General and Contact Information. 

 

This Platform (www.mundocrypto.com) is provided by: 

 

EVIVA ED Computer Training LLC 

Brand name: “MUNDOCRYPTO” 

UBora Commercial Tower, Business Bay,  

Dubai, United Arab Emirates (UAE). 

Email ID: Legal@mundocrypto.com 

 

 

INTRODUCTION. 

These Terms of Use belong to EVIVA ED Computer Training LLC, hereinafter referred to as “EVIVA ED”, “we”, “us”, “our”, or by its brand name: “MUNDOCRYPTO”.  This Platform (the «Platform») and a variety of other features and services, such as websites (http://www.mundocrypto.com, http://www.news.mundocyrpto.com, http://www.academy.mundocrypto.com, and http://www.tv.mundocrypto.com), including any content, functionality, customer support, or other interactive areas or services offered on or through the Websites as well as any software and applications, standalone or part of the Services, including mobile applications, forums and content files (collectively, the “Software”) is provided by Mundocrypto to its users whether as a visitor or a registered user (hereinafter referred to as “user”, “you” or “your”), to enable the users to learn, play, create, and connect. The Platform and all other features and services are hereinafter referred to collectively as the «Services«).  

 

Mundocrypto has developed terms and conditions (collectively, the «Mundocrypto Terms») that apply to the use of the Services by Users to maximize the experience of all users of the Services. These Mundocrypto Terms may also be generally referred to as the «Terms of Use.» 

 

Certain Mundocrypto Terms may only apply to specific Services, so read and understand them fully. After all, the Mundocrypto Terms constitute a legally binding contract between Users and Mundocrypto. 

 

Finally, these Mundocrypto Terms include several Platform-specific terms that are normally capitalized. Unless otherwise specified in these Mundocrypto Terms, definitions for Mundocrypto-specific capitalized words can be found in the Mundocrypto Glossary. 

 

MUNDOCRYPTO TERMS. 

To get you started, here’s a list of the Mundocrypto Terms, as well as a quick discussion of what and who they cover: 

 

  • User Terms: The User Terms apply to all Users of the Services (including Creators) and give an overview as well as the corresponding rules for things like (i) account creation, (ii) utilizing MC Token, (iii) trading Virtual Items, and (iv) forbidden Platform activities. The User Terms also address some of the more technical legal terms that regulate how the Services are used, such as intellectual property ownership, online safety, disclaimers, and other critical legal terms. 
  • Creator Terms: The Mundocrypto Creator Terms apply to Creators operating in their position as Creators and encompass topics such as (i) using Mundocrypto Studio, (ii) offering Experiences and Virtual Items, (iii) playing music on the Platform, (iv) prohibited behaviours on the Platform, and many more. 
  • Mundocrypto Community Standards: The Mundocrypto Community Standards apply to all Users of the Services and explain what type of behaviour is and is not acceptable when using the Services. 
  • The Mundocrypto Name and Logo Community Usage Guidelines (“Mundocrypto TM Guidelines”): The Mundocrypto Name and Logo Community Usage Guidelines («Mundocrypto TM Guidelines») apply to all Users and define the terms and conditions under which specific Mundocrypto intellectual property may be used. 

 

OTHER GUIDELINES.  

  • Privacy Policy: The Mundocrypto Privacy Policy («Privacy Policy») defines the terms that apply to User data collected and Mundocrypto’s use of that data. 
  • Mundocrypto Accessibility Policy: The Mundocrypto Accessibility Policy details Mundocrypto’s commitment to making the Services accessible and useable for people with disabilities, as well as to providing a fun, safe, and equitable experience for all Users. 

 

MUNDOCRYPTO USER TERMS. 

These User Terms (the «User Terms») outline the rules and norms that govern Users’ use of the Platform and other Services, and they apply to all Users of the Services. These User Terms, coupled with the supplementary Creator Terms, regulate what is known as User Generated Content, or «UGC.» UGC is any type of content, whether material, assets, or otherwise, that Users (including Creators) upload to, create and publish on, or otherwise generate through or make available on the Services. Any User who has caused UGC to appear on the Services is subject not only to these User Terms, but also to the additional Creator Terms, which are incorporated by reference herein. All Users are also bound by any other applicable Mundocrypto Terms, which can be found in the Mundocrypto Legal Terms section. 

