TERMS AND CONDITIONS
BLACK PAPER LLCLast updated [August 06 , 2024]
Thank you for using and participating in Yescoin, the most potential coin.
When you access and/or use the Application and/or the Services of the Service Provider, its affiliates, distributors, service providers, or third-party services relating to the Service Provider (together, “we”, “our”, “us”, or the “Service Provider”) available at and/or through the Application or Website via any of its Domains, including but not limited to content, functionality, products, and any other interactions and engagements, collectively the (“Platform Services”), you agree to the terms of this Terms. So please read these Terms carefully.
“You” or “your(s)” or “their” shall mean the "User(s)" of the Platform Services who view, access, use or utilise any of the Platform Services in any way via any medium.
These Terms (together with the documents referred to in it) set out the conditions on which you access and/or make use of yesco.in, its Domains, subdomains, and any associated domains and mobile applications.
These Terms, together with our Privacy Policy, govern the User(s) use of the Platform and Platform Services.
For these Terms, the following definitions shall be used:
“Affiliate” shall mean an entity whose control is controlled by or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
“Application” shall mean the application from the Service Provider for earning the Yescoin coins and participating in all Yescoin’s events.
“Content” shall mean content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by the Users, regardless of the form of that content.
“Device” shall mean any device that can access the Platform Services, such as a computer, a smartphone or a digital tablet.
"Domains" shall mean the domains, including the sub-domains and any associated domains and sub-domains, of any party or its associated parties.
“Effective Date” means the date of execution of this Terms.
“Intellectual Property Rights” means all intellectual property rights where in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights and these Intellectual Property Rights include copyright and related rights, database rights, confidential information trade secrets, know-how, business names, trade names, trademarks, service mark passing off rights, unfair competition right, patents, petty patents, utility models, semi-conductor topography rights and rights in designs.
“Platform Services” shall mean any access, making use of, and/or utilisation of the Website, Platform, other services, and any other engagements available at and/or through the Website or the Platform Services.
"User" shall mean an individual who is using the Platform Services (Application) or visiting the Website.
"Website" shall mean the domain - yesco.in, its subdomains, and/or any affiliates, distributors, service providers, or third-party services and/or integrated domains and subdomains, as well as mobile applications.
1. Introduction and Accessibility
1.1. These Terms are a binding legal agreement between the Users and the Service Provider.
1.2. By using the Platform Services, the Users are agreeing to these Terms and confirming that the Users will comply with all policies and terms associated with the Platform Services, including but not limited to the Platform’s Terms and Privacy Policies.
1.3. The purpose of these Terms is to outline the conditions under which the Users are allowed to:
- Get access to, use, or utilise the Platform Services in any way;
- Signup, Try, Buy, or Subscribe to any of our Platform Services, Plans, Add-Ons, Tools etc.;
- To access any content, features or functions over any medium of the Platform Services;
- Use of any other Additional service or other Platform Services-based usage or services.
1.4. We reserve the right, at the Service Provider’s sole discretion, to modify these Terms at any time. In such an event, the Service Provider will notify the Users by email and/or through the Platform Services. Continued access or use of the Platform Services after any such modification constitutes the Users' agreement to such changes.
1.5. Ownership and Rights to Access, Use, and/or Utilize the Platform Services. By using the Platform Services and subject to the User's compliance with these Terms:
(i) The Service Provider and our licensors grant to the Users a limited, personal, non-exclusive, non-transferable, revocable right to access, use and/or utilise the Platform Services; and
(ii) the Users agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sub-license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Platform Services without the express prior written permission of the Service Provider; and
(iii) Neither these Terms nor the Users’ access to, use, and/or utilisation of the Platform Services transfers to the Users and/or any third party any rights, title, and/or interest in any intellectual property rights related to the Platform or Platform Services.
