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01 June 2022
The Platform and the Service are managed and maintained by Minebase(“MB”). The terms “we” / “us” / “our” also refer to MB. The term “you” refers to the person visiting the Platform.
Please read these Terms carefully. They contain important information about your legal rights, including limitations of liability for MB and certain third parties, disclaimers of warranties, and a submission to jurisdiction. Each time you access the Service by any means (e.g., via the Internet or a mobile device), you irrevocably agree to abide by and accept the version of the Terms posted on the Platform at the time you access the Platform. You may not use the Platform or the Service if you disagree with these Terms.
To access or use the Service, you must be at least the age of majority in your respective jurisdiction. The Service is for your personal, non-commercial use only, unless you sign a separate agreement with us for commercial use. You may not use the Service if we have terminated any account of yours or prohibited you from using the Platform or the Service.
You must have an account with Minebase (“Account”) to use the Service. When you create an Account, you represent and warrant that you are at least the age of majority in your respective jurisdiction, you are capable of entering into and performing legally binding contracts under applicable law, and that all the information you provide is accurate, current, truthful and complete.
You are solely responsible for all activities that occur under your account. We are in no way responsible if your password and/or account are misused by third parties. You, therefore, agree to keep your password secure and your account information up-to-date at all times.
Except as expressly permitted by Minebase and subject to the Terms and such additional terms and conditions as Minebase solely and absolutely determines, you may not establish multiple accounts. You may not loan, transfer or sell your account or account information to any third party, and you may not use another user’s account without their written permission.
Minebase may occasionally contact you via the email address you provided when registering your account. You will not have the option to opt-out of such communications, and you are responsible for ensuring that your email address is current. If you miss any communications due to an inaccurate, outdated, or incomplete email address, Minebase will not be liable for any loss or damage caused by you missing the communication.
MBASE token creation
The service MB offers is the creation of new MBASE tokens. For this purpose, an algorithm with a smart contract was created to set the MBASE token price. The pricing is available on the website www.minebase.com. MB uses the wallet addresses from Etherscan, the Top 20 Decentralized Exchanges, and the Bitcoin network. MB provides these wallet addresses to the user to create the MBASE token. All fees resulting from these addresses will be credited to you until you have created the MBASE token. The wallet addresses provided will change every 72 hours if you have met the requirements set by MB. You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by MB, its third-party providers, and other respective owners if any. You may also store your own Wallet address with MB at any time. You must verify this Wallet address with MB. Only after verification, you will receive credits on your own Wallet address. All information on this is available on the website www.minebase.com, whitepaper, or www.minebase.com/faq/de. The procedures described there are considered part of this contract.
CTP (Creative Token Production)
Through its Service, MB provides content that is copyrighted and/or trademarked works of MB or of MB Third-Party Providers (collectively, “Content”). For clarity, the term “Content” includes all Content you access at any given time. The CTP System is an in-house developed system to create MBASE Tokens. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by MB and such third parties, using methods and standards of judgment developed and applied at a significant cost in time, effort and expense, and constitutes the valuable intellectual property of MB and such third parties. Accordingly, you shall protect the proprietary rights of MB and all others having rights in the Service during and after the term of these Terms and comply with all written requests by MB to protect its contractual, statutory, and common law rights in the Service.
Subject to these Terms and your compliance with them, MB hereby grants to you a limited, personal, non-exclusive, and non-transferable feature offered by MB to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or the Content for any commercial purpose. Other than the tools provided by MB, you have no other rights in the Service or Content, and may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works from, index, reverse engineer, modify, enhance, grant access to, or in any way exploit the Service or Content.
If you violate any of these conditions, the contract will automatically terminate.
