Terms of service - POMO

Last update: 1st August, 2020

These Terms of Use constitute an electronic agreement between you (hereinafter the “User”) and POMO ,that applies to the User’s use of this website, any and all services, products and content provided by POMO.

As used herein, “POMO” refers to the company GLOW CO., LTD, located Phonthong Road, Phonthongsavat village, Chanthabouly district, Vientiane Capital, Lao PDR, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.

The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of POMO.

These Terms of Use incorporate Privacy Policy as well as any other policies published on the Site by reference, so by accepting these Terms of Use, the User agrees with and accepts all the policies published on the Site
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF “POMO” SERVICES, PRODUCTS AND CONTENT.

1. DEFINITIONS

1.1. Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:

1.1.1. Account: means an account registered by the User on the Platform.

1.1.2. Base Currency: means the first symbol in the trading pair.

1.1.3. Buyer: means the User who submits an Order to buy Cryptocurrencies through the Platform.

1.1.4. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).

1.1.5. Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).

1.1.6. Deposit: means a Transaction involving transfer of Funds to the Account.

1.1.7. Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.

1.1.8. Funds: means Cryptocurrency and/or Fiat currency.

1.1.9. Maintenance fee: means a fee charged by POMO for storing balances in Fiat currency and/or in Cryptocurrency in Accounts that are inactive or dormant (see Article 11 below).

1.1.10. Order: means the User’s instruction to buy or sell Cryptocurrency.

1.1.11. Personal Information (personal data): means any information which identifies you personally or which may help us to identify you (e.g. your name, address, e-mail address, trades etc.).

1.1.12. Services: means all and any service provided by POMO.

1.1.13. Service charge: means a fee charged by POMO for the provision of compulsory security measures of using certain payment instrument which fraught with a high level of fraudulent actions.

1.1.14. Site: means POMO website at https://pomocard.com/

1.1.15. Storage: means storing balances of Cryptocurrencies that are no longer supported by POMO-PAYMENT.COM.

1.1.16. User: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account.

1.1.17. Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution.

1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.

2. THE SCOPE OF THE SERVICES

2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.

2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.

19. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that POMO acts only as an intermediary in such Transactions, not as the counterparty to any trade.

3. THE USER’S RIGHTS AND RESPONSIBILITIES

3.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.

3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by POMO.

3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.

3.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.

3.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform POMO about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and POMO will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.

3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.

3.7. The User undertakes to notify POMO immediately of any unauthorized use of his/her Account or password, or any other breach of security. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by POMO or any user of the Site.

3.8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.

3.9. The User is responsible for any and all damages caused, and all liability actions brought against POMO for infringement of any third-party rights or violation of any applicable laws.

3.10. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.

3.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.

3.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.

3.13. Users are prohibited from engaging in any kind of market manipulation actions which specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing. For general understanding market manipulation actions are actions taken by any User or a person acting in concert with a User which are intended to (i) deceive or mislead other Users; (ii) artificially control or manipulate the price or trading volume of Funds; (iii) aid, abet, enable, finance, support or endorse either of the above. This may include actions on POMO Platform and/or outside of POMO Platform. Actions regarded by POMO as market manipulation will result in blocking User’s account on the Platform with the right to use blocked Funds for reimbursement of negative consequences appeared due to mentioned manipulation at sole discretion of POMO.

4. THE USER’S REPRESENTATIONS AND WARRANTIES

4.1. By registering an Account, the User expressly represents and warrants that he/she:
follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
has accepted these Terms of Use;
is at least 14 years old and has the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies.

4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.

4.3. The User represents and warrants that both Fiat currency and Cryptocurrency deposited to the Account belong to the User and derived from legal sources.

4.4. The User represents and warrants than he/she will withdraw any Cryptocurrency from his/her Account only to his/her wallets, otherwise POMO does not hold any liability for the consequences of such withdrawal.

4.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.

4.6. The User understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.

5. POMO’s RIGHTS AND RESPONSIBILITIES

5.1. POMO has the right to suspend the User’s Account and block all Cryptocurrency or/and Fiat currency contained therein in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.

5.2. POMO undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use.

5.3. POMO’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred.

5.4. To the extent permitted by law, POMO is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by POMO. POMO is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss by malicious hacking.

5.5. POMO is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time.

5.6. POMO is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.

5.7. In case of changes in the legislation of a particular country or state (for Users from the United States of America), the consequences of which are stricter regulation of a Cryptocurrency presented on the Platform, POMO may restrict trading on a certain pair with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limited for trading Cryptocurrency to an external address.

5.8. In the case of fraud, POMO undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.

6. POMO’s REPRESENTATIONS AND WARRANTIES

6.1. POMO shall provide the Services with reasonable care and skill and in accordance with these Terms of Use.

6.2. All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.

6.3. POMO represents and warrants that once the orders to buy or sell Cryptocurrencies, such orders may not be cancelled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User’s behalf.

6.4. The User acknowledges and agrees that POMO gives to the User a possibility to hold and trade USDT (Tether) without guarantees of any kind, either expressed or implied including, but not limited to 100% backing of USDT by Tether Limited’s reserves; USDT price stability (1 USDT : 1 United States dollar) etc. These reserves are not insured and could be subject to unexpected diminution, this means that there is always a possibility for the User to lose his/her funds.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. All content on this Site is the property of POMO and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.

7.2. The trademarks, trade names, service marks and logos of POMO and others used on the Site (hereinafter the “Trademarks”) are the property of POMO and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to POMO. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.

