Welcome to the Pecu Novus Blockchain Network , as of March 16, 2022 MegaHoot, LLC “MegaHoot” has been charged with the continued development, innovation and maintenance of the network, the Pecu Novus Blockchain Network services, development and maintenance are herein referred to as (“Pecu Novus,” “we,” “us,” or “our”) , These Terms of Service (“Terms”) govern your access to and use of the Pecu Novus website(s), Our Terminals, our APIs, mobile app (the “App”), and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to purchase, sell, exchange or transfer Pecu Coins on a peer to peer basis; view, explore, purchase and create Non-Fungible Tokens “NFT” on the Network and use our tools, at your own discretion, to connect directly with others on a peer to peer basis to purchase, sell, or transfer NFTs that are minted on the Pecu Novus Blockchain (collectively, the “Service”). “
For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
The Network provides its Service to the User, subject to the following Terms of Service , which may be updated by us in our sole discretion from time to time without prior notice. the User agrees that the User’s continued use of the Service (as defined below) after such update will constitute the User’s acceptance of an agreement to be bound by the updated Terms. In addition, when using particular Pecu Novus services, shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. Pecu Novus also may offer other services from time to time that are governed by different Terms of Services. These Terms do not apply to such other services unless specified in the Terms of Service Agreement of such services.
Description of Service
The Pecu Novus Blockchain Network currently provides users with access to decentralized online resources, including, various peer to peer tools, blockchain related and enabled tools, online forums, digital asset transfer services, NFT & token creation and transfer tools, digital asset depository services, layer-2 blockchain networks, personalized content (the “Service”), the Pecu Terminal and Pecu digital wallet. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, shall be subjected to the Terms. The User understands and agrees that the Service is provided on “As-Is Basis” and that Pecu Novus assumes no responsibility for the timeliness, digital asset, currency, deletion, NFT creation, undelivered or failure to store any user communications, digital assets or personalization settings.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal, international and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
Pecu Novus may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Pecu Novus, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Pecu Novus. If you do not provide complete and accurate information in response to such a request, Pecu Novus may refuse to restore your access to the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Pecu Novus, in its sole discretion, may elect to take.
Pecu Novus has an age policy in which, no user may be under the age of majority depending on jurisdiction of the potential User. In order to use the Service, The User must obtain access to the Internet, either directly or through devices that access web-based content. The User acknowledges that Pecu Novus is not responsible or liable in any way for the User’s access to the Internet. In addition, The User must provide all equipment necessary to make such connection to the Internet, including a computer and modem, mobile phone or other access device. The User acknowledges that the User is solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by the User for obtaining access to the Service.
The User Registration Obligations
In consideration of the Service being made available to The User, The User agrees to sign up for a free Pecu Novus Account and provide: (a) true, accurate, current and complete information about The User as prompted by the Service’s registration form (such information being the “Registration Data”) , be at the age of majority depending on The User’s location/jurisdiction and (c) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If The User provides any information that is untrue, inaccurate, not current or incomplete, or Pecu Novus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pecu Novus has the right to suspend or terminate the User’s account and refuse any and all current or future use of the Service (or any portion thereof).
The User understands and acknowledges that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that the User and not Pecu Novus are entirely responsible for all Content that the User uploads, posts, or otherwise transmits via the Service. Pecu Novus cannot and does not control or monitor the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. The User understands and acknowledges that by using the Service, The User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pecu Novus be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. The User agrees to not use the Service to:
Use the Service to upload, post, email or otherwise make available or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
Use the Service for money laundering, terrorist financing, or other illicit finance;
Use the Service to create, sell, or buy NFTs or other digital assets that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
impersonate, or falsely state or otherwise misrepresent the User’s affiliation with, any person or entity;
Use the Service to create or display NFTs or other digital assets that promote suicide or self-harm, incites hate or violence against others, or doxing another individual;
Use the Service to create or display illegal content, such as content that may involve child sexual exploitation;
Forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
Use the Service to upload, post, email or otherwise make available or transmit any Content that the User do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Use the Service to upload, post, email or otherwise make available or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
Use the Service to upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or another person’s use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable law, statute, regulation, rule or code, including, but not limited to, any regulations or rules of any regulatory body, governmental agency or national or other securities exchange; or collect or store personal data about any other user.
