TERMS OF USE
1. Introduction
1.1. This agreement governs your relationship with NearMP company (hereinafter referred as “company”) and use of company's services available on https://nearmp.net (“website”) and company's domains included within this website provided to you by the company. You may use this website and/or the services only on the condition that you accept all of the terms and conditions contained herein. Please read these terms carefully before using this website and services. using this website and/or services indicate that you accept these terms. if you do not accept these terms (“terms of use”), do not use this website and/or services.
1.2. The Company can block access or restrict certain features of the Website for the User in relation to User’s place of residence or citizenship, or due to lack of certain KYC documents.
2.General terms and acceptance of this agreement
2.1. The Company Makes this Website including all information, graphics, documents, text, products and all other elements of the Website and all products and services offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document and any additional documents available at the Website. By accessing and using this Website, use of any Company’s Services available through this Website or clicking a checkmark at the “I agree with the Terms of Use and Privacy Policy” button and pressing “Next” button you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website and/or its Services.
3. Power and Authority
3.1. The User has all requisite capacity, power and authority to accept the terms and conditions of these Terms and to carry out and perform its obligations under these Terms. These Terms constitute the legal, valid and binding obligation of the User, enforceable against the User in accordance with its terms
4.Amendments
4.1. These Terms of Use may be amended by the Company upon notice given by one or more of the following means: through the Website at or after you login to your Account, by the email communication to the address provided by you when you setup your Account, or by written mail communication to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not release you from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. In addition, specific terms and conditions may apply to specific content, products, materials, Services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.
5. Definitions
Terms of Use - A set of protected pages created as a result of the User registration on the Website, using which the User can request Services, control fulfillment of Services etc.
Cloud Mining - A service provided by the Company, allowing users to participate in Mining without necessity to purchase and/or have its own Mining Equipment and/or without necessity to install any special software.
Cryptocurrency or virtualcurrency - Digital cryptographic representation of assets, represented by Ethereum (ETH), Bitcoin (BTC) and any other type of cryptocurrency.
Fees - Rewards paid to the Company by the Users. Amount of the fee is specified at the Website.
Fiat currency - A government-issued currency that is designated as legal tender in its country of emission on the legislative level.
Mining - A process of creation of new amounts of Cryptocurrencies through work of Mining equipment
Mining equipment - A special computer equipment owned by the Company or User as the case may be, designated for Mining
Mining Pool - Is an organized association of cryptocurrency miners. The members of these pools work together for the Mining. Cryptocurrencies created through mining in this case are subject to distribution among members of Mining Pool based on the contribution made to the Mining by each such member Parties» You (User) and the Company (We).
Website - A group of interrelated websites owned and operated by the Company, available in the Internet via address: https://nearmp.net
Services
a. Ensuring of User`s opportunity to participate in Mining Pools;
b. Provision of access to Cloud Mining;
c. Customer services;
d. Technical and management services ensuring the normal operation of the Company or Website;
e. Other services publicly announced by the Company. «User» An individual capable under personal law, a natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Website and has accepted the terms and conditions of the present Agreement with the Company. The Company reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users. «User Account Data» Personal Data necessary to access and use the Website. The list of collected personal data is available in Privacy Policy.
Withdrawal - A transaction involving a transfer of User`s funds from the User’s Account.
6. Context
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term 'including' does not exclude anything not listed;
g) A reference to a article or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to an article or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
i) A reference to writing or written includes fax and e-mail.
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement.The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the Seychelles and to the general rules of interpretation of such terms accepted in the Internet network.
7. Risks notifications
7.1. Cryptocurrency has special risks not generally shared with official currencies, goods, or Commodities in a market. Unlike most currencies that are backed by governments, other legal entities, or commodities such as gold or silver, Cryptocurrencies are a unique type of "fiat" currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis.
7.2. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global platform of currency firms and individuals. Holders of cryptocurrencies put their trust in a digital, decentralized, and partially anonymous platform that relies on peer-to-peer networking and cryptography to maintain its integrity.