1.6. Reservation of rights. The Platform Services and those of the Service Provider’s licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Subject to the limited rights expressly granted hereunder, the Service Provider and/or its third-party providers, distributors, affiliates, service providers, licensors, and suppliers reserve all rights, title, and interest in and to the Platform, including without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
2. Eligibility
2.1. Using the Platform, the Users warrant the following:
2.1.1. The Users is a legal entity represented by the authorised representative or an individual over the age of 18 (eighteen) years, having the full legal capacity to enter into a contract under these Terms;
2.1.2. The Users can fulfil the orders and payments on time and in compliance with the standards and policies of the Platform;
2.1.3. The information provided by the Users is accurate, complete, and up to date;
2.1.4. The Users’ use of the Platform Services complies with these Terms and all other agreements signed between parties (if any);
2.1.5. The Users’ use of the Platform Services complies with applicable laws and regulations to this relationship and use of the Platform Services.
2.3. The Users agree not to reproduce, duplicate, copy, license, sub-license, sell, resell, or exploit any portion of the Platform Services without the express written permission of the Service Provider.
2.4. Use of Services and Availability. The Service Provider retains the right, at its sole and absolute discretion, to deny anyone access to and/or use of the Platform Services at any time and for any reason. While the Service Provider uses reasonable efforts to keep the Platform Services accessible, the Platform Services may be unavailable from time to time. The Users understand and agree that there may be interruptions to the Platform Services due to circumstances both within our control (e.g., routine maintenance) and outside of the Service Provider’s control. The Users are solely responsible for ensuring that the Users' access to and/or use of the Platform and Platform Services complies with all laws, rules, and regulations applicable to you and that the right to access and/or use the Platform Services is revoked where your access to and/or use of the Platform Services is prohibited.
2.5. Publicity and Communication: By signing up or entering into a commercial or business relationship with us, the User agree to allow us to announce new client agreements or closures on our Platform, Platform Services, social media platforms, or other 3rd Party sites. If the User do not wish for us to make such announcements, please let us know in writing before the start of such a business relationship.
3. Commerce Terms and Refund Policy
3.1. The Service Provider provides the memecoin Yescoin on the TON platform.
3.2. The User can participate in giveaway campaigns and in all other Yescoin events.
3.2. Refund:
3.2.1. We do not propose any refunds.
4. Additional Services
4.1. As a part of the Platform Services, the Service Provider may offer additional services that are designed to provide additional features and/or improve the experience of the Users. These services are optional and may come with additional charges.
4.2. The nature, scope, cost, and availability of these additional services will be made available on the Platform Services. By choosing to use these services, the Users agree to comply with any additional terms and conditions and pay any fees associated with these services according to these Terms.
4.3. The Service Provider reserves the right to modify, add, or remove these additional services and/or their price and/or charges at any time without prior notice to the Users. However, changes will not affect any orders already placed and confirmed.
5. Breach of the Terms
5.1. General Violation and Consequences. Violation of these Terms, any relevant Service Provider policies, or any other agreement the Users have with the Service Provider constitutes a material breach of these Terms. In such a breach, the Service Provider reserves the right to suspend or terminate the User.
5.2. Reporting Violations. The Users are required to promptly report any violations of these Terms or any suspicious activities on the Platform.
5.3. Investigations. The Service Provider reserves the right to investigate any suspected breaches of these Terms and to take any action the Service Provider deems appropriate. This includes but is not limited to reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary for such individuals to investigate a potential breach, including the User profile, email addresses, usage history, IP addresses, and traffic information.
5.4. Revision, Amendment, and Notification of Changes. The Service Provider may revise or amend these Terms at any time by posting the amended terms on the Platform. The User will be notified of any major changes to these Terms through the email address associated with the User. The User's continued use of the Platform and the Platform Services after the effective date of any such amendments means that the User agrees with the amendments to these Terms.
5.5. The following activities are prohibited:
- Illegal activities: the User may not offer goods or services, or post or upload any materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which the User operates or does business.
- Malicious and deceptive practices: The User may not use the Platform to transmit malware or host phishing pages. The User may not perform activities or upload or distribute any materials that harm or disrupt the operation of the Platform or other infrastructure of the Platform or others, including the Platform’s third-party providers. The User may not use the Platform for deceptive commercial practices or any other illegal or deceptive activities.
- Personal, confidential, and protected information:
- the User may not post or upload any materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers unless you have consent from the person to whom the information belongs or who is otherwise authorised to provide such consent.
- Spam: The User may not use the Platform to transmit unsolicited commercial electronic messages.
- Terrorist organisations: the User may not offer Products - goods, or services, or post or upload any materials that imply or promote support or funding of, or membership in, a terrorist organisation.
6. Insurance
6.1. We are not providing any insurance or insurance services through our Website and our Platform Services.
7. Confidentiality and Data Protection
7.1. Confidentiality. The User on the Platform may have access to certain confidential information relating to the Service Provider, its services, and its users ("Confidential Information"). The User agrees to keep all such Confidential Information strictly confidential and not to disclose it to any third parties without the Service Provider's prior written consent.
7.2. Use of Confidential Information. The User may only use the Confidential Information to fulfil the User's obligations and exercise the User's rights under these Terms. Any other use of the Confidential Information is strictly prohibited.
7.3. Data Protection. We are protecting the Personal Data of the User according to the Service Provider's Privacy Policy.
7.4. Data Security. The Service Provider implement and use all possible features to protect the collected data on the Service Provider's cloud storage according to the Privacy Policy
7.5. Breach Notification. In case of any breach of data security, the Service Provider undertakes to notify the User immediately regarding such an event and afford all possible actions to stop any violation or restrict any third party's access to the collected personal data.
7.6. Data Processing Agreement. Where applicable, the User agrees to enter into a data processing agreement with the Service Provider to ensure the proper protection of personal data according to the Service Provider's Privacy Policy.
7.7. Confidentiality of Compliance Information. All information and documents related to compliance with the Terms, including information about business methods, procedures, policies, information about resellers, and Sales information, are strictly confidential unless they are already in the public domain and shall be used only according to clause 7.2 of these Terms.
7.8. Liability for Data Protection Violations. We are liable for Data Protection violations according to the terms and conditions defined in the Service Provider's Privacy Policy.
7.9. The Platform and the Platform Services materials may contain links to third-party web sources. Such linked websites are not under our control, and we are not responsible for their content.
7.10. The Service Provider has the right to cooperate with third parties and provide your data to third parties without your written permission if you used/clicked the third party’s link on the Platform.
8. Miscellaneous
8.1. Compliance with Laws. Adherence to laws relating to consumer protection, data protection, and product safety is crucial and obligatory for Platform Services.
8.2. Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, Sales representative, or employment relationship between the User and the Service Provider. The User has no authority to make or accept any offers or representations on behalf of the Service Provider.
8.3. Governing Law and Jurisdiction. These Terms are governed by the laws of the jurisdiction in which the Service Provider is based. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
8.4. Entire Agreement. These Terms supersede any previous agreements, arrangements, understandings, or representations (whether written or oral) between the User and Service Provider.
8.5. Changes to these Terms. The User's continued use of the Platform following any modifications will be considered as an acceptance of these changes.
8.6. Severability. If any provision of these Terms becomes invalid, it shall be modified to the minimum extent necessary to make it valid. If such modification is not possible, the provision shall be deemed deleted. This does not affect the validity of the rest of these Terms.
8.7. Waiver. No failure or delay by the Service Provider in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
8.8. Assignment. The User may not assign the User rights under these Terms without the prior written consent of the Service Provider. However, the Service Provider may freely assign its rights and obligations.
8.9. Notices. Any notices shall be sent by email to the administrative email address added to the User. It is the User's responsibility to keep the email address valid.
8.10. The User agrees to indemnify, defend, and hold harmless the Service Provider, its Affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or violation of any law or the rights of a third party, or any activity related to the User (including negligent or wrongful conduct) by the User.
8.11. Furthermore, the User agrees not to bring any legal action or claim against the Service Provider, its affiliates, or their respective officers, directors, employees, and agents for any reason whatsoever. The User acknowledge and agree that the User sole recourse in the event of any dispute with the Service Provider is to terminate the User access and use of the Platform, the Platform Services.
8.12. The User understand and agree that the User are personally responsible for the behavior on the Platform and any consequences thereof. The User agree to comply with all applicable laws, rules, and regulations and agree not to take any action that would infringe upon the rights of others or that would restrict or inhibit others from enjoying the Platform and the Platform Services.
9. Intellectual Property Rights
9.1. Respect for Intellectual Property. Each party agrees to respect the other party's intellectual property rights. This includes but is not limited to, all copyright, patent, trademark, design rights, trade secrets, and all other forms of intellectual property.
9.2. Ownership. All intellectual property rights in the services provided by the Service Provider or based on the license from the licensor, including but not limited to any software, design, text, images, or other material used, are and will remain the property of the Service Provider or its licensors.
9.3. Use of Intellectual Property. The User is granted a limited, non-exclusive, revocable license to use the intellectual property of the Service Provider solely to use the services provided by the Service Provider under these terms. Any unauthorised use of the Service Provider's intellectual property by the User breaches these Terms and may also violate copyright, trademark, and other laws.
9.4. Notification of Infringement. If either party becomes aware of any infringement or suspected infringement of its intellectual property rights, it shall promptly notify the other party.
9.5. Intellectual Property Takedown Notice. If the Platform contains any materials, interfaces, logos, designs, products, or something else that is not the intellectual property of Service Provider and Service Provider doesn’t have licenses for using it, the licensor has the right to request to delete its intellectual property from the Platform according to the procedures defined in the Digital Millennium Copyright Act (hereinafter – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter – “EUCD”).
9.6. The Service Provider may provide the User with the right to use a sub-domain within the Platform for one or more of the Platform Services. All such sub-domains are solely our property, and we reserve the right to determine the appearance, design, functionality, and all other aspects of such sub-domains. If we provide the User with a sub-domain, the User's right to use it will continue only for so long as the User is actively selling the Products on the Platform and provided the User complies with the Terms. We may change or terminate the User’s sub-domain or their right to use the sub-domain for any reason without notifying the User in any way, and the Service Provider is not obliged to provide the User with a new sub-domain.
10. Termination and Suspension
10.1. Termination for Breach: The Service Provider reserves the right to terminate these Terms with immediate effect by giving written notice to the User if the User commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within fourteen days after being notified to do so.
10.2. Termination for Insolvency: The Service Provider may terminate the User profile with immediate effect by giving written notice to the User if the User becomes insolvent, enters into liquidation or bankruptcy proceedings, makes an arrangement with its creditors, has a receiver or manager appointed over it or any part of its assets, or undergoes a similar or analogous event.
10.3. Suspension. The Service Provider may suspend the User access to its services under these Terms in case of any breach by the User of these Terms pending investigation and/or remediation of that breach.
10.4. Termination by the User. The User has the right to terminate these Terms by notifying the Service Provider via email.
11. Infringement and Abuse
11.1. The Service Provider is not responsible for the accuracy of the Platform work and the accuracy of functionality.
11.2. The Service Provider is not responsible for the incorrect setting and using the Platform in a certain way that results in any damage to the User.
12. Disclaimers, No Warranties
12.1. The Platform is made available to the User(s) on an “as is” and “as available” basis, with the express understanding that the Service Provider has no obligation to monitor, control, or vet the Content or data appearing on the Platform.
12.2. The User(s) uses the Platform and the Platform Services at the User(s) discretion and risk and takes full responsibility for the User(s) using the Platform and the Platform Services.
12.3. The Service Provider makes no claims or promises about the Platform's and Platform Services’ quality, accuracy, or reliability and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.4. By accessing or using the Platform or the Platform Services, or by clicking on the “I accept” or similar button with these Terms, the User are indicating acceptance to be bound by these Terms. If the User do not accept these Terms, the User must not access or use the Platform or the Platform Services. If the User are dissatisfied with these Terms or any rules, policies, guidelines, or practices applicable to the Platform or Platform Services, the User's sole and exclusive remedy is to discontinue the use of the Platform and Platform Services.
12.5. If the individual is entering into these Terms on behalf of a Service Provider or other legal entity, such individual represents that he/she/they have the authority to bind such an entity to these Terms and conditions, in which case the Terms will refer to such entity. If the individual does not have such authority, or if the individual does not agree with these Terms, he/she/they must not use the Platform and/or the Platform Services.
12.6. You explicitly indicate and accept that the Services are for professional use only and that this is a business transaction to which consumer rules do not apply.
