PREAMBLE
These Terms (hereinafter referred to as the “Terms” or the «Rules») constitute an integral part of the User Agreement of Block Cluster (hereinafter referred to as the «Agreement») and govern the procedure for the use of the Block Cluster Website / Services by any person who chooses, in any manner or to any extent offered, to use the aforementioned Website (hereinafter referred to as the «User»). Each of the designated persons may be referred to individually in the text of these Rules and other documents posted on the Website or in the Services interface as a “Party,” and, when referred to collectively, the designated persons may be referred to as the “Parties.”
1. TERMS AND DEFINITIONS
1.1. Definitions of the terms used in these Rules are provided in Article 1 of the Agreement, referenced in the Preamble of these Rules.
2. GENERAL PROVISIONS
2.1. Any individual who has reached the age of 18 and is not restricted in legal capacity by a court decision (or, depending on the jurisdiction, by another competent authority) may become a User of the Website / Service. In certain jurisdictions, the minimum age requirements for a User may differ. The User bears full responsibility for compliance with the laws of the jurisdiction in which they are located. All liability of Block Cluster is hereby fully excluded.
2.2. These Rules have been developed by Block Cluster and establish the conditions for the use of the Website / Service, as well as the rights and obligations of Users and Block Cluster in the context of using the Website / Service. The Rules also apply to relationships involving the rights and interests of third parties who are not Users of the Website or Service, but whose rights and interests may be affected as a result of actions by Users of the Website or Service.
2.3. The User is required to thoroughly familiarize themselves with these Rules prior to commencing use of the Website or Service. Use of the Website or Service constitutes the User’s full and unconditional acceptance of these Rules.
2.4. These Rules may be updated or amended at any time at the discretion of Block Cluster. The current version of the Rules is posted on the Website or in the appropriate section of the respective Service interface; updates or amendments do not require separate notification of Users. The updated or amended Rules shall take effect upon publication on the Website or in the relevant section of the Service interface. The User’s continued use of the Website or Services following any amendments, updates, or supplements to these Rules constitutes the User’s acceptance of, and agreement with, such amendments, updates, or supplements.
2.5. The rights to the Website and Services as a whole, as well as the right to use the network address (domain name), belong to Block Cluster, except for Services owned by third parties. Block Cluster provides access to the Website and Services to all interested parties in accordance with these Rules, the Agreement, and applicable regulatory acts. Block Cluster grants the User a limited, non-exclusive, non-sublicensable, non-transferable, royalty-free, and worldwide license (subject to the provisions of Article 4 of these Rules) to use the functionality of the Website and Services owned by Block Cluster.
2.6. With respect to the operation and development of the Website and Services, Block Cluster is guided by applicable regulatory acts, these Rules, and other special documents that have been or may be developed and adopted by Block Cluster for the purpose of regulating the provision of User access to certain features of the Website and Services.
2.7. No provision of these Rules grants the User any right to use the results of intellectual activity, trade name, trademarks, domain names, or other distinctive signs of Block Cluster. The right to use the results of intellectual activity, trade name, trademarks, domain names, or other distinctive signs of Block Cluster may be granted exclusively by a written agreement with Block Cluster.
2.8. Block Cluster assumes no liability for the actions of third parties (including Internet service providers that ensure the technical availability of the Website / Services at the User’s location) with respect to the protection of communication channels through which information is transmitted to or from the Website / Service. Block Cluster also does not guarantee the continuous availability or uninterrupted operation of the Website / Services.
3. USE OF THE WEBSITE / SERVICES AND REGISTRATION
3.1. At the discretion of Block Cluster, certain Website / Service functions may be available to a User who meets the requirements specified in clause 1.1 of these Rules, without registration. Registration provides access to the complete set of Service functions. Block Cluster reserves the right to independently determine and, at any time and at its sole discretion, modify both the set of Service functions available without registration and the procedure or rules for the registration process.
3.2. Registration is free of charge, voluntary, and conducted by completing a special form available in the interface of the relevant Service.
3.3. During registration, the User must provide Block Cluster with the necessary, accurate, and current information to establish the account. The special form may request additional information from the User and may be modified at any time at the sole discretion of Block Cluster.
Registration and identification on behalf of a third party are prohibited. The User must fill in the relevant information in the account personally and exclusively using their own personal data.
