Subject to your compliance with this agreement, Warden AI Lab grants you a non-exclusive, non-sublicensable, revocable as stated in this agreement, non-transferable license to access and use the website. No part of the website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express wrote consent of Warden AI Lab. All rights not expressly granted in this agreement are reserved by Warden AI Lab. Without limitation, this Agreement grants you no rights to the intellectual property of Warden AI Lab or any other party, except as expressly stated in this agreement. The license granted in this section is conditioned on your compliance with this agreement and applicable laws. Your rights under this section will immediately terminate if, in the sole judgment of Warden AI Lab, you have breached any provision of this agreement.6) Third-Party Content
The website may be linked with the apps and websites of third parties ("third-party content"), some of whom may have established relationships with Warden AI Lab and some of whom may not. Warden AI Lab does not have control over and has not reviewed the content and performance of third-party content. Accordingly, Warden AI Lab does not represent, warrant, or endorse any third-party content, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through third-party content. Opinions, advice, statements, or other information made available through the website by third parties are those of their respective authors and should not necessarily be relied upon. Warden AI Lab disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party content.7) Prohibited conduct
Warden AI Lab imposes certain restrictions on your use of the Website. Any violation of this section may subject you to liability. The following are expressly prohibited:
(a) Providing false, misleading, or inaccurate information to Warden AI Lab or any other person in connection with the Website;
(b) Impersonating, or otherwise misrepresenting your affiliation, connection, or association with any person or entity;
(c) Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website without express written permission from Warden AI Lab;
(d) Accessing Website content or data not intended for you, or logging into a Website server or account that you are not authorized to access;
(e) Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization;
(f) Interfering or attempting to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;
(g) Forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or internet protocol packet headers);
(h) Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Warden AI Lab or its agents in providing the Website, including, without limitation, any fraudulent effort to modify the software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable;
(i) Paying anyone for interactions on the Website.8) Intellectual property
“Warden AI Lab” and the Warden AI Lab logo (collectively, the "Warden AI Lab Marks") are trade names, trademarks, or registered trademarks of Warden AI Lab. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grants you any right, title, or interest in, or any license to reproduce or otherwise use, the Warden AI Lab Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Warden AI Lab Marks generated as a result of your use of the Website will inure to the benefit of Warden AI Lab, and you agree to assign and do assign, all such goodwill to Warden AI Lab. You shall not at any time, nor shall you assist others to, challenge Warden AI Lab’s right, title, or interest in, or the validity of, the Warden AI Lab Marks.
All content and other materials available through the Website, including, without limitation, the Warden AI Lab logo, names and photographs, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Warden AI Lab or are the property of Warden AI Lab’s licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grants you any right, title, or interest in any such materials.9) Disclaimers, limitation of liability
Your use of the Website is solely at your own risk. Warden AI Lab and its licensors and suppliers, as applicable, will not be held responsible for any loss or damage resulting from your access to and/or use of the Website, including any loss or damage to your computers or mobile devices. The Website may contain bugs, errors, problems, or other limitations.
Warden AI Lab, on behalf of itself and its licensors and suppliers, explicitly disclaims any and all warranties, express or implied, concerning the Website, arising by operation of law or otherwise. This includes all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, as well as any warranties arising from a course of dealing, usage, or trade practice. Warden AI Lab and its licensors or suppliers do not warrant that the Website will meet your requirements or that the operation of the Website will be uninterrupted or error-free. Warden AI Lab disclaims all implied liability for damages resulting from the furnishing of the Website pursuant to this Agreement, including mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising from the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring.
Under no circumstances will Warden AI Lab or its licensors or suppliers be liable to you for any claims arising from your use of the Website or your reliance on any information provided through the Website. This includes special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, property damage, or otherwise, regardless of the foreseeability of those damages. This limitation applies regardless of whether the damages arise out of a breach of contract, tort, or any other legal theory or form of action. You agree that these limitations of liability represent a reasonable allocation of risk and are a fundamental element of the basis of the bargain between Warden AI Lab and you. The Website would not be provided without such limitations.