 

These User Terms include many of the terms that apply to Users, but they also include cross-references to additional Mundocrypto Terms that may apply to Users (for example, the Mundocrypto Community Standards, so be sure to read and understand those other Mundocrypto Terms as well, since Users are responsible for abiding by them). Any capitalized terms used but not specified in these User Terms are defined in another set of Mundocrypto Terms, thus if a User is unsure what a capitalized phrase means, they should consult the Mundocrypto Glossary. 

 

LEGAL AGREEMENT.

    1. Acceptance of User Terms. Any User that uses the Services agrees to these User Terms as well as any other applicable Mundocrypto Terms mentioned in the Mundocrypto Legal Terms section. If a User is not legally permitted to or is under the age of 18, the User may not agree to these User Terms or any other Mundocrypto Terms. Users under the age of 18 («Minor Users») must have the permission of a parent or legal guardian (a «Guardian») to use the Services and agree to these User Terms and the other applicable Mundocrypto Terms. By allowing a Minor to use the Services, the Guardian agrees to be bound by these User Terms and any other relevant Mundocrypto Terms and accepts responsibility for the Minor’s behaviour on the Services. If a User (or, as appropriate, a Minor’s Guardian) does not agree to these User Terms or any other Mundocrypto Terms, the User may not use the Services. 
    2. Changes to the Terms. Mundocrypto will provide Users with reasonable advance notice of any material updates or modifications to these User Terms and any other Mundocrypto Terms (which notice may, (i) be provided to Users by any reasonable means of notification, including by email or posting on the Platform, and (ii) to Users in the DevEx Program, by email), provided that non-material changes (as determined by us) or updates or modifications that address new or changing circumstances are not material changes). If the User does not agree to any changes or amendments to these User Terms or any other Mundocrypto Terms, the User must stop using the Services. If the User uses the Services after we have posted revisions to these User Terms or other Mundocrypto Terms, then, the User is considered to have accepted the amended User Terms and other Mundocrypto Terms. Any Dispute addressed by these User Terms, or any other Mundocrypto Terms will be resolved in accordance with the dispute resolution terms hereunder. 
    3. Updates to the Services. Unless the update includes a separate license, the terms of that license will govern, these User Terms and any other applicable Mundocrypto Terms will govern any changes to the Services that we create or provide to Users. We reserve the right to change the Services for any reason, including to comply with the law, safeguard Users, or defend Our reputation. We also reserve the right to change or suspend the Services (or any portion thereof) at any time upon notice, which may be sent to Users via email or posted on the Platform (and such notice shall be effective immediately after such email is sent or such notice is posted), and without liability to Users.  
    4. Termination of User Terms. The rights and duties of Mundocrypto and the User to each other will terminate if these User Terms or any other Mundocrypto Terms are terminated, except that all terms of these User Terms or any other Mundocrypto Terms that are to survive expiration or termination will remain in effect. 

 

USER ACCOUNTS.   

  1. Account Creation. Users must create a Mundocrypto account («Account») to use some parts of the Services. Users promise to give true and accurate information to Mundocrypto and to keep the information up to date. Mundocrypto may take efforts to ensure that the information that Users provide is correct. A User must never allow anyone else to use his or her account (except for Guardians in the case of a Minor User). If a user suspects that their account is not safe, they must immediately notify Mundocrypto by using the contact details provided herein. You must report to us immediately if someone requests for your password or personal information. 
  2. Termination or Suspension of Account. If a User violates these User Terms or any other applicable Mundocrypto Terms, we may end the User’s right to use the Services. Mundocrypto may also terminate a User’s Account in accordance with its termination policy in appropriate circumstances. Users who violate these User Terms or any other applicable Mundocrypto Terms will not be entitled to anything from Mundocrypto, thus all Users must follow the rules! A Guardian may request Us to terminate a Minor User’s account by contacting Us directly using our contact details provided herein. In response to a breach of these User Terms (or other applicable Mundocrypto Terms) by a User, We may (i) suspend or terminate the User’s Account or the User’s access to the Services, or (ii) remove any Virtual Items or other content that the User has on the Platform. 

