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Condiciones de uso

Effective date: 11.06.2018.

Please read the following terms of use thoroughly. By accessing or using the Site (as defined below) and/or Service (as define below) available through the Site, you hereby agree to be bound contractually by and firmly adhere to these Terms of Use, as they may be amended or supplemented from time to time. If you do not accept these Terms of Use, you may not access the Site and use the Service.

General Provisions

  1. The capitalized terms used in these Terms of Use shall have the following meaning:
    1. Provider – an entity providing access to the Site and the Service available through the Site, that is Red Sky Sp. z o.o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Aleja Piastów 22, Szczecin 71-064, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Szczecin-Centrum in Szczecin – the Commercial Court, XIII Commercial Department of the National Court Register, with KRS number 0000209107, NIP (tax identification number): 6422683651 and REGON (national business registry number): 276822679, amount of the share capital of PLN 1,046,000.00
    2. Contact Form – an electronic document placed on the Site, dedicated to contact with the Provider.
    3. Sign-up Form – an electronic document placed on the Site, dedicated to sign up for the Service.
    4. Site – a website, accessible under the URL: http://shorte.st/, and all associated sites linked to the Site, which are operated by the Provider.
    5. Service – functionalities available through the Site, which enable Publisher to shrink his URLs (manually, by using our script or by using API) and display one of our ad formats on Publisher’s website and make money every time someone sees or clicks them,
    6. Program – referral program enabling Publishers to earn money by referring a friend to our Site. Program does not apply to revenue generated by a new Publisher referred to our Site by displaying Pop Ads.
    7. Terms of Use – this document, specifying the terms and conditions of the use of the Site and the Service as well as the rights and obligations of Publishers and the Provider. The Terms of Use constitute a binding agreement between Publisher and the Provider, with respect to the Publisher’s use of the Site and the Service.
    8. Publisher – an individual who has reached the age of majority in his jurisdiction, with a full capacity to enter into legal transactions, acting on his own behalf, which makes use of the Site and the Service in accordance with the Terms of Use.
    9. E-shop – internet platform available at https://shorte.st/shop/, by means of which the Publisher may purchase the goods proposed on the Site.
  2. Pursuant to Article 8 sec. 1 par. 1 of the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No 144, item 1204 as amended) the Provider hereby establishes the following Terms of Use.

Functionalities

  1. The Site and the Service is accessible worldwide to anyone with Internet access.
  2. The Service was designed to allow Publishers to earn money by shortening their URL links which are subsequently clicked on.
  3. Publishers may also get paid by displaying one of our ad formats on Publisher’s website and by referring a friend to our Site and Service.
  4. The Provider reserves the right to change the Site and Service functionalities at any time, in particular by introducing new functions and facilities for Publishers.