4. PROHIBITED CATEGORIES OF USERS
4.1. The following categories of individuals are prohibited from using the Website / Services:
4.1.1. individuals under the age of 18. In certain jurisdictions, the minimum age requirements for a User may differ. The User bears full responsibility for compliance with the laws of the jurisdiction in which they are located. Any and all liability of Block Cluster is hereby fully excluded;
4.1.2. individuals who have been declared legally incapacitated by a court (or, depending on the jurisdiction, by another competent authority);
4.1.3. individuals whose use of the Website / Services would violate the laws or other regulations of the jurisdictions in which they are located. The User bears full responsibility for compliance with the laws of the jurisdiction in which they are located. Any and all liability of Block Cluster is hereby fully excluded;
4.1.4. persons whose access to the Website / Service and to entering into transactions with Block Cluster has been restricted by Block Cluster on the grounds of providing false, incomplete, or inaccurate information during registration or in the course of interactions with Block Cluster regarding the conclusion of transactions;
4.1.5. persons whose access to the Website / Service has been restricted by Block Cluster on the basis of using the Website / Service for the purpose of conducting illegal activities, including, but not limited to, hacker attacks, viral infections, the distribution of malicious software, or other actions that may cause harm to the Website / Service, other Users, Block Cluster, or third parties.
4.2. In the event of a violation of the conditions set forth in clause 4.1 (including its subclauses), Block Cluster reserves the right to refuse the use of the account, suspend, or block access to the Website and/or Services without prior notice and without compensation for any potential losses. Block Cluster is also entitled to notify the relevant law enforcement authorities, if necessary.
5. PERSONAL DATA AND ACCOUNT USAGE
5.1. The processing of the User’s personal data is carried out in accordance with the Personal Data Processing and Cookie Usage Policy, posted on the Website and/or in the corresponding section of the respective Service’s interface, as well as in accordance with applicable regulations.
5.2. Personal data (including any contact information) provided by the User during registration may be used by Block Cluster to establish direct contact for the purposes of informing Users of the Website and/or Services about special offers, promotions, events, as well as offers from Block Cluster’s partners. By providing Block Cluster with such data, the User unconditionally agrees to the provisions of this section. This consent may be revoked by the User by sending a corresponding notice to the following Block Cluster email address:support@blockcluster.pro
5.3. Block Cluster is entitled to use data collected through the Website or Service to improve the content of the Website or Service, to modify or enhance them, to exchange information with Users (at the request of Users), for marketing and research purposes, and for any other lawful purposes. Furthermore, Block Cluster is entitled to fully utilize all information obtained through the Website or Service in a non-personally identifiable form.
5.4. The User is not permitted to transfer their access credentials for the Service to third parties and bears full responsibility for their safekeeping, independently determining the method of their storage.
5.5. Unless proven otherwise by the User, any actions performed using their account shall be deemed to have been performed by that User. In the event of unauthorized access to the User’s account, the User is obliged to immediately notify Block Cluster.
6. USER OBLIGATIONS AND PROHIBITED ACTIONS
6.1. The User is obliged to:
6.1.1. comply with the provisions of these Rules, Agreement, other special documents of Block Cluster, and applicable regulatory acts;
6.1.2. to provide accurate, complete, and up-to-date information during registration and to maintain its accuracy thereafter;
6.1.3. to notify Block Cluster of any unauthorized access to the account;
6.1.4. not to allow third parties access to their own account;
6.1.5. if there are any doubts regarding the legality of certain actions, Block Cluster recommends that any User refrain from undertaking such actions.
6.2. The User is prohibited from:
6.2.1. registering or identifying themselves on behalf of or in place of another individual, or doing so as a group (association) of individuals or a legal entity while appearing as a single natural person;
6.2.2. use the data of another User;
6.2.3. misrepresent information about yourself;
6.2.4. use software or perform actions aimed at disrupting the normal functioning of the Services;
6.2.5. use, without the express written permission of Block Cluster, automated scripts (programs, bots, crawlers) to collect information on the Website (within the Services) and/or to interact with the Website (Service) and its functionality;
6.2.6. in any manner, including but not limited to deception, abuse of trust, or hacking, attempt to gain access to the data of another User;
6.2.7. engage in the unlawful collection and processing of personal data of other individuals;
6.2.8. use the Website / Services by any means other than through the interface provided by Block Cluster;
6.2.9. grant access to your account to another person;
7. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY RESOURCES
7.1. The Website / Services contain (or may contain) links to other websites and/or applications / bots owned and operated or administered by third parties. Certain Services may be wholly or partially owned and/or operated by third parties.