 

RESTRICTIONS ON THE SERVICES.  

Users may not, in addition to any other restrictions set out in these User Terms or any other Mundocrypto Terms, do the following: 

  1. lease, lend, sell, redistribute, or sublicense any part of the Services, 
  2. copy, modify, distribute, publicly perform, or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology, 
  3. try to get around any technological measure designed to protect the Services, or any technology associated with the Services, 
  4. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open-source license governing such code expressly permits reverse engineering, copying or other modification), 
  5. use the Services to create malicious or abusive content (as determined by Mundocrypto) or any content that violates our guideline or policy; or 
  6. use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws. 

LICENSE TO USE THE SERVICES.  

Subject to Users compliance with these User Terms and any other Mundocrypto Terms, Mundocrypto grants User a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that the User owns or controls for the User’s personal, and entertainment use, including the right to download and use, in connection with the Services, software that Mundocrypto makes available for download as part of the Services, in object code form only.  

 

OWNERSHIP OF MUNDOCRYPTO IP/UGC CREATED WITHIN THE PLATFORM.  

The interfaces, visuals, trademarks, design, information, artwork, data, code, products, software, and all other parts of the Services (the «Mundocrypto Intellectual Property» or «Mundocrypto IP») are legally protected. All Mundocrypto IP are owned by Mundocrypto and its licensors. UGC licensed to Mundocrypto by Creators under the Creator Terms is included in Mundocrypto IP. Except as expressly permitted in these User Terms or any other Mundocrypto Terms, Users may not utilize any Mundocrypto IP contained in the Services unless separately authorized by the owner. Mundocrypto reserves all Mundocrypto IP rights not expressly granted in these User Terms or elsewhere in the Mundocrypto Terms. Some Experiences also additionally permit independent UGC production within the Experience by the Users of that Experience. Users who create UGC separately within an Experience grant Roblox and the Creator of the applicable Experience a worldwide, perpetual, royalty-free, irrevocable right, and non-exclusive license to use and exploit that UGC in any manner or media without any obligation, including any obligation to pay royalties or other compensation to any person or party. If such Users create a Modified Model (defined below), the User hereby assigns all right, title, and interest in that Modified Model to Roblox; Roblox, in turn, grants both User and Creator a non-exclusive license to use and exploit that Modified Model within the Platform without any obligation (except those otherwise specified in these Terms of Use), including any obligation to pay royalties or other compensation to any person. 

 

INTELLECTUAL PROPERTY INFRINGMENT AND NOTICE.  

  1. Trademark Infringement: Our regulations forbid you from submitting UGC that violates trademarks. If you provide UGC that infringes on the rights of others, your UGC may be restricted or withdrawn. If you are a trademark owner and you believe your trademark is being infringed upon, please be aware that we are unable to mediate disputes between users and trademark owners. Having said that, we take your rights seriously. As a result, we will investigate and attempt to remedy any complaints of trademark infringement. If you believe your trademark rights have been violated, please contact us at Legal@mundocrypto.com. Please provide the following details in writing when contacting us: 
  2. An electronic or physical signature of the person authorized to act on the owner’s behalf; 
  3. A description of the allegedly infringed trademark right; 
  4. A description of the allegedly infringing material and its location; 
  5. Your mailing address, phone number, and email address;
  6. A statement from you stating that you believe, in good faith, that the use of such items is not authorized by the trademark owner, its agent, or the law; and 
  7. A statement from you that the information in your notice is correct and that, under penalty of perjury, you are the trademark owner or authorized to act on behalf of the copyright or intellectual property owner. 
  8. Policy for repeated infringements: Our intellectual property policy is to: (1) remove or disable access to material that we know infringes the intellectual property rights of third parties or that has been identified in a valid infringement notice (including DMCA notice) submitted by an intellectual property rights owner or his or her agent; and (ii) terminate the Accounts of and block access to the Services by any User who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights. 
  9. Notice: We ask that you respect others’ intellectual property rights as much as we do. If you believe that any content on the Services violates your copyrights and you are a copyright owner or an agent of a copyright owner (other than content you have already uploaded to our platform and to which the User-to-User Complaint Process applies as described below), you may file a complaint under the applicable laws (including Digital Millennium Copyright Act («DMCA») by contacting at Legal@mundocrypto.com. If a copyright holder is under the age of 13, a notice must be sent by a parent or other representative of the rightsholder, rather than by an under-13 user directly. You acknowledge that if you do not meet all of the conditions herein, your notice may be invalid. You must supply the following information in writing: 
  10. A digital or physical signature of the person authorized to act on behalf of the owner of the infringed copyright or other right; 
  11. A description of the copyrighted work or other intellectual property right that you think has been violated; 
  12. A description of the allegedly infringing material and its location; 
  13. Your mailing address, phone number, and email address; 
  14. A declaration from you stating you have a good faith conviction that the use of such materials is not permitted by the copyright owner, its agent, or the law; and 
  15. A statement from you that the information in your notice is correct and that, under penalty of perjury, you are the owner of the copyright or intellectual property or are authorized to act on its behalf. 
  16. Counter-Notice: If you feel that your content is not infringing or that you have permission from the copyright owner, the copyright owner’s agent, or as required by law to post and use the material in your content, you may send a counter-notice to us at Legal@mundocrypto.com regarding any content that has been removed or disabled. A parent or other adult representative must file any counter-notice on behalf of an under-13 User. After receiving a counter-notice from our Legal Department, we may send a copy of that counter-notice to the person who first filed the complaint, reminding them that they have 12 business days to replace the removed content or request that we stop blocking it. The withdrawn content might be returned, or access to it might be restored, in 12 to 15 business days or more following receipt of the counter-notice, at our exclusive discretion, unless the copyright owner files a lawsuit asking a judge to order us to remove it. 