Conditions for Using the Site and Service and Rules of Liability

  1. Technical requirements concerning the use of the Site and the Service are as follows:
    1. Internet connection;
    2. web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing cookies files; and
    3. valid and active e-mail account.
  2. It is Publisher's responsibility to ensure that the equipment owned by him as well as the software used meets the above requirements and allow him to use the Site and the Service.
  3. Before starting the use of the Site and the Service, Publisher is obliged to familiarize himself with the provisions of these Terms of Use and with the Privacy Policy. Access and use of the Site and the Service is equivalent to accepting these Terms of Use and the Privacy Policy.
  4. Publisher undertakes to respect the Terms of Use while using the Site and the Service, both in its current wording and with any later amendments.
  5. Publisher can hold only one account The account cannot be transferred to third party or used by such a third party.
  6. Publisher undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of the Service. The Provider may, without any previous notice, undertake any action available, inclusive of a demand for compensation, as a response to any malicious activities or any other breach of the applicable law or these Terms of Use. Without limitation, the actions referred to in the previous sentence shall be as follows:
    1. attempts at disturbing or cutting off access to subscriptions of other Publishers or to their computers (DOS, DDOS attacks, DNS spoofing);
    2. phishing, that is falsifying information which permits to identify Publisher or hiding such information without having first obtaining a written consent;
    3. entering malicious software into the system or onto the computers of the Provider, especially inclusive of viruses, Trojan horses or internet bugs;
    4. unauthorized scanning of the network of other Publishers in search of security gaps;
    5. unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Provider or to other Publishers;
    6. unauthorized attempts at breaking the security of a computer or network of another Publisher;
    7. pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting Publisher to a website or to another site impersonating the Site in order to gather personal data of the Publisher, the data necessary for logging or other information;
    8. taking over IP addresses;
    9. direct or indirect sending, collection, sale or distribution of e-mail addresses for the purposes of sending mass unsolicited correspondence (spam).
  7. Without limiting any other provision in these Terms of Use, Publisher may not use the Site to do the following or assist others to do the following:
    1. threaten, defame, stalk, abuse or harass other persons or engage in illegal activities;
    2. link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
    3. frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
    4. violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
    5. transmit files that contain viruses, spyware, adware or other harmful code;
    6. advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam);
    7. interfere with others using the Site or otherwise disrupt the Site;
    8. transmit, collect or access Publishers’ personal data without the consent of those Publishers and the Provider;
    9. engage in unauthorized spidering, “scraping” or harvesting, contact or other personal data or use any other unauthorized automated means to compile information;
    10. defeat any access controls, access any portion of the Site that the Provider has not authorized Publisher to access.
  8. Publisher may not use the Service for any illegal or unauthorised purpose. Publisher must not, in the use of the Service, violate any laws in his jurisdiction (including but not limited to copyright laws). In particular, Publishers are prohibited from:
    1. advertising their Shorte.st URL links directly on any form of traffic exchange/PTC website;
    2. placing their Shorte.st URL links anywhere that may: (i) contain any types of content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials; (ii) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (iii) contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Publisher commissions from another website;
    3. shrinking URL links which link to the websites containing the above mentioned content;
    4. offering any incentive for a visitor to click on their Shorte.st URL links, including gifts/points/cash;
    5. asking/begging people to click on their Shorte.st URL links simply to generate a revenue;
    6. creating 'redirect loops' to generate a revenue;
    7. spamming with their Shorte.st URL links anywhere, including forums/chat/comments/blogs;
    8. participating in click 'rings' where Publisher clicks on others links in return for others to click on his Shorte.st URL links;
    9. opening their Shorte.st URL links in a popup / popunder or iframe;
    10. automatically redirecting to websites with JavaScript redirect or meta-refresh (only a HTTP redirect is allowed);
    11. clicking on their Shorte.st URL links on their own (Publisher may click on his own URL link one time to test it. Publisher may not create URL links solely to "test" them.).
  9. The only legitimate way to open the Shorte.st URL link is with a mouse click. Additionally, only the Shorte.st URL link must be opened when a user clicks on the link. No other links / windows must be opened. The Provider reserves the right to not pay for clicks generated by Publishers on their own Shorte.st URL links or on our ad formats displayed on the Publisher’s website as well as for clicks made by using the same IP address more than five (5) times. Publishers will be paid for clicks on the Shorte.st URL link and our ad formats displayed on the Publisher’s website, providing a paying advertisement is viewed for at least 5 seconds and referrals have cookies, JavaScript and Adobe Flash installed and enabled.
