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<!DOCTYPE html>
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<h1 id="darynodes-terms-of-service">DaryNodes Terms Of Service</h1>
<p>Terms of Service ("Terms")</p>
<p>Our Terms of Service were last updated on 28th January 2022.</p>
<p>Please read these terms and conditions carefully before using Our Service.</p>
<h2 id="interpretation-and-definitions">Interpretation and Definitions</h2>
<h3 id="interpretation">Interpretation</h3>
<p>The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.</p>
<h3 id="definitions">Definitions</h3>
<p>For the purposes of these Terms of Service:</p>
<ul>
<li>“Account” means a unique account created for You to access our Service or parts of our
Service.</li>
<li>“Company” (referred to as either "the Company", "We", "Us"
or "Our" in this Agreement) refers to our company, Darynodes.</li>
<li>“Country” refers to India.</li>
<li>“Content” refers to content such as server files, images and text, or other information
that can be posted, uploaded, linked to or otherwise made available by You, regardless
of the form of that content. It is usually made available on the Service.</li>
<li>“Device” means any device that can access the Service such as a computer, a cell phone
or a digital tablet.</li>
<li>“Feedback” means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.</li>
<li>“Service” refers to the Hosting Service that we provide, and the Website.</li>
<li>“Terms of Service” (also referred as "Terms") mean these Terms of Service that
form the entire agreement between You and the Company regarding the use of the Service.
</li>
<li>“Third-party Social Media Service” means any services or content (including data,
information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.</li>
<li>“Hosting Service” refers to the Darynodes hosting service, where we provide Minecraft
servers to play on.</li>
<li>“Website” refers to the Darynodes website, accessible from <a
href="https://darynodes.in/">https://darynodes.in/</a>.</li>
<li>“You” means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.</li>
</ul>
<h2 id="acknowledgement">Acknowledgement</h2>
<p>These are the Terms of Service governing the use of this Service and the agreement that
operates between You and the Company. These Terms of Service set out the rights and
obligations of all users regarding the use of the Service.</p>
<p>Your access to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms of Service. These Terms of Service apply to all visitors, users and others
who access or use the Service.</p>
<p>By accessing or using the Service You agree to be bound by these Terms of Service. If You
disagree with any part of these Terms of Service then You may not access the Service.</p>
<p>You represent that you are over the age of 13. The Company does not permit those under 13 to
use the Service unless explicit permission from a Parent/Guardian over the age of 18 is
given.</p>
<p>Your access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies
and procedures on the collection, use and disclosure of Your personal information when You
use the Application or the Website and tells You about Your privacy rights and how the law
protects You. Please read Our Privacy Policy carefully before using Our Service.</p>
<h2 id="user-accounts">User Accounts</h2>
<p>When You create an Account with Us, You must provide Us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms,
which may result in immediate termination of Your Account on Our Service.</p>
<p>You are responsible for safeguarding the password that You use to access the Service and for
any activities or actions under Your password, whether Your password is with Our Service or
a Third-Party Social Media Service.</p>
<p>You agree not to disclose Your password to any third party. You must notify Us immediately
upon becoming aware of any breach of security or unauthorized use of Your account.</p>
<p>You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than You without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene.</p>
<h2 id="content">Content</h2>
<h3 id="your-right-to-post-content">Your Right to Post Content</h3>
<p>Our Service allows You to post Content. You are responsible for the Content that You post to
the Service, including its legality, reliability, and appropriateness. We will not modify,
publicly perform, publicly display, reproduce, and distribute your Content. You retain any
and all of Your rights to any Content You submit, post or display on or through the Service
and You are responsible for protecting those rights. </p>
<p>You represent and warrant that: (i) the Content is Yours (You own it) or You have the right
to use it and grant Us the rights and license as provided in these Terms, and (ii) the
Content doesn’t violate our Content restrictions.</p>
<h3 id="content-restrictions">Content Restrictions</h3>
<p>The Company is not responsible for the content of the Service's users. You expressly
understand and agree that You are solely responsible for the Content and for all activity
that occurs under your account, whether done so by You or any third person using Your
account.</p>
<p>You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such
objectionable Content include, but are not limited to, the following:</p>
<ul>
<li>Unlawful or promoting unlawful activity.</li>
<li>Defamatory, discriminatory, or mean-spirited content, including references or commentary
about religion, race, sexual orientation, gender, national/ethnic origin, or other
targeted groups.</li>
<li>Spam, machine – or randomly – generated, constituting unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation, or any form of
lottery or gambling.</li>
<li>Containing or installing any viruses, worms, malware, trojan horses, or other content
that is designed or intended to disrupt, damage, or limit the functioning of any
software, hardware or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of a third person.</li>
<li>Infringing on any proprietary rights of any party, including patent, trademark, trade
secret, copyright, right of publicity or other rights.</li>
<li>Impersonating any person or entity including the Company and its employees or
representatives.</li>
<li>Violating the privacy of any third person.</li>
<li>False information and features.</li>
<li>Content related to crypto-mining and crypto-currencies on the Service.</li>
</ul>
<p>The Company reserves the right, but not the obligation, to, in its sole discretion, determine
whether or not any Content is appropriate and complies with this Terms, refuse or remove
this Content. The Company can also limit or revoke the use of the Service if You post such
objectionable Content. As the Company cannot control all content posted by users and/or
third parties on the Service, you agree to use the Service at your own risk. You understand
that by using the Service You may be exposed to content that You may find offensive,
indecent, incorrect or objectionable, and You agree that under no circumstances will the
Company be liable in any way for any content, including any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of your use of any content.