You agree that you do not:
(a) copy, modify, or create derivative works of the Service or Content;
(b) copy, manipulate, or aggregate any content (including data) to make it available to third parties;
(c) sell, rent, loan, lease or license any Content or access to the Service, whether for commercial purposes or gratuitously;
(c) use or introduce into the Service any data mining, crawling, “scraping,” robots, or similar automated or data collection or extraction methods, or manually access, collect, monitor, or copy any portion of the Service, or download or store any Content (except as expressly authorized by MB). (d) certain data and other information within the Service is available by subscription or for a fee at https://Minebase.com/
(e) make excessive requests for information or take any action that interferes with, disrupts, or unduly burdens the Service or any server or network connected to the Service, or adversely affects the quality or availability of any Content or the speed or functionality of the Service;
(f) introduce a Trojan horse, virus, worm, time bomb, or other malicious software into the Service or Platform, or use any device, software, or routine to circumvent any software or hardware that prohibits bulk requests for information;
(g) violate, circumvent or evade any security measures intended to restrict or prevent access to the Platform, Content, or Service; or otherwise attempt to gain unauthorized access to the Service, Content, or computer systems or networks connected to the Service or any MB Server, whether through hacking, password mining, unauthorized use of another’s password/access credentials, or otherwise;
(h) restrict, impede or interfere with any other user’s use of the Service (including by hacking or defacing the Platform);
(i) introduce or otherwise distribute computer programs through the Platform that damage, interfere with, intercept, collect, release or disclose any systems, data, or personal information of us or any third party;
(j) use our trademarks, service marks, trade names or logos or those of any third party displayed on the Platform;
(k) change or remove any copyright or other proprietary notices in the Content;
(l) use the Site, Content, or Service for or in connection with any activity that (i) violates any applicable law, statute, regulation, or ordinance, including but not limited to the Office Ministry of Finance of the Singapore Ministry of Finance, or (ii) involves proceeds of any unlawful or illegal activity.
In addition, you acknowledge and agree that you (and not MB) are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software, and services necessary for you to access and use the Service, and for paying all fees associated therewith.
Property rights and intellectual property
Subject to these Terms, you may view, print, and make copies of Content for your personal use. You may not copy, reproduce, download, store, transmit, broadcast, publish, modify, create derivative works from, display, perform, distribute, retransmit, sell, license, rent, lease, or otherwise use, transfer (whether in print, electronic or another format) or exploit any Content, in whole or in part, in any
manner not following these Terms without our prior written permission. To request permission to use any Content not expressly permitted in these Terms, please contact
As between MB and you, all Content is owned or controlled by MB. MB, the MB logo, and, unless otherwise noted below, any other product or service names or slogans displayed on the Service are registered and/or common law trademarks of MB or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MB or the applicable trademark owner. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, is a service mark, trademark, and/or trade dress of MB and may not be copied, imitated, or used, in whole or in part, without MB’s prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Mention of any product, service, process, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by MB.
These Terms do not grant you any intellectual property rights in MB’s or any third party’s intellectual property.
Use or misuse of MB’s trademarks or other intellectual property rights is prohibited, except as expressly permitted by these Terms. You are required to notify MB immediately at legal@Minebase.com if you know or suspect that any of MB’s or its suppliers’ intellectual property rights have been infringed.
“Minebase” and all related logos, trademarks, service marks, and trade names are the sole property of MB. The absence of a name, logo, or other trademark does not constitute a waiver of any intellectual property rights established by MB. Other trademarks, names, or logos used on the Site are the property of their respective owners. You are not authorized to use them.
You acknowledge that MB and/or its Providers own the copyrights in all Content under applicable laws (including copyright laws and other intellectual property laws) and have reserved all rights in such Content.
Linking to the service from your website
You may place one or more links to the Service (collectively, the “Link”) on your own website (“Your Website”), provided that:
(a) the link may only contain the following text: “Minebase” or “Minebase.com” or “Link to Minebase.com”;
(b) your website must not contain content that is unlawful, threatening, abusive, libelous, defamatory, or otherwise inappropriate as determined by us in our sole and absolute discretion;
(c) the appearance of any content accompanying the Link or located on the same page as the Link (e.g., the entire article in which the Link appears, even if not located on the same page as the Link) shall not be of a nature that could damage or dilute the goodwill associated with MB’s
name, reputation or trademarks, trade names or service marks, as determined by MB in its sole and absolute discretion;
(d) Content on your Site must not contain any information that, in our sole and absolute discretion, could create the false impression that you, your Site, or any other website, service, person, or entity is affiliated with, sponsored by, or otherwise endorsed by MB, or that any activity conducted by you or any other person is authorized by MB.