 ITEMS OF OTHERS. 

  1. Third Party Services. Some aspects of the Services may include third-party content, tools, or other resources (i.e., people or entities other than Mundocrypto) («Third-Party Services»). Depending on the age of the User, this could contain connections to other websites, features that allow Users to link User Accounts to other accounts (such as Facebook), or third-party buttons (such as «like» or «share» buttons). Mundocrypto has no control over or responsibility for Third-Party Services (including how those third parties use the information of Users). User acknowledges that by using the Services, he or she may be subject to third-party fees, terms, and/or policies, such as a privacy policy, and User agrees to pay all such fees and to abide by those terms and policies. 
  2. Disclaimer for Third-Party Services. Users acknowledges that by using the Services, they may encounter Third-Party Services that: (i) may be considered offensive or objectionable, (ii) may or may not be identified as having explicit language, (iii) may contain links or references to objectionable material, and (iv) may not be available in all countries or languages. Users agree to use the Services at their own risk and that Mundocrypto will not be liable to the Users for content (including Third-Party Services) that is objectionable, inaccurate, unlawful, unavailable, of low quality, or otherwise. 

 

ONLINE SAFETY.  

Mundocrypto is concerned about the safety of its users. If a User encounters any content or material on the Services that appear to recruit, entice, advertise, or solicit any person to commit a sexual or violent act, please use via Legal@mundocrypto.com to report the User and situation as soon as possible. 

 

DISCLAIMERS, AND NO WARRANTIES. 

  1. UGC Disclaimer: Except as required by applicable law, We are not liable for, and is not obligated to review, approve, edit, or regulate UGC uploaded or otherwise made available on the Services by Creators or others. However, We reserve the right to remove, alter, prohibit, or suspend the availability of any UGC that We believe it violates the Mundocrypto Terms or is otherwise objectionable at any time and without warning. Users acknowledge that when using the Services, they may encounter UGC from several sources, and that UGC may be erroneous, offensive, or objectionable. Users agree to relinquish, and do hereby waive, any legal or equitable claim or recourse that they have or may have against Us in connection with UGC. If We receive notification from a User or content owner that UGC allegedly violates the Mundocrypto Terms, We may investigate and decide whether to remove the UGC at any time, without notice. 
  2. “AS IS & AS AVAILABLE BASIS” THE SERVICES, AS WELL AS ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, ARE PROVIDED ON «AS IS» AND «AS AVAILABLE BASIS,» WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUNDOCRYPTO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES, AND AGENTS (COLLECTIVELY, THE «AFFILIATED PARTIES») DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND ALL MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND (B) ANY WARRANTY ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT TRANSLATIONS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.  
  3. No Responsibility. NO INFORMATION OR ADVICE GAINED BY USERS FROM MUNDOCRYPTO OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR MUNDOCRYPTO THAT IS NOT EXPRESSLY STATED IN THE MUNDOCRYPTO TERMS. USERS ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE THAT MAY OCCUR AS A RESULT OF USERS’ USE OF, OR ACCESS TO THE SERVICES, USERS’ DEALINGS WITH ANY OTHER USERS ON THE SERVICES, AND USERS’ USE OF ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

 

GENERAL LIMITATIONS OF LIABILITY.  