7.3. Cryptocurrencies are often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the Website is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
7.4. Cryptocurrency, unlike bank accounts or accounts at some other financial institutions, are entirely uninsured.
7.5. Users acknowledge that there are risks associated with using the Website,participation in Mining including, but not limited to, the failure of hardware, software, and Internet connections. Users acknowledge that Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Website.
7.6. Cloud Mining reward may be held by the User in his digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private keys associated with such the User`s digital wallet or vault storing the Cloud Mining reward will result in loss of such Cloud Mining reward, access to User`cryptocurrency balance, and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private keys, including by gaining access to login credentials of a hosted wallet or vault service the User uses, may be able to misappropriate the Cloud Mining reward of theUser.
7.7. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Bitcoin, Ethereum networks and associated blockchain networks and different Cryptocurrencies could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of any Cryptocurrency, which could impede or limit their existence, permissibility of their use and possession, and their value.
7.8. The tax characterization of the Cryptocurrencies is uncertain. The User shall seek his own tax advice regarding its participation in Mining, which may result in adverse tax consequences for the User, including, without limitation, withholding taxes, transfer taxes, value added taxes, income taxes, and similar taxes, levies, duties or other charges and tax reporting requirements.
7.9. There may be additional risks that we have not foreseen or identified in our Terms of Use.
7.10. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying, selling, or trading Cryptocurrency.
7.11. Our banking providers DO NOT transfer, exchange, or provide any services in connection with cryptocurrencies.
8. Eligible users
8.1. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
a) You shall not create an account in connection with the Website (an “Account”), or request Services if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Website;
b) You shall use the Website and/or Services If you are a PEP or any member of a PEP’s family or any close associate of a PEP, only after the Company, being specifically notified in writing that the User is such a person, conducts further due diligence, and determines that You are eligible for use of the Website and/or Services;
c) You shall monitor your Account to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of Website by minors in connection with your Account. You are solely responsible for any use of your cryptocurrency wallet or other payment instrument by minors;
d) You shall not create an Account if you have already created one Account on the Website;
e) You shall not have an Account or use Services if you have previously been removed by the Company from the Website;
f) You shall not use Website if you are citizen or resident of: Afghanistan,Algeria, Bangladesh, Bolivia, Botswana, Bosnia & Herzegovina, Burundi, Cambodia,Central African Republic, Colombia,Cote d'Ivoire,Democratic Republic of Congo, Dominican Republic,Egypt,Ethiopia,Ghana,Guinea,Iran,Iraq, Kuwait, Lebanon,Lesotho,Liberia, Libya,Mali,Morocco,Nepal,North Korea, Oman, Qatar, Pakistan,Sierra Leone, Somalia, South Sudan, Sri Lanka, Sudan,Syria, Taiwan,Trinidad & Tobago, Tunisia, Venezuela, Vietnam, Yemen,Zimbabwe and countries or territories or individuals under the sanctions of the United Nations or the European Union (the list is available at:https://eeas.europa.eu/Websites/eeas/files/restrictive_measures-2017-08-04.pdf) or countries where cryptocurrency is prohibited;
g) You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
h) You shall not use your Account to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Website to assist any other party in such illegal activity; and you shall not use your Account to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Website’s or the platforms underlying code or technical mechanisms; cause damage to the Website or the Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website.
i) You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company’s written permission;
j) You shall not access or use an Account that has been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Company’s consent.
k) Notwithstanding the foregoing, the Company may refuse to provide Website or Services to any person for any reason or no reason whatsoever.
9. User account
9.1. The use of the Website may require You to create an Account (“Account”) on the Website. You warrant and represent that all information provided when creating such an Account is current, complete, and accurate. You agree to promptly notify the Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
9.2. The Company may close a dormant Account at any time with or without notifying User in case if there was no possible means to contact User.
10. Account closing
10.1. Unless stated otherwise by the applicable law, either the Company or User may initiate the closing of Account at any time, without explaining reasons for it.
10.2. Account shall be closed within 5 (five) business days following the receipt of a respective User’s notification. In case the Company has allegations that the User's account is involved in suspicious transactions, the Account shall be closed within 2 (two) calendar days.