We may revoke our consent to a link at any time in our sole and absolute discretion and without prior notice. If we notify you that you may no longer link to the Service or any page or document, you must immediately (and in any event within three (3) calendar days from the date of our notice) remove any affected links from your site.
Community-generated content; granting rights to Minebase.
Subject to the provisions of these Terms, the Service allows you to post and share text, images, videos, predictions, or other materials. You are solely responsible for the content you provide, including but not limited to its legal compliance with applicable laws, rules, and regulations.
You acknowledge and agree that by using the Service, you may be exposed to Content that is harmful, disrespectful, irritating, offensive, inaccurate, misleading, or inappropriate in any way. The person or party (and not Minebase) is solely responsible for all Community Generated Content posted by that person or party on the Platform. Minebase cannot pre-screen or moderate all Community Generated Content and is not liable for any such Content. Without limiting the foregoing, Minebase reserves the right, in its sole and absolute discretion, to remove any Community Generated Content without liability or obligation to offer a refund if any of the following occurs:
(a) if the content created by the community violates these terms and/or the community rules;
(b) if we have received a complaint or notice of infringement regarding the content created by the community;
(c) if the content created by the community is otherwise objectionable.
Any content created by the Community shall not be considered financial advice, and you understand and agree that you alone bear the risks of using the information from such content.
Before posting any content created by the Community, you acknowledge and agree that you own or have a license to the intellectual property rights in that content. If you know or suspect that other content created by the Community has infringed your intellectual property rights, please notify us at legal@Minebase.com.
When you send or transmit communications to MB, including but not limited to feedback, questions, comments, or suggestions (collectively, “Feedback”), all such Feedback will be considered and treated as non-confidential and non-proprietary. All Feedback shall be submitted solely through the Platform. You hereby assign to MB, and MB shall be free to use without compensation to you, all right, title, and interest in and to any ideas, concepts, know-how or techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to improving the Service or developing, manufacturing, licensing, marketing and selling products and services based on or incorporating such Feedback. You also understand and agree that MB is under no obligation to incorporate, accept, use, display, reproduce or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction or distribution. MB may use aggregate and statistical data from your use of the Platform.
Disclaimers and Limitation of Liability MBASE Token
THE CONTENTS OF THE SERVICE AND THE PLATFORM ARE SOLELY FOR THE CREATION OF THE MBASE TOKEN: ANY USER MAY USE THE SERVICE FOR THE CREATION OF THE MBASE TOKEN: ALL INFORMATION ON THE PROCEDURE IS DESCRIBED IN THE SMART CONTRACT. MB ASSUMES NO LIABILITY ON THE FUNCTION OF THE SMARTCONTRACT: THE OFFER IS LIMITED TO THE CREATION OF THE MBASE TOKEN ONLY, AND MB DOES NOT CONSTITUTE OR SHALL BE CONSTRUED AS A RECOMMENDATION OF ANY SECURITY OR FINANCIAL INSTRUMENT OR INVESTMENT ADVICE (E.G., A RECOMMENDATION TO BUY ANY CURRENCY, SECURITY OR INSTRUMENT) BY MB OR A RECOMMENDATION OF AN INVESTMENT STRATEGY BY MB.E.G., A RECOMMENDATION TO PURCHASE ANY CURRENCY, SECURITY OR INSTRUMENT) CONSTITUTES OR SHALL BE CONSTRUED AS A RECOMMENDATION BY MB OR THE RECOMMENDATION OF AN INVESTMENT STRATEGY BY MB. THE CONTENT OF THE SERVICE SHOULD NOT BE CONSIDERED INFORMATION SUFFICIENT TO FORM THE BASIS OF AN INVESTMENT STRATEGY. NO CONTENT OF THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY, OR GROUP OF INDIVIDUALS. MB EXPRESSES NO OPINION AS TO THE FUTURE OR ANTICIPATED VALUE OF ANY CURRENCY, SECURITY, OR MBASE TOKEN. MB DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND AN INVESTMENT STRATEGY OF ANY KIND. THE CONTENT OF THE SERVICE MAY NOT BE USED AS THE BASIS FOR A FINANCIAL PRODUCT OR ANY OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF MB.