  10. To Shorte.st URL links and ad formats displayed on the Publisher’s website cost per mile (cost per view) monetization model applies with exclusion of Pop Ads. Monetization of Pop Ads displayed on the Publisher’s website is made on a basis of revenue share scheme. Monetization model can be a subject to change at the Provider’s discretion. Monetization model can be individually agreed between the Publisher and the Provider.
  11. Publisher will be paid 20% of revenue generated by new Publishers who have been referred to the Site by this Publisher. Revenue generated by a new Publisher by displaying Pop Ads on the Publisher’s website is not taken into account for the calculation of the referral fee.
  12. The Provider may without prior notice, terminate an agreement, suspend or permanently remove the access to the Service of the Publisher, if any meaningful spam complaints naming the Provider or the Site result from Publisher's marketing activities. The Provider does not condone spamming and any complaints received due to misuse of the Service may result in the forfeit of any money accrued by Publisher.
  13. Payments from the Provider are made through PayPal, Payoneer and WebMoney roughly once per month. Publisher must have a valid PayPal, Payoneer or WebMoney account to receive a fee, as the Provider does not offer payment via cheque/check, credit card, cash or other method. The minimum amount available for a withdrawal is USD$5 for PayPal and WebMoney and USD$20 for Payoneer. If the minimum is not met in time for the payment cycle, the payment will not be made until the next monthly billing cycle in which the minimum of USD$5 or USD$20 for Payoneer has been reached.
  14. Cost per view rates and revenue share scheme are subject to change at the Provider's discretion. Basic revenue share scheme in 80% (for the Publisher) and 20% (for the Provider) of a net income earned by the Provider from Pop Ads displayed on the Publisher’s website. Revenue share scheme can also be agreed individually between the Publisher and the Provider.
  15. The Provider will only pay for clicks that are automatically tracked and reported by our system. For our system to track the click, the visitor must have cookies enabled. We will not pay fees if the click was not tracked by our system.
  16. The Provider reserves the right to disqualify any fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
  17. All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in the Service and shall be the responsibility of, and payable by Publisher.
  18. Each active Publisher may spend funds accumulated on the Account for the purchase of goods offered in the E-shop.
  19. Each purchase is subject to manual verification by the customer service department and may be rejected by the Provider, about which the Publisher will be informed via e-mail.
  20. At the time of placing the order by the Publisher, the amount corresponding to the value of the order will be blocked on the Publisher's Account.
  21. After accepting the purchase of Publisher by the customer service department, the order will be processed, and the Publisher will receive relevant information via email. The amount corresponding to the value of the order will be deducted from the Publisher's Account.
  22. If during the order process the goods are no longer available, the funds will be refunded to the Publisher's Account.
  23. After completing the order, the Publisher will be informed via e-mail and the purchased goods will be available on his Account.
  24. Goods purchased in the E-shop are not refundable and the User is not entitled to withdraw from the contract for the sale of goods via E-shop.
  25. If Publisher is found or reported breaking any of the provisions of these Terms of Use, his account will be removed and all fees forfeited.
  26. The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the access to the Service of the Publisher who breaches these Terms of Use.
  27. If Publisher do not use Account for a period of 6 consecutive months, such Account shall be deemed to be inactive ("Inactive Account").
    1. Any Inactive Account will be charged an administration fee each month (the "Inactive Account Fee") of 17% of the balance of the account. Provider will notify Publisher when account becomes an Inactive Account. The Inactive Account Fee shall be deducted from an Inactive Account on the first day of the calendar month after Publisher Account became an Inactive Account and thereafter on the first day of every following calendar month.
    2. The Inactive Account Fee will be deducted until the earlier of: (a) the Account balance being reduced to zero; or (b) the Account being reactivated by Publisher using the Account to carry out shortening activity. In each situation the Inactive Account Fee shall cease to be deducted.
    3. Provider reserve the right to close any Inactive Account whose balance has been reduced to zero for a consecutive period of 6 months.
  28. If Publisher uses a Contact Form, and/or Sign-up Form he is obliged to give real information, true to facts of the case.
  29. The Provider undertakes to ensure possibly the highest quality and stability of the Site and the Service, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
  30. Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the Site or the Service, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Provider will be notifying Publishers of any scheduled breaks in the Site operation and the Service accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and the Service, which may temporarily cause difficulties or make it impossible for Publishers to use the Service.
  31. In special cases affecting the security or stability of the Site and the Service, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Publishers and to conduct maintenance works aimed to reinstate the security and stability of the Site and the Service.
  32. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability in case of other Publishers or third party submitting any claims towards the Provider regarding a breach of the Terms of Use or the law in force, either by other Publishers or by third party. Only Publisher or third party being in breach of the law in force shall be liable in such a case.