7.2. The third parties and their websites and/or applications or bots (Services) referenced in Clause 7.1 are not reviewed by Block Cluster. Block Cluster assumes no responsibility for any information posted on the websites, applications, or bots (Services) of third parties.
7.3. Links posted on the Website (or in the interface of any Service) to other websites, applications, or bots owned by third parties do not constitute support or endorsement of such websites, applications, or bots by Block Cluster. A link to any website, application, bot, product, service, or any information of a commercial or non-commercial nature posted on the Website (or in the interface of any Service) does not constitute an endorsement or recommendation by Block Cluster.
7.4. The actions of a User who follows links on the Website (or within the interface of any Service) to other websites and/or applications owned and operated/managed by third parties are governed by those parties. Block Cluster assumes no responsibility for the content of such websites/applications, nor for the actions of their owners or administrators.
8. OPERATION OF THE SERVICES AND USER RESPONSIBILITIES
8.1. Users are solely responsible for their own actions. A violation of these Rules, Agreement, other special Block Cluster documents, or applicable legal regulations entails the User’s liability, and any liability of Block Cluster is expressly excluded.
8.2. Block Cluster provides the technical capability to use the Website / Service, does not participate in the creation of User account content, does not control, and is not responsible for the actions or omissions of any persons with respect to the use of the Website / Service or the creation and use of account content.
8.3. Block Cluster reserves the right to modify the design of the Website and/or Services, their content, functionality, as well as to modify or supplement the scripts, software, and other objects used or stored on the Website (or within the Service interfaces), including any server-side applications, at any time without prior notice.
8.4. Block Cluster ensures the operation and functionality of the Website and/or Services and undertakes to promptly restore their operability in the event of technical failures or interruptions (excluding Services owned or controlled by third parties). Block Cluster shall bear no liability for temporary failures or interruptions in the operation of the Website or Services, or for any loss of information caused by or resulting from such failures or interruptions. Block Cluster shall bear no liability for any damage to the User’s or any third party’s computer, other property, mobile devices, or any other equipment or software, arising from or related to the use of the Website or Services, or resulting from following links placed on the Website or within the Service interfaces.
8.5. Block Cluster reserves the right to provide the User with information regarding the development of the Website and Services and their functionalities, as well as to advertise its own activities.
9. DISCLAIMER OF LIABILITY
9.1. THE WEBSITE / SERVICES AND THEIR FUNCTIONALITY, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT, AND THE DESIGN OF THE WEBSITE / SERVICES, ARE PROVIDED “AS IS.” BLOCK CLUSTER DISCLAIMS ALL WARRANTIES THAT THE WEBSITE / SERVICES OR THEIR FUNCTIONALITY MAY OR MAY NOT BE SUITABLE FOR ANY PARTICULAR PURPOSES OF USE. BLOCK CLUSTER DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE / SERVICES AND/OR THEIR FUNCTIONALITY.
9.2. BY USING THE WEBSITE / SERVICES, THE USER ACKNOWLEDGES THAT THEY DO SO AT THEIR OWN RISK AND BEAR PERSONAL RESPONSIBILITY FOR ANY POSSIBLE CONSEQUENCES OF SUCH USE, INCLUDING DAMAGE THAT MAY BE CAUSED TO THE USER’S COMPUTER OR ANY PROPERTY, TO THIRD PARTIES, FOR LOSS OF DATA, OR ANY OTHER HARM.
9.3. UNDER NO CIRCUMSTANCES SHALL BLOCK CLUSTER BE LIABLE TO THE USER OR TO ANY THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, OR UNINTENDED DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST PROPERTY, OR ANY OTHER DAMAGES WITHOUT LIMITATION, ARISING FROM OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, THE CONTENT OF THE WEBSITE OR SERVICES, OR BY FOLLOWING ANY LINKS POSTED ON THE WEBSITE OR WITHIN THE SERVICE INTERFACE.
10. DISPUTE RESOLUTION PROCEDURE
10.1. Any disputes between the Parties shall be resolved in accordance with the provisions of the Agreement referenced in the preamble, of which these Rules form an integral part.