The above disclaimers, waivers, and limitations do not limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Warden AI Lab or between you and any of Warden AI Lab’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Warden AI Lab’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise, will alter any of the disclaimers or limitations stated in this section.10) Indemnification
As the Indemnitor, you agree to defend, indemnify, and hold harmless Warden AI Lab and its owners, parents, subsidiaries, affiliates, contractors, property owners, and third-party vendors (collectively, "Indemnitees"), from and against any and all Claims, including legal costs and fees, arising from or related to: (i) your relationship with Warden AI Lab; (ii) your breach of this Agreement, including any representation or warranty contained herein; (iii) your access to or use of the Website; (iv) your violation or alleged violation of any foreign or domestic law or regulation; (v) your prohibited uses of the Website and other prohibited conduct; (vi) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
Warden AI Lab retains the right to control the defense of any action, including the choice of legal counsel and all related settlement negotiations, and you may not settle any Claim without the prior written consent of the concerned Indemnitees.
Each Indemnitee has the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees.11) Disputes with Warden AI Lab
In the event that we cannot resolve a Claim through informal means, the arbitration provisions below shall govern.Binding Arbitration and Waiver of Class Actions
To the fullest extent permitted by applicable law, the parties agree to resolve all Claims against each other or against Company Entities by binding arbitration in Riga, Latvia before one arbitrator. Any election to arbitrate by one party shall be final and binding on the others. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual Claims. The parties agree to waive any right to join Claims with others or otherwise proceed in a class action or representative capacity. Each party knowingly, intentionally, and voluntarily waives any right each may have to a trial by jury or to a class action. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in Riga, Latvia. The parties each waive any objection to personal jurisdiction and venue.12) Termination
Warden AI Lab may, at its sole discretion and without any notice or liability, deny any person access to the Website for any reason or for no reason at all, including but not limited to any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or any applicable law or regulation.
You have the right to terminate this Agreement and your rights under it at any time, with or without any reason, by giving notice of your intention to Warden AI Lab.
Any termination of this Agreement will automatically result in the termination of all rights and licenses granted to you under this Agreement, including any right to use the Website. Upon termination, you must discontinue any use of the Website.
After termination, Warden AI Lab reserves the right to take whatever measures it deems necessary to prevent any unauthorized use of the Website, including but not limited to technological barriers such as IP blocking and direct contact with your internet service provider.
Upon termination, all rights and obligations created by this Agreement will terminate, except for the following Sections, which will survive any termination of this Agreement: Sections 1-2 & 6-14.13) Notices
All Notices required or permitted to be given under this Agreement ("Notices") must be in writing. Warden AI Lab shall give any Notice by email sent to the most recent email address, if any, provided by the intended recipient to Warden AI Lab. You agree that any Notice received from Warden AI Lab electronically satisfies any legal requirement that such Notice be in writing. You shall give any Notice to Warden AI Lab by submitting said Notice to us by completing the "Contact Us" form on the Website or contacting us at firstname.lastname@example.org
This Agreement represents the entire understanding between Warden AI Lab and you with respect to the use of the Website. If any portion of this Agreement is declared invalid, void, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect. Warden AI Lab may modify this Agreement by posting the amended version on the Website or by a written amendment signed by an authorized executive of Warden AI Lab. Any waiver of a term or condition of this Agreement or any breach thereof shall not constitute a waiver of such term or condition in the future or of any subsequent breach. You may not assign or transfer this Agreement or your rights and obligations hereunder without the prior written consent of Warden AI Lab. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement shall not be deemed to create any agency, partnership, joint venture, or employment relationship between you and Warden AI Lab. This Agreement shall not be construed to confer any rights or remedies upon any third-party beneficiaries. The headings in this Agreement are provided for convenience only and shall not affect its interpretation.