Terms & Conditions
Welcome to Silverlight. We want you to understand your and our rights
relating to our Services (as outlined below). Please read them carefully.
Here are a few noticeable points:
- You can ask us to delete your account and associated data at any time.
- We can cancel your account if you don’t abide by our Terms and act
inappropriately.
- Silverlight is not liable for your activities while using our Services and
there are no warranties made by Silverlight.
- You agree to arbitrate if there is a dispute between us.
- You can easily reach us via hello@silverlight.store if you have any
questions or need help.
These terms & conditions apply to the website https://silverlight.store
(the “website”) operated by Nomad Ventures Limited (“Silverlight”,
“we”, or “us”). The use of this website is subject to the following terms
and conditions (the “terms”). By using this website, you are entering into a
legally binding agreement and agree to these terms as well as any other
terms, guidelines or rules that apply to any portion of this website. If you
do not agree to these terms, then you should not use this website. If you
have any questions about the terms, please contact us at hello@silverlight.store.
Terms of Service
These terms & conditions apply to the Silverlight websites, related
mobile applications and services (the “Services”). These services are made
available to you and are operated by Nomad Ventures Limited
(“Silverlight”, “we”, or “us”) with its address at A9, 7/F, On Shing
Industrial Building, 2-16 Wo Liu Hang Road, Fo Tan, Hong Kong.
The use of these Services is subject to the following terms and
conditions (the “Terms”) in accordance with the Silverlight
Privacy Policy(the “Privacy Policy”).
By using the services, you are entering into a legally binding agreement
and agree to these Terms as well as any other terms, guidelines or rules
that apply to any portion or part of the services.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR
MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE
TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM,
YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
DO NOT ACCESS OR USE OUR SERVICES.
If you access or use the Services on behalf of a company or other entity,
you represent that you have authority to bind such entity and its
affiliates to these Terms and that it is fully binding on them. In such
case, the term “you” will refer to such entity and its affiliates. If you
do not have authority, you may not access or use our Services. These Terms
contain disclaimers of warranties and limitations on liability that may be
applicable to you.
This Agreement is presented in the English language. Any translation of
this Agreement is for your convenience, and any meanings of terms,
conditions, or representations are subject to the definition and
interpretation of the English language.
If you have any questions about the Terms, please contact us at
hello@silverlight.store.
Privacy & Communication
Silverlight believes strongly in the protection of the privacy of users
and customers. In order to understand why, how and which information we
collect from you and how we use this information we encourage you to
review our
Privacy Policy.
When you use the Services or communicate with us electronically via email
or this website you consent to receive communication from us
electronically. We are communicating with you by email, by posting on our
website or via other forms and communication channels such as social media
platforms. You agree that all agreements, notices, disclosures and other
communication that we provide you electronically satisfies any legal
requirement that such communication be in writing.
Accounts & Registration
The Services are intended solely for persons who are 13 years old or at a
higher age if required in your country to use the Services. If you are
under the legal age to form a binding contract in your jurisdiction, you
represent that your parent or legal guardian has reviewed and agreed to
these Terms on your behalf.
To use our Services, you must register an account. You agree to: (a)
provide true, accurate, current and complete information about yourself
(“Personal Data”) and (b) maintain and promptly update the Personal Data.
You agree that Silverlight may use your Personal Data to provide Services
that you access or use and as otherwise set forth in these Terms. If you
provide any Personal Data that is inaccurate or not current, or
Silverlight has reasonable grounds to suspect that your Personal Data is
inaccurate or not current, Silverlight has the right to suspend or
terminate your account and refuse current or future use of the Services.
In consideration of your use of the Services, you represent that you are
not a person barred from receiving services under the laws of any
applicable jurisdiction.
You may register for or log-in to your account via a third-party network,
such as Facebook or Google. If you do so, you hereby authorize Silverlight
to pre-populate the registration and other relevant information fields of
your account and/or to use such third-party credentials to log you into
your account. If you connect your account to a third-party network, you
agree to comply with the terms and conditions and policies applicable to
such third party.