Moment of Concluding of the Agreement

  1. An agreement for providing access to the Site and the Service is concluded upon signing up in the Site and simultaneous familiarization with these Terms of Use and Privacy Policy. Publisher cannot access and use the Site and the Service without prior acceptance of these Terms of Use and Privacy Policy.
  2. Subscription to the Service may be made by accessing the Site, filling a Sign-up Form and clicking on "SIGN UP NOW" button.
  3. Publisher can terminate the agreement for providing access to the Site, effective forthwith, at any time and without stating any reasons. To that aim, the Publisher needs to submit a relevant declaration of intent through the following Contact Form.
  4. Publisher may stop using the Site and the Service at any time
  5. According to Article 10 sec. 3 par. 5 of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous Service (Journal of Laws of 2000 No 22, item 271 as amended) the Publisher, who concluded an agreement for providing access to the Site and the Service, has no right to withdraw from this agreement but has the right to terminate the agreement for providing access to the Site and the Service at any time.

Complaints

  1. Publisher has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
  2. A complaint can be lodged through the following Contact Form or by way of a traditional letter send to the following address: Red Sky Sp. z o.o., Aleja Piastów 22, Szczecin 71-064, Poland. A complaint should include in particular the problem constituting the basis for a complaint and Publisher identification information (name, e-mail address, and in case of a traditional letter also a correspondence address).
  3. The Provider reserves the right to contact Publishers if further information is required and Publisher is obliged to supply it promptly.
  4. Within fourteen (14) calendar days of receiving Publisher’s complaint in proper form the Provider will:
    1. complete its internal investigation and advise Publisher of its decision; or
    2. inform Publisher that it needs more time to complete the investigation.
  5. If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by e-mail Publisher submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide Publisher with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from Publisher and the Publisher has been advised that the Provider requires Publisher’s response.
  6. A complaint should be submitted within thirty (30) calendar days as of the moment when the reasons for the complaint have become apparent.
  7. On completion of the investigation, the Provider will advise Publisher of the outcome and the reasons for its decision with reference to the relevant provisions of these Terms of Use.
  8. If Publisher is not satisfied with Provider’s decision with respect to the lodged complaint, the Publisher may wish to take the matter to an external independent dispute resolution.
  9. A reply to a complaint shall be sent to an e-mail address or a correspondence address indicated by Publisher submitting a complaint.
  10. Provider shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Use, or the information announced on the Site.
  11. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.

Intellectual Property

  1. The Site and the Service and all rights related thereto are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
  2. Publisher hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
  3. On the condition that the Publisher complies with all his/her obligations under these Terms of Use, the Provider hereby grants to Publisher a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and to use the Service as the Provider intends the Service to be used, and only in accordance with these Terms of Use. Provider grants to the Publisher no other rights, implied or otherwise. Publisher will not nor will Publisher allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Service; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service, except to the extent applicable laws specifically prohibit such restriction; (iii) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Service; and (iv) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service. Publisher will use the Service solely for his/her own internal use. Publisher will comply with all applicable laws and regulations relating to the use of and access to the Service. Publisher may not provide access to the Service to third parties. The license granted above and Publisher's right of use of the Service will terminate immediately if Publisher fails to comply with these Terms of Use.