10.3. Notwithstanding the closure of Account, User’s obligations under this Agreement will continue and all outstanding balances on Account will become payable at once. If Account is closed by the Company and if User still owes any money to the Company, Agreement shall continue to apply to User until the Company has received and acknowledged receipt of all monies due and payable to the Company.
10.4. In case Account is being closed by the Company or User has not stated any other account where the balance is to be transferred, the Company shall keep the balance without any interest being accrued on the same and subject to fees for keeping the balance. The balance shall be paid out at User’s request pursuant to Agreement and applicable fees. Before paying out the remaining balance, the Company shall identify the User.
10.5. The Company is entitled to close Account unilaterally in the following cases:
a) User has failed to comply with Terms of Use and/or fulfill its obligations before the Company;
b) User has submitted incorrect and/or false and/or misleading information/documents to the Company;
c) User has not accessed Account or executed any transactions for more than 6 continuous months or for other period of time determined by the Company at its absolute discretion and Account balance is zero or negative;
d) Signatory right of User’s representative has expired;
e) The Company receives information of User’s negative reputation or User shows disrespect to the Company.
f) The Company suspects that User or funds available on Account are related to the laundering of funds derived from criminal activities or terrorism, or funds available on Account are unlawful or operations are made in benefit of PEP.
g) Once Account is closed for any reason, all electronic services linked to Account will also be terminated automatically.
11. Mining process
11.1. The User requested and paid Cloud Mining service is entitled to participate in Cloud Mining on the terms specified in User`s request for Cloud Mining Services.To avoid any doubts, the commencement date of the Cloud Mining Services shall be the date of payment for such Services by the User.
11.2. The User acknowledges and agrees that the User does not obtain any proprietary rights in any Mining equipment used to ensure such Cloud Mining. The Company at its sole discretion is entitled to choose what Mining Equipment shall be used to ensure fulfillment of its obligation to provide Cloud Mining service. The Company solely bears all risks of Mining equipment failures in relation to Mining equipment used to ensure such Cloud Mining.
11.3. The User acknowledges that the Cloud Mining Service shall be rendered on a best effort basis. The availability of computational power and, accordingly, the output and results of any Cloud Mining service may vary up to 5%. Notwithstanding the aforementioned variance, the Company shall make reasonable efforts to ensure that all facilities and the relevant supplies for providing the Cloud Mining services are maintained in good working order to avoid any variance with the same diligence it applies in its own dealings.
11.4. After the User makes a deposit in mining, the User automatically reproduces the process of ‘Mining’ which does not require technical and physical effort and equipment from the User. The ‘Mining’ process mines blocks with profit on a daily basis.
The User acknowledges and agrees that the amounts in blocks depend on the following factors:
a) Deposit size.
b) The level of the account in the personal cabinet
11.5. As part of receiving the Cloud Mining service, the User will have access to the dashboard through which the User may administer accessible services, including изменять размер депозита. The dashboard also provides the User tools to direct transfer of digital assets to the User`s digital asset wallet.
12. No Consequential, Incidental or Punitive Damages.
12.1. Notwithstanding anything to the contrary contained in these Terms, the Company shall not be liable to any person, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to these Terms, whether or not the Company has been advised or knew of the possibility of such damages and regardless of the nature of the cause of action or theory asserted.
13. Unclaimed property
13.1. If for any reason the Company is holding funds in your Account on your behalf, and the Company is unable to return your funds to your designated external account after a period of inactivity equal to 12 (twelve) continuous months, then the Company may report and remit such funds in accordance with applicable unclaimed property laws.
14. Withdrawals
14.1. Users who have not completed the KYC procedure will not be allowed to make withdrawals in fiat currency. Transfer of funds in fiat currency will be allowed only after passing the KYC procedure.
14.2. The User will only be allowed to withdraw funds received as Cloud Mining rewards and referral programme bonuses (For more information on the referral programme, please refer to the Referral System section). If the User simultaneously transfers any of his own funds to his account on the Site, the Company may refuse to withdraw such funds from his account. In this case the User has the right to use these funds to purchase any Services of the Company.
14.3. The User understands and agrees that withdrawal of funds shall only be made after 90 days from the date of provision of cloud mining services.