  1. No Consequential Damage. IN NO EVENT WILL MUNDOCRYPTO AND ITS AFFILIATED PARTIES BE LIABLE TO USERS (TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING FROM OR RELATED TO THE USER’S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUNDOCRYPTO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 
  2. Cap on Liability. MUNDOCRYPTO AND ITS AFFILIATED PARTIES’ TOTAL LIABILITY TO ANY USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE MUNDOCRYPTO TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000, TO THE MAXIMUM EXTENT PERMITTED BY APPLIC (EXCEPT AS NOTED IN THE ARBITRATION SECTION OR AS OTHERWISE SET FORTH IN THE CREATOR TERMS). 

 

GENERAL INDEMNITIES.  

Users accept responsibility for how they use the Services and agree to hold Mundocrypto and its Affiliated Parties harmless from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, resulting from or connected to: 

  1. User’s access to, use of, or alleged use of the Services; 
  2. User’s violation of any part of the Mundocrypto Terms, any representation, warranty, or agreement referenced in the Mundocrypto Terms, or any applicable law or regulation; 
  3. User’s actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or  
  4. any Dispute or issue between the User and any third party. 

Mundocrypto reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by the User (without reducing the User’s indemnification obligations with respect to that matter), and in that instance, the User undertakes to cooperate with Mundocrypto’s defense of the claim.  

 

DISPUTES SETTLEMENT.  

  1. Disputes. Except as otherwise provided below, User and Mundocrypto agree that any dispute arising out of or relating to the Mundocrypto Terms or the Services («Dispute») will be governed and resolved first through the Informal Dispute Resolution Requirements stated below, and only if those requirements are met, then through binding arbitration and not litigation. This agreement applies regardless of the legal theories at issue and whether the Dispute involves Mundocrypto, its subsidiaries, affiliates, or parent company, or any suppliers or service providers connected with the Services, or their officers, directors, employees, agents, or successors. THE USER AGREES TO GIVE UP HIS/HER RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR DISPUTES THAT ARE SUBJECT TO ARBITRATION. 
  2. Class Action Waiver. To the extent permissible by law, the User and Mundocrypto agree that neither party shall file a class action, class arbitration, or other similar representative action against the other. This class action waiver does not preclude the User and Mundocrypto from resolving Disputes through a court-approved class settlement.

Informal Dispute Resolution Requirements”.  

  1. Negotiation Period. Before beginning any arbitration (or any lawsuit, if an exception to arbitration applies), the User and Mundocrypto (the parties) agree to first participate in informal negotiations to attempt to negotiate a resolution of any Dispute for at least thirty (30) days. If either party requests it, these negotiations shall involve live vocal exchanges via telephone or other device. These informal negotiations will begin ten (10) days after a written notice is received from the User by Mundocrypto or from Mundocrypto by the User. These informal negotiations must be finished either by a written resolution agreed to by the parties or by a written notice from one party delivered 7-10 days before the conclusion of the 45-day informal dispute resolution period, precisely identifying each unresolved demand and the justification for it. 
  2. Notice. Mundocrypto will send alerts to the email address or billing address given by the user. Users will send notices to Mundocrypto via the Email: Legal@mundocrypto.com. A User’s initial notice of a Dispute must include the following information: (a) the full legal name of the User making the claim, (b) the username of the User’s Mundocrypto account, (c) the email address associated with the User’s Mundocrypto account, if any, (d) a description of the nature and basis of the claim, and (e) the specific result that is desired. 

 

“Arbitration Rules.” 