Personal Data Protection and Privacy Policy

  1. The collection, use and disclosure by the Provider of Publisher’s personal data are governed by the provisions of the Privacy Policy, available on the Site. Publisher consents to the use and disclosure of Publisher’s personal data in the circumstances stated in that Privacy Policy.
  2. Publisher shall carefully read the full Privacy Policy before deciding to become Publisher.
  3. In case Publisher is making use of the Site or the Service in a manner violating these Terms of Use or the law in force, the Provider shall have the right to use the Publisher’s personal data within the scope necessary to establish his/her liability. In such a case the Provider shall notify the Publisher of his/her committing illegal activities with a demand of their immediate cessation.

Final Provisions

  1. The Terms of Use enter into force on 11.06.2018.
  2. The Terms of Use are available to Publishers here.
  3. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time, and in particular by changing the fees payable, introducing new fees, introducing new Terms of Use, for one or more of the following reasons:
    1. to comply with any change or anticipated change in any relevant law or code of practice;
    2. to reflect any decision of a court, ombudsman or regulator;
    3. to reflect a change in our systems or procedures, including for security reasons;
    4. as a result of changed circumstances (including by adding benefits or new features to the Site);
    5. to respond proportionately to changes in the cost of providing the Service; or
    6. to make them clearer.
  4. If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
  5. If a change is required in the Provider’s view to restore or maintain the security of the Service, the change may be made immediately and without prior notice to Publishers.
  6. In case of any modifications, supplements, replacements or other changes of these Terms of Use the Publisher will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than fourteen (14) calendar days from the date of the said announcement. The Publisher who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following Contact Form. Termination shall become effective upon receiving Publisher’s statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates Publisher's acceptance of the amended Terms of Use.
  7. Neither party to this agreement may assign or transfer any of their rights or obligations under the agreement without the prior consent of the other. If undertaken pursuant to a merger, reorganization or restructuring involving the Provider, or the sale of its business by the Provider, the Provider may, by notice to Publisher, transfer or assign its rights, or novate its rights and obligations, under these Terms of Use and the Publisher will be deemed to have consented to such transfer, assignment or novation.
  8. The Terms of Use shall be governed by the laws of the Republic of Poland, without regard to its conflicts of laws principles.
  9. If you have any queries regarding or comments on these Terms of Use, please e-mail us using the following Contact Form

TERMS OF USE - MINER APP

Effective date: 11.06.2018

DEFINITIONS

  1. Application – computer programme downloaded by the User on a computer, phone or other electronic devices (hereinafter collectively referred to as the ‘Devices’) in order to mine the Cryptocurrencies.
  2. Bitcoin (BTC) – decentralised electronic currency based on source code considered as property rights. In order to avoid doubts, Red Sky declares that Bitcoin is one of the Cryptocurrencies, and its separation from the group of Cryptocurrencies was made only for the needs of the Terms & Conditions.
  3. Cryptocurrency – decentralised electronic currencies based on open-source code considered as propriety rights mined by means of the Application.
  4. User – natural person having full legal capacity, legal entity or business entity having legal capacity and an Account. A natural person who does not have full legal capacity: in particular, a minor may be a User only with the prior consent of the authorised legal representative.
  5. Account – individualised part of the Portal identified by the User’s login and password set individually by the User.
  6. External Wallet – Paypal, Payoneer or WebMoney account
  7. E-shop – internet platform available at https://shorte.st/shop/, by means of which the User may purchase the goods proposed on the platform.

USER ACCOUNT

  1. Registration as a Portal's User is made by creation of the Account (registration):
    1. Via the https://shorte.st website, with the use of a registration form requiring the indication of the User's e-mail address, login and password. In absence of the User’s login, the User's e-mail address is the login for the Account;
    For safety reasons, it is recommended to create a strong password, to update it periodically and not to use it to log in to other websites.
  2. After registration, an activation link to the Account will be sent to the User’s e-mail address. The account becomes active upon clicking the activation link.
  3. The User shall undertake reasonable safety measures that are adequate to the existing dangers, in particular, by ensuring protection of the account against any unauthorised use, including the proper protection of the devices with access to the Account.
  4. The User shall immediately inform Red Sky about all cases of unauthorised use of the Account or suspicion of such a use.
  5. An active Account enables download of the Application by the User.