Your account is personal to you, and you may not share your account
information with, or allow access to your account by, any third party. You
are solely responsible for maintaining the confidentiality of the password
associated with your account and for restricting access to your password,
your computer and mobile device while logged into the Services. You accept
responsibility for all activities that occur under your account or from
your computer and mobile devices. Any unauthorized use of your account
will be your responsibility.
You agree to use reasonable efforts to prevent unauthorized access to or
use of this website and to preserve the confidentiality of your Personal
Data on any device that you use to access the Services. You agree to
notify us immediately of any breach in secrecy of your log-in information.
If you have any reason to believe that your account information has been
compromised or that your account has been accessed by a third party, you
agree to immediately notify Silverlight of such unauthorized use of your
account or password, or any other breach of security, and confirm that you
understand all risks of unauthorized access to your Personal Data and any
other information or content you provide to Silverlight . You will be
solely responsible for the losses incurred by us and others due to any
unauthorized use of your account.
We are committed to use reasonable security measures to protect against
unauthorized access to your account. We cannot, however, guarantee
absolute security of your account, your Content (as defined below) or the
personal information you provide, and we cannot promise that our security
measures will prevent third-party “hackers” from illegally accessing the
Services or its contents.
Content
By expect you to honor our Community Guidelines.
You own the information, data, text, software, sound, photographs,
graphics, video, messages, posts, tags, or other materials you make
available in connection with the Services (“Content”), whether publicly
posted, privately transmitted, or submitted through a third party API
(e.g. a photograph submitted via Instagram).
You grant us a non-exclusive, transferable, sub-licensable, royalty-free,
worldwide license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, publicly perform and display any
Content and any name, username or likeness that you post on or in
connection with the Services in all media formats and channels now known
or later developed without compensation to you. This license ends when you
delete your Content or your account.
You understand that you, and not Silverlight, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make
available via the Services. Silverlight does not routinely screen or
monitor the Content posted to the Services by others and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
Silverlight may, in its sole discretion, screen, monitor, hide, refuse or
remove any Content, or remove any Content that violates the Terms or is
otherwise objectionable. You understand that by using the Services, you
may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Silverlight be liable in any way for any
Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use
of any Content made available on the Services. You agree to bear all risks
associated with the use of any Content available in connection with the
Services, including any reliance on the accuracy, completeness, or
usefulness of such Content.
You agree that Silverlight is not responsible for, and does not endorse,
Content posted on the Services. If your Content violates these Terms, you
may bear legal responsibility for that Content. As between you and
Silverlight, any Content will be non-confidential and non-proprietary and
we will not be liable for any use or disclosure of Content. You
acknowledge and agree that your relationship with Silverlight is not a
confidential, fiduciary, or other type of special relationship, and that
your decision to submit any Content does not place Silverlight in a
position that is any different from the position held by members of the
general public, including with regard to your Content. Your Content will
not be subject to any obligation of confidence on the part of Silverlight
other than as set forth in our
Privacy Policyand your privacy controls, and Silverlight will not be liable for any use
or disclosure of any Content you provide.
The Services may provide you with the ability to mark certain Content
that you submit to the Services as private, public, or available only to
select users of the Services. Silverlight will maintain the privacy of
such Content in accordance with your selections. However, if you do not
elect to mark your Content as private or available for a limited group of
other users, or later change such designation to allow such Content to be
made available to anyone, you are responsible for the public nature of the
content. Please review our
Privacy Policyfor more information on how to manage your privacy controls.
License & Access
All parts of the Services, including images, designs, icons, photographs,
video clips, illustrations, text, downloads and other materials not made
available by you in connection with the Services, are the property of
Silverlight, its licensors, partners or affiliates and is protected by
United States Hong Kong and international copyright laws. Unauthorized use
of any content or material made accessible via our Services is strictly
prohibited and may violate copyright and trademark laws. If you wish to
use any content provided, you need the written permission of Silverlight.