THE SERVICE PROVIDED BY MB IS PROVIDED BY A SMART CONTRACT, ON A “BEST EFFORTS” BASIS: MB DOES NOT WARRANT THE ACCURACY,
COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY, OR INTEGRITY OF THE CONTENT AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OTHER INACCURACIES CONCERNING THE SMART CONTRACT OR THE CONTENT. MB MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, NOR THAT THE SMART CONTRACT OR THE CONTENT WILL FUNCTION UNINTERRUPTED OR IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM, OR OTHER DATA OR INFORMATION. THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. MB DISCLAIMS ALL WARRANTIES AND CONDITIONS ON THE FACT THAT THE SERVICE, ITS SERVERS, OR ANY E-MAIL OR ELECTRONIC MESSAGES SENT FROM MB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS CONCERNING THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, MB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
(I) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT;
(II) ANY PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED BY THIRD PARTIES TO OR THROUGH THE SERVICE;
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;
(VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL MB (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, DAMAGES, LOSSES, OR COSTS ABOVE THE AMOUNT OF $50.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS OUTLINED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY STATED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY UNDER THESE TERMS AND CONDITIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Except to the extent prohibited by applicable law, you will indemnify, defend and hold MB and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors and assigns harmless from and against any and all third party actions, proceedings and claims (threatened or actual) and all losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of, related to or in connection with:
(a) your use (or misuse) of and access to the Service or Content;
(b) your violation of any of these Terms;
(c) your violation of any applicable law, rule, or regulation;
(d) any allegation that any information you have provided to MB in connection with the Platform, including the Content, has caused harm, injury, misappropriation, or otherwise violated the rights of a third party, including infringement, misappropriation, or other violation of any third-party intellectual property rights or violation of any privacy or publicity rights;
(e) any dispute you may have with a third party relating to or in connection with the Service or Content.
MB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MB in asserting any available defenses and in conducting any such defense.
The Service may contain links to third-party websites. Your use of any links to third-party websites is at your own risk. We do not monitor or control third-party websites and make no claims or representations regarding such websites. To the extent such links are provided by us, they are provided for convenience only, and a link to a third-party website does not imply that we endorse, adopt, support, or are affiliated with such websites.
When you leave the Platform, whether through a link contained on the Platform, or by using your web browser, mobile device, or another navigation tool, the information you view is not provided by us. Our terms and policies do not apply to your use of third-party websites. We are not responsible for, have no control over, and do not monitor or review the content of other websites. A link to a third-party website does not mean that MB sponsors, approves, associates with, or endorses the linked third-party website or that third party’s products or services.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MB BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, FOR ANY DEALINGS OR COMMUNICATIONS YOU HAVE WITH ANY THIRD-PARTY PROVIDER, OR FOR ANY DAMAGES, LOSSES OR DAMAGES ALLEGED TO BE, CAUSED BY OR IN CONNECTION WITH THE FOREGOING OR YOUR USE OF ANY THIRD-PARTY PROVIDER’S MATERIALS, OR CONTENT, OR BUSINESS PRACTICES.
MB may, at any time and in its sole and absolute discretion, modify, suspend or discontinue (in whole or partially) the Service and/or Content without notice and for any reason. We will not be liable to you or any third party for any such modification, suspension, or discontinuance.