APPLICATION

  1. The Application in whole and its specific independent or dependant parts constitute Red Sky's propriety.
  2. At the time of download of the Application, Red Sky and the User conclude a mutual Agreement (hereinafter referred to as the ‘Agreement’) under the conditions set out in the Terms & Conditions.
  3. Red Sky shall grant a license to the User on the use of the Application. This licence is revocable, non-exclusive, non-transferable regardless of payable or royalty-free character of the transfer, non-licensable, limited to the following activities: installation and use for one’s own, non-profit purpose under the conditions set forth in the Terms & Conditions. In particular, through download of the Application, the User does not become its owner. The Application remains the propriety of Red Sky.
  4. The User shall not:
    1. Sell, rent, lend the Application nor dispose or share it in any other way whatsoever, including the use of open-sources and the use in purposes other than that of the execution of the Agreement, regardless of payable or royalty-free character of the use;
    2. Copy, transfer, unless in order to execute the Agreement;
    3. Modify, including making amendments, dividing, decrypting, transforming in any way whatsoever, subjecting to reverse engineering or reverse compilation.
  5. Any suggestions, comments or ideas concerning changes, including improvements of functionality of the Application brought by the User to Red Sky may be applied by Red Sky at its discretion, without the need of payment or other form of remuneration for the benefit of the User.
  6. Red Sky reserves the right to modify the Application at its own discretion, including the right to improvements of the Application (hereinafter collectively referred to as: the updates) in terms of its functionality or presentation. The update has no influence on conditions of the Agreement, which remain in force with regard to the updated Application
  7. At the time of download and start-up of the Application, the User downloads with the use of the Application’s functionality, on the basis of a license, external software – so-called “miners”, which does not constitute the propriety of Red Sky. The User shall respect the rules of the license, in particular, he/she shall not infringe upon the external software propriety rights, intellectual propriety rights, including copyrights, rights to computer programmes, databases, trademarks, inventions etc. Red Sky shall not be liable for acts or omissions of the User that cause or may cause any damage in property of third parties being owners or authorized entities from the external software.

OPERATING PRINCIPLES OF THE APPLICATION

  1. The application is compatible with Windows 7 64-bit, Windows 8 64 bit, Windows 8.1 64-bit, Windows 10 64 bit operating systems. After download, the Application is automatically installed and started-up on the Device on which it has been downloaded. The Application may be installed by the User on any number of Devices.
  2. Upon installation of the Application, the User enters the login to the Account in the “Login/User” field visible on the screen of the Device. By entering the login, the User connects the Application installed on a given Device with the User Account. On each device upon which has been installed the Application connected to the Account in the way referred to in the previous sentence is visible in the panel of the User Account.
  3. After installation of the Application on the Device, Red Sky verifies the computing power of the Device and choose the Cryptocurrency that will be mined with the use of the Application. The type of mined Cryptocurrency depends on the type and computing power of the Device. The computing power of the Device is determined on the basis of its parameters. The larger computing power of the Devices, the bigger the Application’s performance.
  4. The User is not informed about the type of Cryptocurrency mined with the use of the Application. The mined Cryptocurrency is converted to the USD and disclosed at the User Account under the rules described below.
  5. Cryptocurrency mining status is measured in 24-hour-long sessions. A session begins at 00:00 of a given day and ends at 11.59 p.m. of the following day, subject to the next sentence. The first session begins at the moment of download of the Application and ends at 11.59 p.m. of the same day.
  6. The cryptocurrencies mining status is updated and saved on the Account of the User after finishing each session, amount is stored in USD.
  7. In the event the Cryptocurrency mined during a given session, after being converted into Bitcoin cryptocurrency, exceeds 0.00001 of Bitcoin, the Cryptocurrency is exchanged for USD and transferred to be paid out. The amount is payable to the Red Sky internal wallet on the day following the day of transfer of the amount in USD to be paid out at approximately 12.00 o’clock. The pay-out of the earned amount shall be disclosed at the User’s Account on the day of their pay-out, at approximately 12.00 o’clock.
  8. In the event the Cryptocurrency mined during a given session, after being converted into Bitcoin cryptocurrency, does not exceed 0.00001 of Bitcoin, the Cryptocurrency is saved in the User Account and shall be added to the cryptocurrency mined on the next day or days, after converting the Cryptocurrency mined on the next day or days to the Bitcoin cryptocurrency. In the event the sum of the Cryptocurrencies mined and converted to the Bitcoin cryptocurrency, according to the previous sentence, exceeds 0.00001 of Bitcoin after the end of the session, the sum of mined Cryptocurrencies is exchangeable to the Bitcoin cryptocurrency and is transferred to be paid out. The provisions of point 7 hereinabove, the penultimate and last sentence are applicable.
  9. The Bitcoin cryptocurrency exchange rate, according to which its value in American dollars (USD) is set, determinates its average exchange rate displayed on the Portal.
  10. Red Sky charges a fee in the amount of 10% of the exchange value for each Cryptocurrency exchange into the Bitcoin cryptocurrency.