7.3. POMO supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to info@pomocard.com.

8. THE USER VERIFICATION

8.1. Identification and verification procedures (also known as ‘Know Your Customer’ or ‘KYC’) are required for all the Transactions. All existing and new Users of the Platform must pass the verification procedure. POMO reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC, POMO reserves the right to immediately terminate the Services provision to the User.

8.2. The User undertakes to provide POMO with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity.

8.3. The User hereby authorises POMO to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.

9. USER ACCOUNT

9.1. The Site is for the User’s personal and non-commercial use only. POMO is vigilant in maintaining the security of the Site and the Service. By registering with POMO, the User agrees to provide POMO with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.

9.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
9.3. The User agrees that all actions conducted on the User’s Account are recognized as those made on behalf of the User and on the User’s own discretion.

9.4. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.

9.5. POMO reserves the right to recommend amount limits for the Account funding/withdrawal. POMO could recommend daily, monthly and per one-transaction amount limits.

9.6. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, POMO may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.

9.7. Creation or use of the Accounts without obtaining a prior express permission from POMO will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and POMO may decide to take further action against the User.

9.8. In case the User wants or intends or will use the Account to get brokerage and similar services, in the sole discretion of POMO such Account should be prohibited from the Withdrawal of Cryptocurrency with the aim to counter possible fraudulent actions.

10. TRANSACTIONS

10.1. The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies.

10.2. The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer’s and the Seller’s Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.

10.3 The User acknowledges and agrees that he/she is responsible for properly checking and filling in all Transaction’s details during the Deposit or the Withdrawal of Cryptocurrencies or Fiat.

10.4. The User acknowledges and agrees that in case the Transaction details are not specified or incorrectly indicated within the Transaction the User may lose his/her funds.

10.5. The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.

10.6. In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify POMO of this fact and follow the instructions sent by POMO. Otherwise, POMO reserves the right to freeze the Account until the end of investigation.

10.7. POMO may be forced to cancel or recall already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases the User obliges to cooperate with POMO in order to discover the reasons for such request.

11. ILLEGAL TRANSACTIONS

11.1. POMO reserves the right to suspend or terminate your POMO Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

11.2. It is strictly forbidden to use the Account for any illegal purposes. POMO will report any suspicious activity to the relevant law enforcement.

11.3. The User shall ensure that they do not use the Services for the transactions relating to:

money laundering, terrorist financing, proliferation of weapons of mass destruction;
human trafficking;
any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
archaeological findings;
drugs, narcotics or hallucinogens;
weapons of any kind;
illegal gambling services;
Ponzi, pyramid or any other “get rich quick” schemes;
goods that are subject to any trade embargo;
media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
body parts or human remains;
protected animals or protected plants;
weapons or explosive materials; or
any other illegal goods, services or transactions.

12. ACCOUNT SECURITY

12.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.

12.2. POMO personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the POMO Site, should be reported to POMO. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).

12.3. It is obligatory for the User to change his/her password every three (3) months on a regular base in order to reduce the risk of a security breach in relation to the Account. POMO also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.

12.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying POMO may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.

12.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. POMO cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider.

12.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.

12.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.

13. TERMINATION OF THE TERMS OF USE

13.1. The User may terminate the Terms of Use and close their Account at any time, following settlement of any pending transactions.

13.2. The User also agrees that POMO may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users’ Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User’s account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by POMO, acting at its sole discretion.

13.3. POMO also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that POMO will not be liable to them or to any third party for termination of their Account or access to the Site.

13.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide a valid bank account details or cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. POMO shall transfer the currencies as soon as possible following the User’s request in the time frames specified by POMO.

13.5. POMO will send the credit balance of the User’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. POMO will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.

14. SERVICES AVAILABILITY

14.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.

14.2. POMO will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and POMO is not liable for any disruption or loss the User may suffer as a result. Thus, POMO does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.

14.3. POMO will use reasonable endeavours to ensure that the User can normally access the Site in accordance with the Terms of Use. POMO may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.

15. DEBIT CARD

16. FINANCIAL OR LEGAL ADVICE

POMO does not provide any financial, investment or legal advice in connection with the Services provided by POMO. POMO may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and POMO will not be liable for any loss suffered.

17. TAXATION

17.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of POMO Services and should be paid according to the User’s state of residence regulations.

17.2. POMO is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.

18. NOTICES AND COMMUNICATION

18.1. POMO reserves the right to send notices to and communicate with the User by any means of communication available to POMO, considering the contact details provided by the User.

18.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.

19. GOVERNING LAW AND DISPUTE RESOLUTION

The district court having jurisdiction over the location of the head office of the Company shall be the agreed-upon court of jurisdiction in the first instance for all disputes caused by or relating to the User Agreement in the case that the User files litigation against the Company.

20. LIMITATION OF LIABILITY

IN NO EVENT SHALL POMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, OR ANY OF POMO RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, OR ANY OF POMO RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT POMO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL POMO’s TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

21. INDEMNITY

The User agrees to protect, defend, indemnify and hold harmless POMO and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by POMO directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

22. MODIFICATIONS AND AMENDMENTS

POMO reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User’s sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that POMO shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.

23. FORCE MAJEURE

If POMO is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, POMO will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

24. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by POMO. POMO assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, POMO does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release POMO from any and all liability arising from the User’s use of any third-party website. Accordingly, POMO encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.

CONTACT US

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account or any other matter, please, contact　info@pomocard.com.