Changes to these conditions
We may occasionally revise these Terms without notice. Once we post those changes on the Service, you will be bound by any changes to these Terms. You should frequently review these Terms to ensure that you are familiar with the most current Terms.
The remedies available to MB in these Terms are cumulative and in addition to any others available to MB. MB shall have the right to seek all remedies available at law and in equity for violations of these Terms. MB may suspend, terminate or block your access to the Service (as a whole or in part) for any breach or suspected breach, in its sole discretion, without notice to you. Your breach of these Terms will be considered a breach of this Agreement.
We reserve the right but do not assume any obligation to investigate any suspected violation of these Terms or any misuse of the Service. In addition, we reserve the right to report any activity, data, or person and otherwise cooperate with:
(a) law enforcement authorities;
(b) financial regulators, including the U.S. Securities and Exchange Commission (SEC) and the Monetary Authority of Singapore;
(c) system administrators at Internet service providers, networks, or computer facilities;
(d) providers and/or third-party vendors if we suspect you have violated these Terms, or any law, rule, or regulation.
You acknowledge that such reporting or cooperation may include, without limitation, the disclosure of information about you and/or your use of the Service, including your email address, IP address, or other identifying information, to law enforcement agencies, financial regulators, third-party providers, vendors or system administrators. In addition, we may disclose any information we deem necessary to comply with any applicable law, regulation, subpoena, or another legal process, governmental or regulatory request, governing law; or submission to jurisdiction.
Our service and management company is MIBA Service PTE LTD Level 30, 1 North Bridge Road, Singapore 179094. These Terms and any claim, dispute, or other legal proceedings between you and us, including but not limited to claims or disputes in any way related to or arising out of these Terms or your use of or access to the Service, shall be governed by and construed under Singapore common law, without regard to principles of conflicts of laws. You agree that any action arising out of, relating to, or in connection with the Service and/or these Terms shall be brought exclusively in a court of competent jurisdiction in Singapore, and you further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue.
You acknowledge that a breach of any of the “Prohibited Activities” or “Property and Intellectual Property” sections above would cause MB immediate and irreparable harm, for which monetary damages would be inadequate, and that, in addition to any other remedies available to MB at law or in equity, MB shall be entitled to seek injunctive relief in the event of such breach, or threatened breach, without having to prove damages or post bond or other security.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and MB and/or its affiliates as a result of these Terms or use of the Service.
In no event shall MB be responsible or liable for any failure or delay in performing its obligations under these Terms due directly or indirectly to forces beyond its control, including but not limited to strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural disasters or acts of God, or interruption, loss or malfunction of utilities, communications or computer services (software and hardware).
Our performance under these Terms is subject to existing laws and legal processes, and nothing in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Service or information provided to or gathered by us concerning such use. To the extent permitted by applicable law, you agree that you will assert any claim or cause of action arising out of or related to your access to or use of this Service within two (2) years from the date such claim or cause of action arose or accrued, otherwise, such claim or cause of action is irrevocably waived.
These Terms and all rights granted herein may not be transferred or assigned by you but may be assigned by MB without restriction. Any attempted transfer or assignment by you in violation of these Terms will be null and void.
If any provision of these Terms, including but not limited to the warranty disclaimers and limitations of liability outlined above, is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions of these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, accomplish the business purpose and intent of such invalid and unenforceable provisions.
In addition to and without limiting the foregoing, some jurisdictions may provide rights that go beyond those outlined in the “Disclaimers and Limitations of Liability” section above, or may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations outlined in the “Disclaimers and Limitations of Liability” section above may not apply to you, in whole or in part, or there may be state or country-specific provisions that override these limitations, in whole or in part. Any provision of the above disclaimer and limitation of liability section that is held invalid shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.
Headings or section headings are for convenience only and shall not affect the meaning or interpretation of these Terms. The term “including” shall be deemed to include the phrase “without limitation” immediately.
Except as otherwise expressly provided in these Terms, a person who is not a party to these Terms shall have no right at law or in equity to enforce or avail themselves of any provision of these Terms.