Pharos Code Terms of Use

Effective Date: November 12, 2019

1. Your Acceptance

By using or Visiting this website or any other Pharos Code LLC. Website and/or apps (collectively, Pharos Code services or services), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF PHAROS CODE PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.pharoscode.co, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Pharos Code services.

2. Pharos Code services

These Terms of Service apply to all users of the Pharos Code services, including users who are also contributors of video or text content, information, and other materials or services on the Pharos Code Website. The Pharos Code services may contain links to third party websites that are not owned or controlled by Pharos Code. Pharos Code has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pharos Code will not and cannot censor or edit the content of any third-party site. By using Pharos Code services, you expressly relieve Pharos Code from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Pharos Code services and to read the terms and conditions and privacy policy of each other website that you visit.

3. Access

A. Pharos Code hereby grants you permission to use Pharos Code services as set forth in this Terms of Service, provided that: (i) your use of the Pharos Code services as permitted is solely in accordance with this terms and conditions; (ii) you will not copy or distribute any part of the Pharos Code services in any medium without Pharos Code prior written authorization; (iii) you will not alter or modify any part of the Pharos Code services other than as may be reasonably necessary to use the Pharos Code services for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses Pharos Code services including Pharos Code Website in a manner that sends more request messages to the Pharos Code servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Pharos Code grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pharos Code reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from Pharos Code services, nor to use the communication systems provided by the Pharos Code services for any commercial solicitation purposes.

4. Intellectual Property Rights

The content on the Pharos Code services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pharos Code, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Pharos Code services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pharos Code reserves all rights not expressly granted in and to the Website and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Pharos Code services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Pharos Code services or the Content therein.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE PHAROS CODE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PHAROS CODE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PHAROS CODE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHAROS CODE SERVICES. PHAROS CODE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PHAROS CODE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHAROS CODE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

IN NO EVENT SHALL PHAROS CODE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PHAROS CODE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PHAROS CODE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH PHAROS CODE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PHAROS CODE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PHAROS CODE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Pharos Code makes no representations that the Pharos Code services are appropriate or available for use in other locations. Those who access or use Pharos Code services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity

You agree to defend, indemnify and hold harmless Pharos Code, its parent corporation, officers, directors, employees 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: (i) your use of and access to the Pharos Code services; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Pharos Code services.

8. Ability to Accept Terms of Service

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pharos Code without restriction.

10. Children

If you are the parent of a child under 13 years of age, please also read this Section.

If you are under 13 years of age, you may not use this website or App unless your parents or your legal guardian have read all that is written here and told you it is OK to do so. If your parents or legal guardian have not done that, please ask them to do so.

Even if your parents or legal guardian have read and approved these Terms and Conditions, and your use of the online services, they must also read and approve the Privacy Policy found at https://www.pharoscode.com/ and you must not enter any personal information, such as your name, address, telephone number, hobbies or email until they approve that.

11. DMCA Policy

If you believe that you are the owner of the copyright or other rights in any material(s) appearing on Pharos Code, and/or that ownership of the copyright or other rights in any material has been incorrectly used or represented on Pharos Code, please contact us via legal@pharoscode.co.

Upon receipt of Notice as described below, Pharos Code will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
5. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
6. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
7. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Pharos Code’s Designated Copyright Agent:

Pharos Code LLC Capitol municipalty, district Iskar, Drujba I 27 entry A, 4th fl., ap. 16, Sofia, Bulgaria. Email: legal@pharoscode.co

12. General

You agree that: (i) the Pharos Code services shall be deemed solely based in Bulgaria; and (ii) the Pharos Code services shall be deemed a passive service that does not give rise to personal jurisdiction over Pharos Code, either specific or general, in jurisdictions other than Bulgaria. These Terms of Service shall be governed by the internal substantive laws of Bulgaria, without respect to its conflict of laws principles. Any claim or dispute between you and Pharos Code that arises in whole or in part from the Pharos Code services shall be decided exclusively by a court of competent jurisdiction located in London, England and Wales. These Terms of Service, together with the Privacy Notice at http://www.pharoscode.co and any other legal notices published by Pharos Code on the Website, shall constitute the entire agreement between you and Pharos Code concerning the Pharos Code services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Pharos Code failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Pharos Code reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Pharos Code services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and Pharos Code agree that any cause of action arising out of or related to the Pharos Code services must commence immediately after the cause of action accrues. Otherwise, such cause of action is permanently barred.