  1. Arbitrable Disputes. Except as otherwise specified below, Mundocrypto and the User agree that any Dispute that has met the Informal Dispute Resolution Requirements shall be resolved by binding arbitration by a neutral arbitrator and will not be litigated. Except for a limited right of appeal provided by federal law, the arbitrator’s ruling will be final. The arbitrator, like a court, may award the User damages, but only to the degree necessary to satisfy the User’s specific claim.  
  2. Arbitration. If the Dispute is not resolved within forty-five (45) days after a Party has made a written request (Request) for Negotiation or either Party fails to participate or ceases to participate in the Negotiation within forty (45) days after a Party has made a Request, then the Parties agree that the Dispute shall be finally determined by arbitration in accordance with the Arbitration Rules of the Dubai International Arbitration Centre (DIAC) Arbitration Rules, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one (1), who shall be appointed in accordance with the Arbitration Rules. The seat, or legal place of the arbitration, shall be the Dubai, UAE. The arbitration proceedings and award shall be conducted and written in the English language. The decision of the arbitrator shall be final and binding on all the Parties and the arbitral award shall be enforced by any competent court. 
  3. Mandatory Prerequisite to Arbitration or Litigation. Unless the Informal Dispute Resolution Requirements are met by the party desiring arbitration, the dispute will be resolved through arbitration (or litigation if an exception to arbitration applies) (or the party filing the lawsuit if an exception to arbitration applies). Disputes filed to arbitration in violation of the Informal Dispute Resolution Requirements will be rejected by DIAC and will be considered frivolous for the purposes of any fee shifting permitted by DIAC Rules. Any lawsuit filed in contravention of the Informal Dispute Resolution Requirements will be dismissed. If the User has complied with the Informal Dispute Resolution Requirements and if the User’s total claims are less than $10,000, Mundocrypto will reimburse the cost of the User’s filing fee, unless the arbitrator determines that the substance of User’s claims or remedy sought were frivolous or brought for an improper purpose as described in the DIAC Rules, in which case payment of any filing, administrative, or arbitrator fees will be determined by DIAC Rules. Regardless of any contrary provision in the Mundocrypto Terms, a successful party in arbitration will only be entitled to a shifting of fees and expenses if the DIAC Rules are followed. 
  4. Settlement Offer. The amount of any settlement offer made by Mundocrypto to a User (or User to Mundocrypto) during the arbitration proceedings may not be disclosed to the arbitrator prior to the arbitrator’s rendering of a final judgment and award. Mundocrypto will pay the User, the greater of (a) the arbitrator’s judgment or (b) $10,000 if the User prevails in the arbitration and receives a sum greater than that specified in Mundocrypto’s most recent written settlement offer. 
  5. No Consolidation and Enforceability. The arbitrator may grant injunctive relief only in favour of the individual parties to the arbitration and only to the extent necessary to provide relief that is called for by a particular claim. To the extent permitted by law, the arbitrator is not allowed to combine claims into a class action. Except for matters pertaining to the scope, interpretation, and enforcement of the Arbitration Terms herein, as well as the question of whether a Dispute can be arbitrated, only a court may make decisions on all other matters in the Dispute. Any court with jurisdiction may issue judgment based on an arbitral award. 
  6. Confidentiality. The arbitrator shall respect all legal evidentiary privileges and may issue protective orders for the parties’ trade secrets or sensitive information as necessary. The parties concur to keep each other’s designated sensitive information secret, and not to disclose the information or any part thereof.  
  7. Severability. Except for the Class Action Waiver, if any term of these Arbitration Terms is found to be unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect. If a court determines that applicable law precludes enforcement of these Arbitration Terms with respect to any claim for relief or remedy (such as declaratory or injunctive relief), that claim or remedy (and only that claim or remedy) must be severed from the arbitration, while the remaining claims and remedies (such as individual damages or restitution) will continue to be resolved through binding arbitration. 
  8. Exceptions to the Informal Dispute Resolution Requirements. Both the Informal Dispute Resolution Requirements and the Arbitration Terms do not apply to the following claims and actions: (i) enforcement proceedings through a federal, state, or municipal agency, if available; (ii) claims for infringement of patent, copyright, trademark, or trade secret rights; (iii) actions seeking solely injunctive relief with no award of attorneys’ fees or costs; and (iv) actions seeking GDPR remedies. 
  9. Opting Out of the Arbitration Terms. A User may opt out of the Arbitration Terms within thirty (30) days of using the Services, and the User may opt out of any major changes to the Arbitration Terms within thirty (30) days of Mundocrypto providing notice of those changes (unless a longer period is required by applicable law). To opt out of the Arbitration Terms or make modifications to them, send a notice titled «Arbitration Opt-Out Notice» to EVIVA ED Computer Training, Legal Department, via the Email: Legal@mundocrypto.com. The Arbitration Opt-Out Notice must include the following information: (a) the User’s full legal name, (b) the username of the User’s Mundocrypto account, and (c) the User’s email address. An opt-out notice has no effect on any earlier agreement to the Arbitration Terms. By declining to accept a change to the Arbitration Terms, the User agrees to arbitrate any Dispute in accordance with the text of the most recent Arbitration Terms agreed by the User. 
  10. Governing Law and Venue for Non-Arbitrable Disputes. The Mundocrypto Terms are governed by the laws of the Emirates of Dubai, without respect to conflict of law principles. The Arbitration Terms are subject to and governed by the Dubai International Arbitration Centre («DIAC») and the laws of the Emirates of Dubai, without respect to conflicts of laws principles. The arbitrator will not be bound by rulings in other related arbitrations. Disputes that are not subject to the Arbitration Terms or are severed from any arbitration may only be litigated in the federal or state courts of the Emirates of Dubai, and the parties’ consent to personal and exclusive jurisdiction in these courts, unless otherwise provided for by the GDPR. 