The User acknowledges that Pecu Novus cannot and does not pre-screen Content. The User agrees that The User must and will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The User understand that the technical processing and transmission of the Service, including The User Content, may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices.
Our Service may allow users to post Not Safe for Work “NSFW” content, but such content and other associated material will be subject to being marked as NSFW and may be handled differently than other content in navigation menus and search results.
By using the Pecu Novus Network and Pecu Novus Terminals, you understand the importance of Doing Your Own Research “DYOR”. It is your full and sole responsibility to insure the verification of the authenticity, legitimacy, identity, and other details of any digital asset, NFT or NFT Series or collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any digital asset, NFT or NFT Series or collection, or account on the Service.
Ownership
The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Pecu Novus logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Pecu Novus or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
Pecu Novus’ name, logo, trademarks, and any Pecu Novus product or service names, designs, logos, and slogans are the intellectual property of Pecu Novus or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Pecu Novus” or any other name, trademark or product or service name of Pecu Novus or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Pecu Novus and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Pecu Novus.
We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Pecu Novus may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Pecu Novus any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
Pecu Novus Privacy Policy
Registration Data and certain other information about the User are subject to our Privacy Policy which is incorporated by reference into and made a part of the Terms. By giving the Registration Data and certain other information about the User to Pecu Novus, The User agrees and acknowledges that Pecu Novus may release such information to third parties if needed to and that the User gives consent to such disclosure. Please refer to our Privacy Policy at www.pecunovus.net/privacy_policy.
License to Access and Use Our Service and Content
You are hereby granted a limited, nonexclusive, nontransferable, non-sub-licensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sub-licensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any digital assets is solely as set forth by the applicable owner of such digital assets.
User Account, Private Key, Password and Security
The User will create a password and account designation upon completing the Service’s registration process. All information provided must be accurate and is required for account verification purposes. The User’s account cannot be transferred. The User is responsible for maintaining the confidentiality of their password, private key and account, and is fully responsible for all activities that occur within their account. The User agree to (a) immediately notify Pecu Novus of any unauthorized use of The User password, private key or account or any other breach of security, and (b) ensures that the User fully exits from the User account at the end of each session. Pecu Novus cannot and will not be liable for any loss or damage.
Each user has a randomly created one of a kind Private Digital Key (“Private Key”) that represents their Pecu digital wallet and its contents; this Private Key when issued becomes the responsibility of the user to keep secure. We cannot retrieve any Private Keys, the only person or entity that has access to that Private Key is you. It is advised that users download their Private Key and keep it in a secure location on their device or offline as it cannot be retrieved once lost. Pecu Novus will never ask for this Private Key for any reason whatsoever. The Private Key is required for access to your decentralized Pecu Novus Digital Wallet.
As of February 15, 2022, Pecu Novus users will be required to download their decentralized digital wallet (mobile or desktop app) from the pecunovus.net to access their Pecu Novus Terminal. Access to the Pecu Novus Terminal will require the scanning of a QR code with their decentralized Pecu Novus digital wallet from the Pecu Novus Terminal to gain access, passwords will no longer be utilized for access.
Special Admonitions for International Use
Recognizing the global nature of the Internet, The User agrees to comply with all applicable laws, statutes, regulations, rules and codes in The User’s country of origin.
Indemnity
The User agrees to indemnify and hold Pecu Novus, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content the User submits, post to, transmits or make available through the Service, The User’s use of the Service, the User’s connection to the Service, the User’s violation of the Terms, the User’s violation of any rights of any other person, or the User’s breach of any applicable law.