</p>
<p>Everyone who consumes the Content must also agree to these Terms.</p>
<h3 id="content-backups">Content Backups</h3>
<p>Content backups are your responsibility. We will not backup your Content in any way. The
Company will provide support and attempt to troubleshoot any known or discovered issues that
may affect your Content. But You acknowledge that the Company has no liability related to
the integrity of Content or the failure to successfully restore Content to a usable state.
</p>
<h2 id="copyright-policy">Copyright Policy</h2>
<h3 id="intellectual-property-infringement">Intellectual Property Infringement</h3>
<p>We respect the intellectual property rights of others. It is Our policy to respond to any
claim that Content posted on the Service infringes a copyright or other intellectual
property infringement of any person.</p>
<p>If You are a copyright owner, or authorized on behalf of one, and You believe that the
copyrighted work has been copied in a way that constitutes copyright infringement that is
taking place through the Service, You must submit Your notice in writing to the attention of
our copyright agent via email ([email protected]) and include in Your notice a detailed
description of the alleged infringement.</p>
<p>You may be held accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing Your copyright. Upon receipt of a
notification, the Company will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged content from the Service.</p>
<h3 id="intellectual-property">Intellectual Property</h3>
<p>The Service and its original content (excluding Content provided by You or other users),
features and functionality are and will remain the exclusive property of the Company and its
licensors.</p>
<p>Our trademarks and trade dress may not be used in connection with any product or service
without the prior written consent of the Company.</p>
<h2 id="your-feedback-to-us">Your Feedback to Us</h2>
<p>You assign all rights, title and interest in any Feedback You provide the Company. If for any
reason such assignment is ineffective, You agree to grant the Company a non-exclusive,
perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce,
disclose, sub-license, distribute, modify and exploit such Feedback without restriction.</p>
<h2 id="links-to-other-websites">Links to Other Websites</h2>
<p>Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company.</p>
<p>The Company has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further acknowledge and
agree that the Company shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through any such web sites
or services.</p>
<p>We strongly advise You to read the terms and conditions and privacy policies of any
third-party web sites or services that You visit.</p>
<h2 id="termination">Termination</h2>
<p>We may terminate or suspend Your Account immediately, without prior notice or liability, for
any reason whatsoever, including without limitation if You breach these Terms of Service.
Your Content will be removed soon thereafter.</p>
<p>Upon termination, Your right to use the Service will cease immediately. If You wish to
terminate Your Account, You may simply discontinue using the Service.</p>
<h2 id="limitation-of-liability">Limitation of Liability</h2>
<p>To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, consequential or direct damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or
other information, for business interruption, for personal injury, loss of privacy arising
out of or in any way related to the use of or inability to use the Service, third-party
software and/or third-party hardware used with the Service, or otherwise in connection with
any provision of this Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential purpose.</p>
<h2 id="-as-is-and-as-available-disclaimer">"AS IS" and "AS AVAILABLE"
Disclaimer</h2>
<p>The Service is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent permitted under
applicable law, the Company, on its own behalf and its respective licensors and service
providers, expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of merchantability,
fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing, course of
performance, usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind that the
Service will meet Your requirements, achieve any intended results, be compatible or work
with any other software, applications, systems or services, operate without interruption,
meet any performance or reliability standards or be error free or that any errors or defects
can or will be corrected. </p>
<p>Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and materials or
products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii)
as to the accuracy, reliability, or currency of any information or content provided through
the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on
behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.</p>
<p>Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set
forth in this section shall be applied to the greatest extent enforceable under applicable
law.</p>
<h2 id="governing-law">Governing Law</h2>
<p>The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and
Your use of the Service.</p>
<h2 id="disputes-resolution">Disputes Resolution</h2>
<p>If You have any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.</p>
<h2 id="for-european-union-eu-users">For European Union (EU) Users</h2>
<p>If You are a European Union consumer, you will benefit from any mandatory provisions of the
law of the country in which you are resident in.</p>
<h2 id="severability-and-waiver">Severability and Waiver</h2>
<h3 id="severability">Severability</h3>
<p>If any provision of these Terms is held to be unenforceable or invalid, such provision will
be changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full
force and effect.</p>
<h3 id="waiver">Waiver</h3>
<p>Except as provided herein, the failure to exercise a right or to require performance of an
obligation under these Terms shall not effect a party's ability to exercise such right
or require such performance at any time thereafter nor shall the waiver of a breach
constitute a waiver of any subsequent breach.</p>
<h2 id="changes-to-these-terms-of-service">Changes to These Terms of Service</h2>
<p>We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
If a revision is material We will make reasonable efforts to provide at least 10 days'
notice prior to any new terms taking effect. What constitutes a material change will be
determined at Our sole discretion.</p>
<p>By continuing to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,
please stop using the Website and the Service.</p>
<h2 id="contact-us">Contact Us</h2>
<p>If you have any questions about these Terms of Service, You can contact us by visiting the
“Contact Us” page on our Website.</p>
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