange password or private keys, you acknowledge that you may not be able to recover your crypto-assets accessible via such private keys and passwords and that the Company is not responsible for such loss. You acknowledge that the Company is not responsible for any loss, damage or liability arising from your failure to comply with the Terms hereunder.
MavenCORE respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the U.S. Copyright Act have been infringed by acts of third parties over the Internet.
If you believe that your copyrighted work has been copied without your authorization and is available on or in the Services in a way that may constitute copyright infringement, or if you believe that any material on the Services violates this Agreement or your intellectual property rights, please notify the Company as soon as possible by sending an email to firstname.lastname@example.org, or by mailing a letter to the MavenCORE Copyright Agent (listed below) containing the following information in accordance with the DMCA:
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- identification of the copyrighted work claimed to have been infringed;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Our MavenCORE Copyright Agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Services is:
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects for publication and/or annotation. You can see an example of such a publication. A link to your published notice will be displayed on MavenCORE in place of the removed Content.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, MavenCORE will also terminate a user’s account if the user is determined to be a repeat infringer.
Term and Termination
Unless terminated by the Company, this Agreement will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section VIII, you may terminate this Agreement at any time by deleting all Content you have provided to MavenCORE and ceasing to use the Services. The Company may terminate this Agreement at any time, particularly if you are suspected of violating any provision of this Agreement. Upon termination of this Agreement for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by the Company or any other user of the Services that you acquired via use of the Services. Your representations in this Agreement and the provisions of Section II (User Obligations) and any other provision of this Agreement which by their nature are designed to survive termination shall survive any termination or expiration of this Agreement.
DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, platform, failure of email or media players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone or other hardware or platform, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Services, including any mobile platform. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Services, any Content or third party applications, platform or content posted on or through the Services or transmitted to users or any interactions between users of the Services, whether online or offline.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon or any content you receive as a result of your relationship with MavenCORE. MavenCORE will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of the Services or any Content. You also agree that MavenCORE has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from MavenCORE or through the Services, will create any warranty not expressly made herein.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PERSON BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID THE COMPANY IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
To the extent any provision(s) relating to arbitration, disclaimer, waiver of liability or any other rights and obligations set forth herein is not permissible or enforceable under foreign laws as applied to users from such foreign jurisdictions, each such provision shall be deemed removed and invalid, but all remaining provisions shall be in full force and effect.
DISPUTES WITH OTHERS
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release the Company and hereby agree to indemnify the Company from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such a dispute.
Restrictions/No Class Actions. You and the Company agree that any arbitration shall be limited to the Dispute between the Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any; ) no Dispute between you and the Company is to be arbitrated on a class-action basis or will utilize class action procedures; and (3) you may not bring any Dispute in a purported representative capacity on behalf of the general public, other users of the Services or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and the Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
indemnification by you and, in such case, you agree to cooperate with the Company in defense of such matter.
A Force Majeure Event includes without limitation each of the following:
- Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity, economic or political crisis;
- Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic, pandemic or other natural disasters;
- Labor disputes and lock-out;
- Breakdown, failure or malfunction of any electronic, network and communication lines (not due to our fault);
- Any event, act, or circumstances not reasonably within our control and the effect of that event(s) is such that MavenCORE support is not in a position to take any reasonable action to cure the default.
Availability of Services
The Company operates and controls the Services from Kenya. The Company makes no representation that the Services are appropriate or available in other locations. The information provided on or through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone, so that the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
Venue and Governing Law
This Agreement and all aspects of the Services shall be governed by and construed in accordance with the internal laws of the Kenya (i.e., without regard to conflict of law’s provisions) regardless of your location.
Waiver and Severability
The failure of the Company to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. In fact, the Company may choose to enforce certain portions of this Agreement more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with all this Agreement as so interpreted.
You and the Company agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect.
- Section Headings;
- Verification Documentation;
- Waiver of Execution Defenses.
The section headings used herein are for convenience only and shall not be given any legal import. Upon the Company’s request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Prohibition of Assignment
You may not assign this Agreement without the Company’s prior written consent.
Entire Agreement. This Agreement contains the entire understanding of you and the Company, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Services by the Company. 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.
Statute of Limitations. You and the Company both agree that regardless of any statute or law to the contrary but only to the extent permissible by law in each relevant jurisdiction, any claim or cause of action arising out of or related to use of the Services, this Agreement or our Privacy & Cookies Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries. This Agreement is between you and the Company. No user has any rights to force the Company to enforce any rights it may have against any you or any other user, except to the extent that Fundseekers may enforce their own intellectual property rights related to Content offered through the Services.
“Community Rules”: Participants in the MavenCORE community will not, in connection with the Services:
defame, libel, disparage, threaten, harass or intimidate anyone, including by the use of offensive comments related to race, national origin, gender, sexual preference or physical handicap;
use any profane, obscene, pornographic or otherwise objectionable content or language;
promote or describe how to perform violence, illegal drug or substance abuse, or any other illegal activity;
violate the personal, privacy, contractual, intellectual property or other rights of any person;
reveal, with respect to personal or privacy rights, any personal information about another individual, including an address, phone number, email address, credit card number or other information that could be used to track, contact or impersonate that individual;
violate this Agreement or any local law, rule or regulation;
trick, defraud, deceive or mislead the Company or other users, such as by submitting false reports of abuse or misconduct to the Company’s support Services, disguising the source of materials or other information you submit to the Services or using tools which anonymize your Internet protocol address to access the Services;
interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Services of other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
disparage, tarnish or otherwise harm, in the Company’s opinion, the Company and/or the Services;
upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as viruses, worms, Trojan horses, spyware, adware or any other malicious or invasive code or program;
reverse engineer, decompile, reverse assemble, modify or attempt to discover or copy any platform, source code or structure that the Services utilize to generate web pages or any platform or other products or processes accessible through the Services;
access or search (or attempt to access or search) the Services by any means, such as any automated system or unauthorized script or platform, other than currently available, published interfaces provide by MavenCORE, unless you have been specifically allowed to do so in a separate Agreement with MavenCORE (note crawling the Services is permissible in accordance with this Agreement, but scraping the Services is expressly prohibited without the prior consent of MavenCORE);
remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Services or any website on which the Services are offered or on a third party website and/or Company platform on which Company code is embeddable or embedded on;
remove, obscure or change any notice, banner, advertisement or other branding on the Services;
submit any Content or material that falsely expresses or implies that such Content or material is sponsored or endorsed by the Company;
interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, such as probing or scanning the vulnerability of any system, network or breach; or
sell access to the Services or any part thereof other than through a mechanism approved by the Company.
“Content” means any information, text, graphics or other materials uploaded, downloaded or otherwise appearing on the Services. You retain ownership of all Content you submit, post, display or otherwise make available on the Services.
“Private Information” means, all information acquired by, through or in connection with your use of the Services or the Site that might identify you.
The Company is an entity offering the transmission, routing or providing of connections for digital online communications, between or among points specified by a user of material of the user’s choosing, without modification of the content of the material sent or received, as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the Site located at https://mavencore.net and any linked pages or applications owned and operated by the Company.
If you have questions about this Agreement, please contact us.