14.4. User warrants that it withdraws funds to accounts under its control. The Company is not responsible for the consequences of such withdrawals.
15. Disclaimer of warranties
15.1. Unless otherwise agreed by us in writing, our website and/or services are provided on an “as is” and “as available” basis. We expressly disclaim and you disclaim all warranties of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to our website and/or services, including the information, content and materials contained therein.
15.2. You acknowledge that the information you store or transmit through the website may be irretrievably lost, damaged or temporarily unavailable for various reasons, including software failures, protocol changes by third party providers, Internet outages, force majeure or other calamities, including ddos attacks by third parties, scheduled or unscheduled maintenance or other causes within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transmit through the website.
15.3. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to certain users.
16. Legal Limitations on Disclaimers
16.1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these Terms shall apply to the fullest extent permitted by applicable law.
17. Officers, Directors, etc
17.1. All provisions of these Terms which disclaim or limit obligations or liabilities of the Company shall also apply, mutatis mutandis, to the officers, directors, members, employees, independent contractors, agents, stockholders, debtholders and affiliates of the Company.
18. Linking to site
18.1. Links to the Site are permitted provided that you comply with these rules. You may link to the home page of the Site or to any other page of this Site. However, you are not allowed to use inline links or framing. You must not imply that the Company endorses or sponsors a link to its Site, products or Services. You must not use the Company’s intellectual property, including but not limited to trademarks, trade name, copyrights without the Company’s permission. In addition, you agree to remove the link at any time upon our request.
19. Third party materials
19.1. In order to use this Site and/or the Services, you may be required to obtain and/or use certain third party products (e.g., the Device), services and/or materials (“Third Party Materials”). Third Party Materials (i) are not licensed under this Agreement; (ii) are not under the control or license of the Company; and (iii) in accordance with the applicable licenses and relevant terms of such third parties, which you must enter into prior to or upon installation and/or use of the Third Party Materials and prior to effectively using this Website and/or the Services. Notwithstanding anything to the contrary herein, nothing in these Terms of Use shall be construed as granting you any rights or licenses in or to such Third Party Materials or as granting you a right to use such Third Party Materials.
20. Intellectual property
20.1. You hereby expressly agree that all right, title and interest in and to all intellectual property rights, including without limitation patents, copyrights, trademarks, trade secrets and all other related proprietary rights in this Website are owned by the Company and/or its licensors, and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Website, its products or Services, except as expressly permitted herein. Unless otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission, without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices must be retained on all reproductions.
20.2. The Company hereby disclaims any rights in the trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property rights of third parties. All third party intellectual property rights listed above are the property of their respective owners. Third party materials are the property of their respective owners. The Company disclaims any ownership rights to intellectual property rights other than its own.
21. Applicable law, dispute resolution
21.1. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
21.2. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
22.Indemnification
22.1. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by user materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy
23.Assignment
23.1.The Company may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Company’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.
24.Severability
24.1. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement and the terms, covenants and restrictions set forth herein shall remain in full force and effect and will not in any way be affected, impaired or invalidated, and the parties to this Agreement shall use commercially reasonable efforts to find and employ alternative means to achieve the same or substantially the same result as contemplated by such term, provision, covenant or restriction. It is hereby agreed upon and declared that it is the intention of the parties to be bound by the remaining terms, provisions, covenants and restrictions of the Agreement, not including any that may subsequently be held to be invalid, illegal, void or unenforceable
26. Notices
26.1 Any notice or other communication under this Agreement shall be in writing and shall be deemed given and received when sent by electronic mail. The User's official email address for communication is the email address specified by the User when creating the Account. The message language must be English.
27 .Privacy policy and Personal information
27.1. The Company has developed a Privacy Policy that governs the use and protection of the User's personal information in accordance with applicable law and best practices. The full text of the Privacy Policy is posted on the Website and is available at: https://nearmp.net.
27.2. Despite all security measures implemented by the Company, the User acknowledges that there are certain risks that the Company will be attacked by electronic means in order to obtain personal information, and that the Company cannot guarantee complete protection.
28. Entire Agreement.
28.1. These Terms constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof