These terms and conditions ("Terms & Conditions") govern your use of the website https://senergodigital.com/, including your purchase of any Senergo Tokens; by using this website or attempting to purchase a Senergo Token, you accept these Terms & Conditions in full. If you disagree with these Terms & Conditions or any part of these Terms & Conditions, you must not use the https://senergodigital.com/ website or attempt to purchase any Senergo Token.
“Token” means any single unit of SED.
“Content” means text, images, audio material, video material, audio-visual material, or other forms of media.
“Exchange” Means a token exchange that you can trade SED on, that was originally obtained on this Site. “Exchange” means any blockchain-tracked, token exchange where SED is listed.
“Exchange Trading Platform” means a secure marketplace where SED’s are sold, transferred, and recorded on the applicable blockchain and such transactions can be proven by the applicable blockchain. “Own” or “Ownership” means, with respect to a Token, a Token that you have purchased through the Website or otherwise rightfully acquired from a legitimate source, where proof of purchase was recorded on the applicable blockchain and ownership of the Token can be proven. “Owner” means someone who has rightful and legal Ownership of a Token.
These Terms & Conditions constitute an agreement ("Agreement") between Senergo, ("Senergo"), the owner and operator of the Senergo website, https://senergodigital.com/ (the “Site” or “Website”), and you (“you”, “your” or “user(s)”), a user of the Site. Throughout this Agreement, the words “Senergo,” “us,” “we,” and “our,” refer to our company, Senergo.
BY ACCESSING THIS WEBSITE, YOU AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS IN FULL AND WITHOUT RESERVATION. IF YOU DISAGREE WITH THESE TERMS & CONDITIONS, YOU MAY NOT USE THIS WEBSITE OR ATTEMPT TO PURCHASE ANY Senergo TOKEN.
We may amend this Agreement at any time so please come back and review these Terms & Conditions often.
Unless otherwise stated, Senergo and/or its licensors and affiliates own the intellectual property rights published on this website, including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Site or available via a link from Site to a page created by Senergo on another website (collectively, the "Senergo Content"). The Senergo Content is the sole property of Senergo and/or its licensors, affiliates, or third-party service providers. You acknowledge and agree that Senergo and/or its licensors and affiliates own all legal rights, title, interest in the Art associated with any Tokens, and all intellectual property rights, including but not limited to, trademark and copyright rights, therein. Any rights provided to you upon purchase or ownership of a Token are limited to those expressly stated herein. Senergo reserves all rights and ownership to the Token and Content not specifically granted to the User in this Agreement.
Any payments of financial transactions that you conduct or engage in through the Site are final. You acknowledge and understand that the Site cannot and will not reverse any payments or transactions. All purchases of Licensed Tokens, as well as any associated charges, are non-refundable. You shall be responsible for all applicable taxes including any sales or compensating use tax or equivalent tax wherever such tax may arise. The user accepts and acknowledges that Senergo and its Affiliates will not be responsible for any communication failures, disruptions, distortions, delays, or any other errors that may arise when you attempt to purchase any Tokens.
Upon you assuming Ownership of a Tokens and accepting the Terms and Conditions of this Agreement, Senergo shall grant you a non-exclusive, worldwide, license to 1) trade, display, or otherwise hold the SED Token in wallet ; 2)Holding SED will not in any way entitle you a stake in the main company or the project; 3) sell or transfer your SED to another party pursuant to Section 7 of this Agreement; and 4) use your token as part of a third-party website or application which permits the inclusion, involvement, and/or participation for your owned Token, provided that the website or application cryptographically permits and verifies each SED owner’s rights and ownership to Buy, Sell, Exchange or transfer the SED token. You understand and agree that these rights are licensed solely to the rightful and legal owner of the Project namely Senergo Digital. Your licensed rights to the SED will terminate upon the rightful and legal sale or transfer of your SED in accordance with Sections 7 and 8 of this Agreement and the new Owner, upon their acceptance of the Terms and Conditions of this Agreement, shall receive these licensed rights.
You guarantee that you are obliged to use your knowledge only after proper diligence; that no money laundering or other unlawful act was committed in connection with the usage of Senergodigital.com, that no income from any money laundering activity is used to invest in ICO, published on the website. In the future, you guarantee that you should always comply with the law on combating money laundering. In addition, you guarantee that, in connection with the use of Senergodigital.com, you will not transfer anything of value, directly or indirectly, to any public official, employee of a state-controlled company, political party or other private (non-governmental) persons or organizations working on behalf of any government to get any improper benefit or advantage. You also warrant that no money paid to you in compensation or otherwise is used or will be used to pay bribes or returns in violation of all applicable laws.
You understand and agree that any physical merchandise that you produce must incorporate every element and trait of your SED Token in full. The individual layers and traits of the SED are not owned by you and are the sole property of Senergo and/or its licensors and affiliates. Such commercialization rights are limited to the SED that you own, and those rights do not extend to or include the underlying 1Kwh energy that one unit of SED will represent on the exchange. You further understand and agree that this license does not permit the ability to create any digital merchandise. The creation of any new Tokens which are derivatives of your Licensed SED Token are expressly prohibited. You understand and acknowledge that you may not, nor permit any third party to do or attempt to do the foregoing without the express prior written consent from Senergo; (1) modify the Token Code in your possession or any applicable modification in any way, including, without limitation, the shapes, designs, drawings, attributes, color schemes, or design elements of the Senergo Content; (2) produce any merchandise in connection with Senergo that depicts lewd behaviour, illegality, hatred, intolerance, cruelty, vulgarity, pornographic or other “adult-only” material, discrimination, or otherwise harmful material to the Content and Senergo Brand; (3) or attempt to trademark, copyright, or otherwise attempt to acquire additional intellectual property rights in your SED or any applicable modification.
You have the limited right to transfer or sell your SED Token on an Exchange Trading Platform, provided that the transferee or purchaser understands and accepts the terms of this Agreement and the terms of the Exchange trading platform applicable Terms & Conditions and that prior to the transfer, you have not breached this Agreement or the Terms & Conditions of the Exchange Trading Platform. Senergo is not responsible for any transactions between you and a third party, including using any Exchange Trading Platform to transfer your SED Token’s. Senergo shall have no
responsibilities or liability with respect to any transfer you enact on any of these third party Trading Platforms.
The licensed rights granted to you in Section 5 of this Agreement shall automatically terminate if you perform any of the following actions: 1) you sell, trade, donate, or otherwise transfer your SED Token in any manner; (2) you breach any terms of this Agreement or any Terms & Conditions for the designated Exchange Trading Platform; or (3) you engage in or initiate any legal actions against Senergo and/or any of their affiliates, and each of their respective officers, directors, members, affiliates, agents, or employees. Upon termination of your licensed rights, you must immediately cease and desist all activities and rights granted to you from Section 5. This includes ceasing all activities involving the use of SED Token for buying or selling physical merchandise that incorporates the Art of the Senergo Protected Content.
You understand and agree that the Tokens are made solely for investment or trading purposes only. You agree and understand that that: (1) the market and prices for a blockchain asset are extremely volatile and subjective and collectible blockchain assets, such as the Tokens, have no inherent or intrinsic value, and fluctuations in the price of such blockchain assets could materially and adversely affect the price and value of your Tokens; (2) there are risks involved with using internet-based currency and asset, including, but not limited to, risk of hardware, software, internet connection failure, risk of malicious software, and risk that unauthorized parties may gain access to your personal information including such information and assets contained in your digital wallet or elsewhere; (3) internet-based currency and assets are not currently regulated by any regulatory regimes, and new regulations or policies that may materially affect the value of any Tokens; (4) there is an inherent risk that you may lose access due to loss of private keys, custodial error, or even purchaser error; (5) there are risks related to taxation; and (6) Senergo does not make any guarantees or representations about the availability of the Tokens or the art or that they will host the Tokens in any specific location for any specific period of time. You agree that you have received sufficient information to make an informed decision regarding the decision to purchase or otherwise obtain the Tokens and that you understand and agree that you are solely responsible for determining the value, nature, and appropriateness of the above risks for yourself.
ALL TOKENS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Senergo AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. IN NO EVENT SHALL Senergo BE LIABLE TO YOU FOR ANY
INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, GOODWILL, WORK STOPPAGE, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, TECHNOLOGY FAILURE, OR MALFUNCTION, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE RELATED TO ANY TOKEN OR OTHERWISE) HOWEVER ARISING, EVEN IF Senergo KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ethereum blockchain OR THE ethereum cloud wallet ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE, ethereum blockchain OR THE ethereum cloud wallet ELECTRONIC WALLET Senergo TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ethereum blockchain. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED PLATFORM ethereum blockchain. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. Senergo TEAM IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ethereum blockchain OR THE ethereum cloud wallet ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ethereum blockchain, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
IF YOU ARE A RESIDENT OF A COUNTRY OR JURISDICTION WHERE CRYPTO AND ICO INVESTMENTS ARE BANNED OR REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO OUR SITE OR Senergo CONTENT, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the Individual country copyright law. If you believe in good faith that materials hosted by Senergo infringe your copyright, you, or your agent may send to Senergo a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Senergo actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Senergo a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see each country copyright laws for details. Senergo’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: through a direct message to Senergo’s Legal at info@senergodigital.com
Although we attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove portions of our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion; however, nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
When accessing or using our Site, you are solely responsible for your actions, and you agree to abide by the following rules of conduct: - You agree not to copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping;” - You agree not to attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site; - You agree not to use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site; - You agree not to take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; You agree that you will not hold Senergo, any of its affiliates, or its third-party providers responsible for your use of the Site; - You agree not to violate any requirements, procedures, policies, or regulations of networks connected to Senergo; - You agree not to interfere with or disrupt the Site; - You agree not to post anything contrary to our public image, goodwill, or reputation; - You agree to not violate any Local federal laws, state laws, or local laws while using the Site; and - You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, harmful, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may, at our discretion, be terminated or suspended. Senergo reserves the right to suspend or terminate your access at any time without notice or explanation.
You agree to defend, indemnify and hold harmless Senergo, its officers, directors, employees, affiliates, third-parties, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: - your use of any Senergo Site; - your use of any Senergo’ affiliate services; - your violation of any term of this Agreement; or - Arising out of any claim that you have breached any provision of these Terms & Conditions. This defense and indemnification obligation will survive this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement and any action related to this Agreement shall be governed by the laws in force in the Local Jurisdiction and International Arbitration provided By ICC. Other Foreign laws do not apply. The offer and acceptance of this contract are deemed to have occurred in accordance with the participant’s local jurisdiction
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Senergo, or the Site arising out of, relating to, or connected in any way with this Agreement or any Tokens purchased shall be resolved exclusively by final and binding arbitration administered by the International Chamber of Commerce (“ICC”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by ICC (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such and the arbitration shall be held in Local Jurisdiction or at such other location as may be mutually agreed upon by you and Senergo; (3) the arbitrator shall apply Local Jurisdiction law consistent with the International Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Senergo’ individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the ICC Rules and Procedures both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by ICC, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Senergo shall be entitled to arbitrate their dispute. For more information on ICC and its Rules and Procedures, users may visit the ICC website at https://iccwbo.org/dispute-resolution-services/arbitration/ . In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent Local jurisdiction applicable.
You and Senergo agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Senergo are deemed to conflict with each other’s operation, you agree that Senergo shall have the sole right to elect which provision remains in force.
All information at Senergo is provided solely for personal use by giveaway participants and individuals interested in giveaway of tokens. None of the information published on our pages should be taken as any kind of encouragement to participate in any token if doing so would break the laws of your country of residence. To clarify this point, no aspect of this site constitutes an invitation by Senergo, or any of its personnel for any individual or group to participate in the giveaway of minted panda discussed and/or featured. The content of Senergo is published without charge and without warranty. This means that, whilst every effort is expended to ensure that the information provided is true and accurate, we are not responsible for errors, omissions or interruptions in service or for any loss which an individual may experience by placing reliance on such information. In brief, as a user of website https://senergodigital.com/ you accept full responsibility for your own actions
and for deciding whether or not the information provided is suitable for your personal needs.
The Whitelist process is completely based on the total points system which is accessed by filling the form and completing the tasks provided. If you use any unfair means or cheat in this process, will automatically lead to removal from the whitelist. There will be no reconsideration once that happens. It will be your responsibility to read all the rules and follow them to get whitelisted. Whitelist Period: Entries will be accepted online starting on or about {insert start date} and ending {insert end date}. All online entries must be received by {insert end date}. No entries will be entertained without exception after the deadline has passed.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
This Agreement shall not constitute a joint venture, partnership, employment, or agency relationship between the parties.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site or your access to the Site at any time and for any reason.
All users who access the Site or buy Tokens must be 18 years of age or older.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site. Amended Terms & Conditions will apply to the use of this Site from the date of publication of the amended Terms & Conditions of this Site.
You agree to hold harmless and indemnify Senergo and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.