All trademarks, service marks, and trade names (the “Trademarks”) that
appear during the use of our Services are proprietary to Silverlight, or
the other respective owners of such Trademarks. You may not display or
reproduce the Trademarks in any manner without the prior written consent
of Silverlight , and you may not remove or otherwise modify in any manner
any Trademark notices from any content offered or received through this
website.
The Services are for your personal and noncommercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer or sell for any commercial
purposes any portion of the Services, use of the Services or access to
Content. You may not use the Services, or assist or encourage any other
party, to engage in any of the following Prohibited Activities:
- Resell or make any commercial use of the Services;
- Accessing our Services to monitor its availability, performance or
functionality;
- Permitting any third-party to access the Services;
- Modify, create a derivative work, adapt, translate, reverse engineer,
decompile, disassemble or convert any part of the Services or attempting
to extract the source code of the software underlying the Services or
any part thereof, unless expressly permitted or required by law, and in
any case, without providing prior written notice to Silverlight.
- Copy, frame, imitate, mirror, reproduce, distribute, publish, download,
display, perform, post or transmit any of Services or trademarks in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise; or
- Use any data mining, bots, spiders, automated tools or similar data
gathering and extraction methods on part of the Services or to collect
any information from the Services or any other user of the Services or
using such a tool or method to access the Services in a manner that
sends more request messages to Silverlight than a human can reasonably
produce in the same period of time by using a conventional web browser;
- Publishing, transmitting, distributing or storing content, material,
information or data that: (a) is illegal, obscene, defamatory,
threatening, harassing, abusive, or hateful or that advocates violence;
(b) is harmful to or interferes with the Services or any third party’s
networks, equipment, applications, services or websites (e.g., viruses,
worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates or
otherwise violates any privacy, intellectual property, publicity or
other personal rights including, without limitation, copyrights,
patents, trademarks, trade secrets or other proprietary information
(including unauthorized use of domain names); or (d) is fraudulent or
contains false, deceptive or misleading statements, claims or
representations (such as “phishing”);
- Attempting to disrupt, degrade, impair or violate the integrity or
security of the Services or the computers, services, Accounts or
networks of any other party (including, without limitation, “hacking,”
“denial of service” attacks, etc.), including any activity that
typically precedes attempts to breach security such as scanning, probing
or other testing or vulnerability assessment activity, or engaging in or
permitting any network or hosting activity that results in the
blacklisting or other blockage of Silverlight internet protocol space;
- Committing any act that may be harmful to others, including minors;.
- Distributing, or disclosing any part of the Services in any medium,
including without limitation by any automated or non-automated
“scraping”;
- Avoiding payment of charges or fees payable by you with respect to the
Services;
- Taking any action that imposes, or may impose, at our sole discretion,
an unreasonable or disproportionately large load on our infrastructure;
- Collecting or harvesting any information relating to an identified or
identifiable individual, including account names and information about
users of the Services, from the Services;
- Using the Services for any inappropriate commercial solicitation
purposes;
- Accessing any content on the Services through any technology or means
other than those provided or authorized by the Services;
- Submitting to the Services or to Silverlight any personally
identifiable information, except as necessary for the establishment and
operation of your account;
- Submitting to the Services or to Silverlight any information that may
be protected from disclosure by applicable law;
- Bypassing the measures we may use to prevent or restrict access to the
Services, including, without limitation, features that prevent or
restrict use or copying of any content or enforce limitations on use of
the Services or the content therein;
- Violating any applicable law, statute, ordinance or regulation, or
encouraging any conduct that could constitute a criminal offense or give
rise to civil liability;
- Removing any copyright, trademark or other proprietary rights notices
contained in or on the Services; or
- Executing any form of network monitoring or running a network analyzer
or packet sniffer or other technology to intercept, decode, mine or
display any packets used to communicate between the Service’s servers or
any data not intended for you.