PAYOUT

  1. Payments from the Provider are made through PayPal, Payoneer and WebMoney roughly once per month. Publisher must have a valid PayPal, Payoneer or WebMoney account to receive a fee, as the Provider does not offer payment via cheque/check, credit card, cash or other method. The minimum amount available for a withdrawal is USD$5 for PayPal and WebMoney and USD$20 for Payoneer. If the minimum is not met in time for the payment cycle, the payment will not be made until the next monthly billing cycle in which the minimum of USD$5 or USD$20 for Payoneer has been reached.
  2. Each active User may spend funds accumulated on the Account for the purchase of goods offered in the E-shop.
  3. Each purchase is subject to manual verification by the customer service department and may be rejected by the Provider, about which the User will be informed via e-mail.
  4. At the time of placing the order by the User, the amount corresponding to the value of the order will be blocked on the User's Account.
  5. After accepting the purchase of User by the customer service department, the order will be processed, and the User will receive relevant information via email. The amount corresponding to the value of the order will be deducted from the User's Account.
  6. If during the order process the goods are no longer available, the funds will be refunded to the User's Account.
  7. After completing the order, the User will be informed via e-mail and the purchased goods will be available on his Account.
  8. Goods purchased in the E-shop are not refundable and the User is not entitled to withdraw from the contract for the sale of goods via E-shop.

Privacy POLICY

  1. Data shall be processed in accordance with Privacy Policy available at: here. The acceptance of the PrivacyPolicy is a prerequisite for registration as the User. The acceptance of the Privacy Policy constitutes a confirmation of reading of its conditions.

EXPIRY OF THE AGREEMENT

  1. Red Sky reserves the right to suspend or delete the Account of the User who infringes the provisions of the Agreement and/or the Terms & Conditions. Removal of the Account does not exempt the User from the obligation to remedy damages inflicted possibly to Red Sky, in the case of breaching the provisions of the Agreement and/or the Terms & Conditions.
  2. The User shall be entitled to delete the Account without giving reasons.
  3. In case of removal of the Account, regardless of the reason, the User is obliged to remove permanently the Application and its potential copies downloaded on his/her Devices.
  4. If User do not use account for a period of 6 consecutive months, such account shall be deemed to be inactive ("Inactive Account").
    1. Any Inactive Account will be charged an administration fee each month (the "Inactive Account Fee") of 17% of the balance of the account. Provider will notify User when account becomes an Inactive Account. The Inactive Account Fee shall be deducted from an Inactive Account on the first day of the calendar month after User account became an Inactive Account and thereafter on the first day of every following calendar month.
    2. The Inactive Account Fee will be deducted until the earlier of: (a) the account balance being reduced to zero; or (b) the account being reactivated by User using the account to carry out shortening activity. In each situation the Inactive Account Fee shall cease to be deducted.
    3. Provider reserve the right to close any Inactive Account whose balance has been reduced to zero for a consecutive period of 6 months.