13. Third Party Rights
These Terms do not give rise to any rights of the third parties to terminate, rescind, or agree to any amendment, waiver, variation, or settlement under or relating to these Terms are not subject to the consent of any other person.
14. Prohibited Uses
14.1. As a condition of the User use of the Platform and the Platform Services, the User will not use the Platform and the Platform Services for any purpose that is unlawful or prohibited by these Terms. The User may not use the Platform and the Platform Services in any manner that could damage, disable, overburden, disrupt, or impair any of the Platform’s servers or APIs, any networks connected to any of the Platform's servers or APIs, or that could interfere with any other party's use and enjoyment of the Platform and the Platform Services.
14.2. The User may not exceed or circumvent, or try to exceed or circumvent, limitations in the Platform, including on any API calls, or otherwise use the Platform in a manner that violates any of the User documentation or user manuals.
14.3. The User shall not, and shall not, permit any authorised User(s) to use the Platform, the Platform Services, or any software component of the Platform for any purposes beyond the scope of the access granted in these Terms. The User shall not at any time, directly or indirectly, and shall not permit any authorised User(s) to
(i) copy, modify, or create derivative works of the Platform, any software component of the Platform, in whole or in part;
(ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform except as expressly permitted under these Terms;
(iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform, in whole or in part;
(iv) remove any proprietary notices from the Platform; or
(v) use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or another right of any person or that violates any applicable law, regulation, or rule.
15. Acknowledgment
The User acknowledges that they have read these Terms, understand it, and will be bound by its Terms.
15.1. The Service Provider operates an anti-fraud and anti-money laundering compliance program and reserves the right to perform due diligence on all users of the Platform.
15.2. The User agrees to provide the Service Provider with all the information, documents, and medical data.
16. Dispute Resolution
16.1. The User agrees to cooperate fully with the Service Provider in resolving any disputes that arise in connection with the use of the Platform. The User agrees to accept the results of any dispute resolution process conducted by the Service Provider or an independent third-party arbitrator. The independent third-party arbitrator can be requested by the User for an additional fee; the User shall ask the Service Provider for the list of the nominated independent arbitrators.
16.2. Arbitration Process: In the unlikely event that our customer support team is unable to resolve concerns, the User and we each agree to resolve all disputes and claims between the User and us, including any arising under or relating to these Terms, the User use of the Platform and the Platform Services, or the User and our relationship, through binding arbitration or (to the extent the claim qualifies) in small claims court, instead of in courts of general jurisdiction. As explained below, the appointed arbitrator will have the authority to enter all relief that would be available in court to the extent warranted by the claims. All arbitrations and small claims proceedings will proceed only on an individual basis. In no event may either we or the User seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding, except as provided below. Binding arbitration is subject to minimal review. Only the appointed arbitrator – and not any court – will have the authority to resolve any dispute relating to these sections and these Terms, including any dispute regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive the termination of these Terms and any other agreement between the User and the Service Provider. These Terms evidence a transaction in interstate commerce, and the interpretation and enforcement are governed by the Federal Arbitration Act, notwithstanding the choice of law set forth below.
16.3 Applicability:
These Terms to arbitrate apply to all legal disputes between the User and Service Provider. It includes, but is not limited to (i) all claims relating to any aspect of the relationship between the User and us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this or any prior agreement (including claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or the User use of the Platform and Platform Services.
Notwithstanding these Terms to arbitrate, the User or we may choose to bring:
- An action on an individual basis in small claims court (to the extent the applicable claim qualifies); or
- Enforcement actions, validity determinations, or claims relating to theft, piracy, or unauthorised use of intellectual property in state or federal court, in the U.S. Patent or Trademark Office to protect the User or our Intellectual Property Rights. "Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.
In addition, the portion of any dispute or complaint relating to our participation in the US-EU or US-Swiss Privacy Shield Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section.
17.5 Selection of Arbitration and Place. The place of Arbitration is the United States of America, California. The selection of Arbitration is up to the discretion of the Service Provider.
17. Contact Us
If the User has any questions or concerns about these Terms or the Platform, please contact the Platform’s customer support service at: [info@yesco.in]
The User has the right to send Feedback to the Service Provider at: [info@yesco.in]