- Using location tampering software or emulators to “spoof”
your location
You are granted a limited, non-exclusive right to create a text hyperlink
to the Services for non-commercial use only, provided such link does not
portray Silverlight or any of its products or services in a false,
misleading, derogatory or otherwise defamatory manner, and provided
further that the linking site does not contain any pornographic, illegal,
offensive, harassing or otherwise objectionable material.
You understand that you are responsible for any charges associated with
sending communications via your device. You hereby acknowledge that you
have the right to communicate with your contacts via the Services.
You represent and warrant that: (i) you are authorized to create your
account, whether individually or on behalf of an organization; (ii) you
own the Content posted by you on or through the Services or otherwise have
the right to grant the rights and licenses set forth in these Terms; (iii)
the posting and use of your Content on or through the Services does not
and will not violate, misappropriate or infringe on the rights of any
third party, including, without limitation, privacy and data protection
rights, publicity rights, copyrights, trademark and/or other intellectual
property rights; and (iv) you agree to pay for all royalties, fees, and
any other monies owed by reason of Content you post on or through the
Services.
Affiliate Disclaimer
We may insert affiliate links when linking to third party products and
services. When you click on/ or make a purchase through an affiliate link,
we may receive a small commission or other form of compensation at no cost
to you. Please assume that links to third parties on our website, mobile
apps or other communication channels like email, social media etc. are
affiliate links. Our use of affiliate links does not influence the products,
services and websites that we shares with you.
Payments
The price for all items available for purchase will be displayed to you
when accessing the Services. Silverlight is using the third parties like
Stripe and Paypal to process payments. Stripe accepts payments through
various credit cards, including Visa, MasterCard, American Express and
Discover, as detailed on the applicable payment screen. Paypal accepts
payments through your Paypal account. If you provide your payment
information, you authorize us and certain third party service providers,
payment card networks and payment processors to receive, store and encrypt
your payment information. These transactions are subject to the respective
terms & service agreements of these third parties.
If your payment provider determines that there are fraudulent charges on
your account resulting from use of your Payment Method at the Services,
please contact us immediately via hello@silverlight.store
Currency
Our default store currency is USD. However you may choose to pay via your
local currency in EUR, GBP, AUD, NZD, CAD, SGD, HKD, DKK, SEK or NOK.
Taxes
You will be solely responsible to pay any and all sales, use, value-added
and other taxes, duties, and assessments (except taxes on our net income)
now or hereafter claimed or imposed by any governmental authority
(collectively, the “Taxes”) associated with your use of the Services.
Except for income taxes levied on us, you: (a) will pay or reimburse us
for all national, federal, state, local or other taxes and assessments of
any jurisdiction, including value added taxes and taxes as required by
international tax treaties, customs or other import or export taxes, and
amounts levied in lieu thereof based on charges set, services performed or
payments made hereunder, as are now or hereafter may be imposed under the
authority of any national, state, local or any other taxing jurisdiction;
and (b) will not be entitled to deduct the amount of any such taxes,
duties or assessments from payments made to us pursuant to these Terms.
If your shipping address is in the European Union, we will charge VAT
(value-added tax) at the time of checkout for orders of physical products
valued at 150 EUR or less or equivalent in your local currency and forward
these value-added taxed to the relevant tax authorities via the Import One
Stop Shop (IOSS) scheme. If your physical product order is delivered to
the European Union it will not incur any additional value-added tax
liabilities when being imported into the European Union.
Physical Products
Shipping
We currently offer free worldwide standard shipping to all our customers
for physical products. Standard Shipping orders should usually arrive
within 5-12 working days for most countries. Holidays, special occasions
(e.g. before Christmas) or extreme weather events may delay shipping
times. For the US, EU, Australia and New Zealand express shipping for an
additional fee is available. The express shipping time is 3-6 working
days.