No Resale of Service
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use and Storage
The User acknowledges that Pecu Novus may in its sole discretion establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service may be used. The User further acknowledge that Pecu Novus reserves the right to modify these general practices and limits at any time, in its sole discretion, with or without notice, and The User agrees that the User’s continued use of the Service after such modification will constitute the User’s acceptance of an agreement to be bound by the modified general practices and limits.
Modifications to Service
Pecu Novus 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. The User agree that Pecu Novus shall not be liable in any way to the User or to any third party for any modification, suspension or discontinuance of the Service.
Termination and Transfer
The User agrees that Pecu Novus in its sole discretion, may suspend or terminate The User’s password, account (or any part thereof) or use of the Service, in its sole opinion believes that The User have violated or acted inconsistently with the letter or spirit of the Terms. The User agrees that Pecu Novus may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The User also agrees that any termination of The User’s access to the Service under any provision of the Terms may be effected without prior notice and acknowledge and agree that Pecu Novus may in its sole discretion immediately deactivate or delete The User’s account.
Intellectual Property Rights
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Pecu Novus the license described above, and that the content does not violate any laws.
Pecu Novus will take immediate action to remove digital assets n response to a legitimate Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a User’s access to the Service if the user is determined to be a repeat offender. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please contact us at [email protected].
For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to legally act on behalf of the rightsholder. Please make sure to include the following with your correspondence:
Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
Identification of the allegedly infringing material that is requested to be removed, including a description of the specific url location on the Service of the material claimed to be infringing, so that we may locate the material;
Your contact information, your full legal name and email address;
A declaration that contains all of the following:
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
A statement that the information in the notice is accurate; and
A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
Your physical or electronic signature with your full legal name (print and signed).
Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on Pecu Novus and can also contact you to resolve any dispute.
Dealings with Third Parties
The User’s correspondence or business dealings with other parties using the Service, including payment and delivery of related goods or services, content and any other terms, conditions, warranties or representations associated with such dealings, are solely between The User and such other party. The User agrees that Pecu Novus shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with such other parties, as the result of the presence of such other parties on the Service, or as the result of the use of the Service in any way by such other parties.
Links
The Service may provide, or third parties may provide, links to other Internet sites or resources. The User acknowledges and agrees that Pecu Novus has no control over such sites and resources, and that Pecu Novus is therefore not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The User further acknowledges and agrees that Pecu Novus shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Pecu Novus’ Proprietary Rights
The User acknowledges and agrees that the Service and any necessary software/system used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The User further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized, The User agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content, in whole or in part.
Disclaimer of Warranties
The User expressly understands and agrees that:
The User’s use of the service is at The User’s sole risk. The service is provided on an “as is” and “as available” basis. Pecu Novus expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement (other than any warranty the exclusion of which is not lawful).
Pecu Novus makes no warranty that (i) the service will meet The User’s requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by The User through the Service will meet The User’s expectations, and (v) any errors in the software/system will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at The User’s own discretion and risk and that The User will be solely responsible for any damage to The User’s computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by the User from Pecu Novus or through or from the Service shall create any warranty not expressly stated in the Terms (save for any fraudulent misrepresentation by PECUNOVUS).
Pecu Novus shall be under no obligation to give, purchase, sell or to broker the purchase or sale for a User of any Pecu Coins, NFT’s or other digital assets on the Network. That is at the sole discretion of the User, the Pecu Novus Peer2Peer TradeStation offers Users the ability to offer to buy or sell Pecu Coins on a peer to peer basis solely.
NFT’s created on the Pecu Novus Network must remain on the Network and are only allowed to be sold on the FortisAB Marketplace.
NFT’s that represent artwork shall carry a standard 5% initial sale fee which Pecu Novus receives and a 10% recurring sale royalty for the life of the NFT and artwork, with a split of 9.5% for the creator and .5% for Pecu Novus. There are no NFT “Gas Fee’s” aka transaction fees to mint an NFT on the Network, fee’s are derived solely from the sale of the NFTs.