 

MISCELLANEOUS TERMS.  

  1. General. These User Terms, together with the other MUNDOCRYPTO Terms, make up the entire agreement between the User and Mundocrypto regarding the Services. Users may not assign the MUNDOCRYPTO Terms or User’s rights under the MUNDOCRYPTO Terms, by operation of law or otherwise, without Mundocrypto’s prior written consent. Mundocrypto may assign the Roblox Terms at any time to anyone without notice or consent. This agreement is binding on and inures to the benefit of Mundocrypto’s and User’s respective successors and assigns. If any part of the Mundocrypto Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from the MUNDOCRYPTO Terms), and the remaining parts will remain in full force and effect. Nothing in the MUNDOCRYPTO Terms will be deemed to confer any rights or benefits on a third party. THE USER AND MUNDOCRYPTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE STARTED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION ARISING, IF NOT, THE CAUSE OF ACTION WILL BE PERMANENTLY BARRED. 
  2. Waiver. No waiver of any part of the Mundocrypto Terms by either the User or Mundocrypto shall be deemed a continuing or further waiver of any such part or any other part of the Mundcorypto Terms, and Mundocrypto’s or the User’s failure to assert any rights or part of the Mundocrypto Terms shall not be deemed or otherwise constitute a waiver of such right or part. 
  3. Interpretation. The section headers in the Mundocrypto Terms are for convenience and will not impact the interpretation of the Mundocrypto Terms. Be aware that in all cases where Mundocrypto is allowed to decide under the Mundocrypto Terms, that decision is completely up to Mundocrypto. Also, the User understands that the Mundocrypto Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word “including,” or similar is found in the Mundocrypto Terms, it means “including, without limitation” and whenever the word “or,” is found in the Mundcrypto Terms, it means “and/or.” 
  4. Consent to Online Communications. By using the Services, the User agrees to receive certain electronic communications from Mundocrypto as described in the Privacy Policy (which User should read for more information). User agrees that any notices, agreements, or other messages that Mundocrypto sends to the User electronically (including via WhatsApp) will satisfy any legal requirements. 
  5. Compliance with Laws. When using the Services, the User will comply with all applicable laws. The User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services). 
  6. Prevailing Language. If any of the Mundocrypto Legal Terms are made accessible in additional languages, any differences, or conflicts between the English version of the Mundocrypto Legal Terms and any other language version of the Mundocrypto Legal Terms will dominate and prevail. 
  7. Contact Information. The Services are offered by EVIVA ED Computer Training LLC located at 3102, UBORA COMMERCIAL TOWER, Business Bay, Dubai – United Arab Emirates (UAE). Users can contact Roblox by sending any messages to that address, or by emailing Legal@mundocrypto.com