If delivery of the products to you is delayed by an event outside our
control (e.g. because of postal/courier delays, logistics or bad weather),
we’ll let you know as soon as possible. If there is a risk of substantial
delay, you can contact us to cancel your order and we’ll refund you for
any products you’ve paid for but not received.
If no one is able to take delivery and the products cannot be posted
through your letterbox, the courier will notify you of the delivery
attempt and tell you how to rearrange delivery or collection of the
products.
We’re currently shipping to the following countries or territories:
North America
United States, Canada
Shipping from the US or China
Europe
European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Gibraltar, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, Sweden)
Andorra, Iceland, Lichtenstein, Monaco, Norway, Switzerland, United Kingdom
Shipping from the EU or China.
Australia and Oceania
Australia, New Zealand
Shipping from Australia or China.
Lifetime Guarantee
We stand 100% behind our products, goods and services and pay great
attention to detail in everything we do. We strongly believe you’ll be
happy with your purchase. We believe in the quality of our products so
much, that every physical product from Silverlight is covered by an
unconditional lifetime satisfaction guarantee. If you’re not satisfied
with any item, simply return it to us at any time for an exchange or
refund of the purchase price, no questions asked.
Our guarantee applies to Silverlight products that do not meet
expectations in terms of durability, comfort and fit, however, there are things that are not covered by our guarantee:
- Damage due to heat, fire etc. or any other damage not caused by wearing
the socks.
- Dog chews or other animal bites, damage due to intentional actions or
force majeure.
- Any losses after delivery and receipt of the products.
- Purchase of additional pairs with intention to return (e.g. ordering
multiple sizes and returning the ones that don’t fit)
We try to make our products as durable as possible (not just for our
customers, but also for sustainability), but any clothing product will
eventually wear out and needs to be replaced. If you feel like your
Silverlight product(s) met or exceeded the expected lifetime of the product
and you got a fair use out of what you paid, we encourage you to place a new
order.
Refunds, Returns, Exchanges & Cancellations
Orders for physical products you submit online may not be cancelled
online immediately. Online orders may be cancelled by contacting us by
email via hello@silverlight.store. Orders that are already processed may
not be cancelled, and you may need to wait until you receive the item in
order to return it. If you want to return or exchange an item please
contact us at hello@silverlight.store. Returns & exchanges due to any
problems with our physical products are covered by our free return
shipping policy. Refund requests received within 90 days of purchase will
be issued to the original form of payment when available. Refunds
processed beyond 90 days will be issued via Silverlight store credit for
future purchases.
Non-Fungible Tokens (NFTs)
You acknowledge and agree that there are inherent risks associated with
NFTs and that such risks extend to your use of the Services. These risks
include, but are not limited to, the failure of hardware, software or
internet connections, the risk of malicious software introduction and the
risk of unauthorized access to your Account or NFT Wallets. It is your
responsibility to familiarize yourself with the risks involved with NFTs,
their protocols and networks. Use of the Services does not remove these
risks. Silverlight is not responsible for any communication failures,
disruptions, errors, distortions or delays when using the Services,
however they may be caused.
You acknowledge that an NFT has no inherent value nor does Silverlight or
any third party promise that an NFT has or will ever have any specific
value. Transactions can take time to be confirmed and may, in some cases,
not be completed. For example, if you initiate a withdrawal Transaction to
settle NFTs to an External Wallet and you provide an incorrect or
incomplete address, the withdrawn NFTs may be lost and may not be
recoverable. If you attempt to send or receive NFTs that are not supported
by the Services, the NFTs may be lost entirely and may not be recoverable.
In no event will Silverlight be liable to you or to any third party for
any of the foregoing.
If the Services post a dollar value in association with a specific NFT in
your Hosted Wallet, such posting shall not constitute a representation as
to the actual or projected value of such asset. Instead, such posting
constitutes either: (i) the potential value attributed to the NFT by
another User; or (ii) Third Party Content published to the Site or Account
for your general information only, and you should not rely on such posting
for any financial decision. You agree that it is your responsibility to
independently ascertain the value of your NFTs, without relying on the
Services. Silverlight is not, itself, offering to purchase or sell any
NFTs from you or to you under this Agreement. You agree that you shall not
make any claim against Silverlight that alleges, in whole or in part, that
any NFT has anything more than nominal value.