DANGERS

    The User is aware of the risks related to the use of the Portal and/or Application, and he/she accepts this risk. In particular, the User is aware of:
  1. Overloading of the Device as a result of the download and use of the Application, including its potential damage or destruction, technical requirements of the Application, including the electric energy consumption by the Device;
  2. The changes of Cryptocurrency and Bitcoin Cryptocurrency exchange rates, including a possible instability and its consequences;
  3. Lack of guarantee of extraction of the Cryptocurrency by means of the Application on a level assumed by the User;
  4. Innovativeness of the Portal and Application and a possibility of errors in their functioning;
  5. Legislative risk, in particular a possible introduction of law regulations prohibiting mining or exchange of Cryptocurrencies and/or Bitcoin cryptocurrencies;
  6. Possible abuses by third parties, including the Account compromises, change of its settings or stealing of the Cryptocurrency and/or Bitcoin cryptocurrency;
  7. Other dangers resulting from the functioning of the Portal and Application affecting the personal and material situation of the User and owners and/or holders of Devices used by the User.

LIABILITY LIMITATIONS AND EXCLUSIONS

  1. Red Sky declares that the Portal and Application are innovative solutions and cannot be covered by appropriate functioning guarantee, including the non-occurrence of errors or defects. In particular, Red Sky cannot guarantee the full compatibility of the Application with the Devices and reaching of a given Cryptocurrency extraction level by the User.
  2. Red Sky has no influence on current Cryptocurrency and Bitcoin Cryptocurrencies exchange rates. Decision on mining Cryptocurrencies by means of the Application is voluntary and aware decision of the User.
  3. Red Sky shall not be liable for any actions of third parties, in particular, Red Sky shall not be liable for any damage caused by persons who were granted access to the Account or external Wallet as a result of illegal activities or acts of the User (inadequately securing of the Account and/or the External Wallet, making his/her login and password available, giving open access to his/her Account/external wallet).
  4. Red Sky shall not be liable for legal and fiscal settlements of the User. The User is personally responsible for fulfilling all legal and fiscal requirements related to the use of the Bitcoin cryptocurrency in change, exchange or as a tender, in particular for making all relevant declarations and carrying out the appropriate settlements.
  5. Red Sky shall not be liable for any damage to third parties resulting from acts or omissions of the Users, in particular, Red Sky shall not be liable in case of downloading the Application on a Device belonging to a third party without his/her knowledge or without his/her consent or without his/her knowledge and consent on functioning of this Application.

APPLICABLE LAW

  1. With the exception of conflict-of-law rules resulting from the international law, the applicable law for settling any disputes that may arise from conclusion, implementation or expiration of the Agreement is the Polish law.
  2. In the event that any provision of the Terms & Conditions is deemed to be invalid, in particular on the basis that it infringes the legal order of the State whose law is applicable as a result of application of the conflict-of-law rules referred to in point 1 hereinabove. The other provisions of the Terms & Conditions remain in force and the invalid provision is replaced by a provision that is compliant with the basic principles and objectives of the Terms & Conditions.

AMENDMENTS TO THE TERMS & CONDITIONS

Red Sky reserves the right to amend the Terms & Conditions at its own discretion. Information about the amendments to the Terms & Conditions shall be transferred to the User at the time of his/her logging in after the amendments to the Terms & Conditions in the form of an announcement. In case of non-acceptance of the amended Terms & Conditions, the User is obliged to remove the Account immediately and to remove permanently and immediately the Application from the Devices. Continuation of the Agreement is tantamount to acceptance of the amendment to the Terms & Conditions by the User.

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