Users creating NFT’s understand that the privilege is given to Users on a case by case basis, it is not standard practice to randomly allow a User that is not vetted as authentic User with ownership rights to create an NFT on the Service. Pecu Novus has a vetting system that insures the integrity and security of the Service to prevent fraud.
Transactions on Pecu Novus are irreversible and Pecu Novus does not have the ability to reverse any transaction on the Service. We advise utilizing the Pecu Novus Escrow System when transferring Pecu Coins or NFT’s to another party until the buyers obligations are met to protect against fraud.
Pecu Novus reserves the right to hide NFT Series’ or collections, contracts, and digital assets affected by disputes, violation of the Terms, blockchain issues or by other issues. Items you purchase may become inaccessible on Pecu Novus. Under no circumstances shall the inability to view items on Pecu Novus or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on the blockchain serve as grounds for a claim against Pecu Novus. We make all reasonable efforts to prevent such issues.
The value of an NFTs is subjective. Prices and valuations of NFTs are subject to extreme volatility and fluctuations, the price of Pecu Coins and the cryptocurrency market can also materially and adversely affect NFT prices and valuations. You acknowledge that you fully understand this subjectivity and volatility of the NFT market and the extreme volatility may cause you to lose money. The prices and valuations of the associated artwork of singular NFT’s and not collections could be deemed to be more stable as it represents the actual physical artwork and any associated rights agreed upon between the buyer and creator, which represents additional value.
A lack of use or public interest in the creation and development of the NFT Service could negatively impact the continued innovation of the NFT Service and related applications, and could therefore also negatively impact the potential utility of NFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
You are solely responsible for determining what, if any, taxes apply to your transactions. Pecu Novus is not responsible for determining the taxes that apply to your digital assets, whether they are Pecu Coins, NFTs or other digital assets on the Network.
Exclusion of Liability
The User expressly understand and agree that Pecu Novus shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pecu Novus has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of the User’s transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Survival
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Pecu Novus or you. Termination will not limit any of Pecu Novus’ other rights or remedies at law or in equity.
Disclaimers and Exclusions
The User acknowledges that the disclaimers and exclusions of liability represents a fair and reasonable allocation of the risks and benefits of the agreement between Pecu Novus and the User, taking all relevant factors into consideration, including without limitation the value of the consideration provided by the User to Pecu Novus and the availability and costs of insurance with respect to the said risks. The User further agrees that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
Injunction Relief
You agree that a breach of these Terms could cause irreparable injury to Pecu Novus for which monetary damages would not be an adequate remedy and Pecu Novus shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
Notice
Notices to the User may be made via users’ registered email or via the Service’s designated messaging system. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices, to the User generally on the Service. The User agrees that such notices by email or via messaging, and such display of notices or links to notices to the User generally on the Service, will constitute sufficient and adequate notice to the User of the matters contained therein. All notices, requests and/or other communications from the User to Pecu Novus under the Terms shall be communicated via the designated messaging system.
General Information
The Terms constitute the entire agreement between the User and Pecu Novus and govern the User’s use of the Service, superseding any prior understandings and agreements between The User and Pecu Novus and any previous statements or representations from either party to the other party. The User also may be subjected to additional terms and conditions that may apply when The User use affiliate services, third-party content or third-party software. The Terms and the relationship between The User and Pecu Novus shall be governed by the laws of the United States of America without regard to its conflict of law provisions. The User and Pecu Novus agree to submit to the non-exclusive jurisdiction of the courts of the United States of America. The failure of Pecu Novus to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable and that the other provisions of the Terms shall remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within Thirty (30) days after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and Pecu Novus relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Pecu Novus, and Pecu Novus’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
By Checking the Box you understand and agree to these Terms of Service.
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