You understand and accept that there are also inherent risks associated
with using any NFTs network, including Approved Networks. These risks
include, but are not limited to, unanticipated changes to the network
protocol or unknown vulnerabilities which may include or result in
underlying technology attacks. Other possible risks may include forks or
rollbacks of NFTs, networks, or blockchains. Silverlight has no control
over any Approved Networks and will not be responsible for any loss you
suffer when you transact via any Approved Network.
Reviews & Feedback
We welcome your reviews, comments, feedback, suggestions, and other
communications regarding the Services and the information and services we
make available through the Services (collectively, “Feedback”). If you
provide Feedback, you hereby grant to Silverlight a worldwide,
non-exclusive, transferable, assignable, sub-licensable, perpetual,
irrevocable, royalty-free license to copy, distribute, create derivative
works of, publicly display and perform and otherwise exploit such Feedback
and to use, make, have made, sell, offer for sale, import and export
products and services based on such Feedback. For this reason, we ask that
you not send Silverlight any Feedback that you do not wish to license to
us as set forth above.
Feedback may be subject to moderation. We only publish Feedback that does
not contain content which we believe to be offensive, including language
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, or racially, ethically, or otherwise
objectionable. Making feedback publicly available is under the sole
discretion of Silverlight.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE
SERVICES INCLUDING ALL INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND PARTS
OF IT MADE AVAILABLE THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THAT
THE SERVICES ARE PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE,
OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND
HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART
OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR
RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR
PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR
WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET
YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA
PROVIDED THROUGH THE APP WILL BE ACCURATE; (IV) THE SERVICES OR PART OF IT
OR ANY CONTENT, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU
DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS,
SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND
DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR
RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS
NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS
THE RESULT OF YOUR USE OF THE FLOW NETWORK, OR YOUR 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,
BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, THE FLOW NETWORK,
OR ANY ELECTRONIC WALLET.
NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE
OWNERSHIP RECORD MAINTAINED IN THE FLOW NETWORK. ALL SMART CONTRACTS ARE
CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE FLOW NETWORK.
WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO
SMART CONTRACTS.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER
FEATURES OF THE FLOW NETWORK, OR ANY 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 FLOW NETWORK,
INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND
LOSSES AS A RESULT.
YOU EXPRESSLY AGREE THAT SILVERLIGHT IS NOT PROVIDING MEDICAL ADVICE VIA
THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL
TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND
AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER
ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE
USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL
PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR
OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY
PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS,
PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY.
SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU
SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE
BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE
THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A
HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR
IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT
CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER
HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND SILVERLIGHT.
YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
RUNNING, OR HIKING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF
PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME
ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF
CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF
SILVERLIGHT OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE SILVERLIGHT, ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE
“RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR
ACTIVITIES AND/OR USE OF THE SILVERLIGHT WEBSITES, MOBILE APPLICATIONS,
CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES
FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH
USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF
EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY SILVERLIGHT, (c) YOUR
DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE
THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES
EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF SILVERLIGHT HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.
Dispute Resolution
The parties shall use their best efforts to settle any dispute, claim,
question, or disagreement directly through good-faith negotiations, which
shall be a precondition to either party initiating a lawsuit or
arbitration. Except for disputes relating to the Silverlight’s
intellectual property (such as trademarks, trade dress, domain names,
trade secrets, copyrights, and patents) or if you opt out of this
agreement to arbitrate, all claims arising out of or relating to this
Agreement and your use of the Services shall be finally settled by binding
arbitration administered by the Hong Kong International Arbitration Centre
in accordance with its provisions and procedures for consumer-related
disputes, excluding any rules or procedures governing or permitting class
actions. The arbitrator, and not any court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to this
Agreement, including, but not limited to, any claim that all or any part
of this Agreement is void or voidable. The arbitrator shall be empowered
to grant whatever relief would be available in a court; provided, however,
that the arbitrator will not have authority to award damages, remedies, or
awards that conflict with this Agreement. The arbitrator’s award shall be
binding on the parties and may be entered as a judgment in any court of
competent jurisdiction. The place of arbitration shall be in Hong Kong at
HKIAC. There shall only be one arbitrator. The languages to be used in the
arbitral proceedings shall be English.
NOTICE: BOTH YOU AND SILVERLIGHT ARE AGREEING TO HAVE ALL DISPUTES,
CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT
DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT
MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY
AGREEING TO THIS AGREEMENT, BOTH YOU AND SILVERLIGHT ARE GIVING UP THEIR
RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT
THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. IF ANY PARTY
REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT
PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR PROVINCIAL LAW. BOTH
YOU AND SILVERLIGHT CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION
IS VOLUNTARY.
General
You agree that no joint venture, partnership, joint controllership,
employment or agency relationship exists between you and Silverlight as a
result of the Terms or your use of the Services. The Terms and
Privacy Policyconstitute the entire agreement between you and Silverlight with respect
to your use of the Services. The failure of Silverlight to exercise or
enforce any right or provision of the Terms shall not constitute a waiver
of such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should give effect to the parties’ intentions as
reflected in the provision, and the other provisions of the Terms remain
in full force and effect. You may not assign, delegate or otherwise
transfer your account or your obligations under these Terms without the
prior written consent of Silverlight. Silverlight has the right, in its
sole discretion, to transfer or assign all or any part of its rights under
these Terms and will have the right to delegate or use third party
contractors to fulfill its duties and obligations under these Terms and in
connection with the Services. Silverlight’s notice to you via email,
regular mail or notices, posts, or links on the Services shall constitute
acceptable notice to you under the Terms. A printed version of the Terms
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to the Terms to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. Section
titles and headings in the Terms are for convenience only and have no
legal or contractual effect. Any rights not expressly granted herein are
reserved.
Termination
You agree that Stilverlight may, under certain serious circumstances and
without prior notice, immediately suspend or terminate your account and/or
access to the Services. Cause for such suspension or termination shall
include, but not be limited to, (a) breaches or violations of the Terms or
other incorporated agreements, policies or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material
modification to the Services (or any portion thereof), (e) unexpected
technical or security issues or problems, (f) extended periods of
inactivity, and/or (g) nonpayment of any fees owed by you in connection
with the Services. Termination of your account may include (x) removal of
access to all offerings within the Services, (y) deletion of your
information, files and Content associated with your account, and (z)
barring of further use of the Services. Further, you agree that all
suspensions or terminations for cause shall be made in Silverlight’s sole
discretion and that Silverlight shall not be liable to you or any third
party for any suspension or termination of your account or access to the
Services.
Updates
Certain provisions of the Terms may be supplemented or superseded by
expressly designated legal notices or terms located on particular pages on
the Services. Silverlight reserves the right to update the Terms at any
time and for any reason in its sole discretion. Silverlight will notify
you of any material changes to the Terms or to any service or other
features of the Services. By continuing to access or use the Services
after we have provided you with notice of a modification, you are agreeing
to be bound by the modified Terms. If the modified Terms are not
acceptable to you, your only recourse is to cease using the Services.
Silverlight and its third party service providers may make improvements
and/or changes in the Services, products, services, mobile applications,
features, programs, and prices described at any time and for any reason in
its sole discretion. The mobile application may download and install
upgrades, updates and additional features in order to improve, enhance,
and further develop the Services. Silverlight reserves the right at any
time to modify or discontinue, temporarily or permanently, the Services or
any portion thereof with or without notice. You agree that Silverlight
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Services.
These terms have been last updated on January 25th, 2023.
