Terms of Service
Please note that your use of and access to our services (defined below) are subject to the following terms;
If you do not agree to all of the following, you may not use or access the services in any manner.
Effective date: February 1st 2022
Welcome to ZHAKA.
Please read on to learn the rules and
restrictions that govern your use of our
website(s), products, services and applications (the “Services”). If you have any questions, comments, or
concerns regarding these terms or the Services, please contact us at [email protected]
and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services.
Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain
in effect while you use the Services. These Terms include the provisions in this document, as well as those
in the Privacy & Cookies Policy and Copyright Dispute Policy.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services.
We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by
placing a notice on the cardanocube.io website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no
longer be able to use the Services. If you use the Services in any way after a change to the Terms is
effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be
effective unless in writing and signed by both you and us.
What about my privacy?
ZHAKA takes the privacy of its users very seriously. For the current ZHAKA Privacy & Cookies
Policy, please click here
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain
parental consent before they knowingly collect personally identifiable information online from children who
are under 16. We do not knowingly collect or solicit personally identifiable information from children under
16; if you are a child under 16, please do not attempt to register for the Services or send any personal
information about yourself to us. If we learn we have collected personal information from a child under 16,
we will delete that information as quickly as possible. If you believe that a child under 16 may have
provided us personal information, please contact us at [email protected]
What are the basics of using ZHAKA?
You may be required to sign up for an account, and select a password and user name (“ZHAKA User ID”).
You promise to provide us with accurate, complete, and updated registration information about yourself. You
may not select as your ZHAKA User ID a name that you don’t have the right to use, or another person’s
name with the intent to impersonate that person. You may not transfer your account to anyone else without
our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not,
you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or
guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or
for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If
your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.
We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account
and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those
terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise
(d) Jeopardizes the security of your ZHAKA account or anyone else’s (such as allowing someone else to
log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run
or are activated while you are not logged into the Services, or that otherwise interfere with the proper
working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content
(through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or
information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in ZHAKA?
The materials displayed or performed or available on or through the Services, including, but not limited to,
text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the
foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to
abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you
access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast,
transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any
Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that
violates someone else’s (including ZHAKA’s) rights.
You understand that ZHAKA owns the Services. You won’t modify, publish, transmit, participate in the
transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based
on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this
functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to ZHAKA or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User
Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on
the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in
those User Submissions. Please note that all of the following licenses are subject to our Privacy & Cookies
Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant ZHAKA a license to translate, modify (for technical
purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce
and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services,
as described in more detail below. This is a license only – your ownership in User Submissions is not
If you store a User Submission in your own personal ZHAKA account, in a manner that is not viewable
by any other user except you (a “Personal User Submission”), you grant ZHAKA the license above, as
well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of
making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a
private message to one or more other users) (a “Limited Audience User Submission”), then you grant Cardano
Cube the licenses above, as well as a license to display, perform, and distribute your Limited Audience User
Submission for the sole purpose of making that Limited Audience User Submission accessible to such other
specified users, and providing the Services necessary to do so. Also, you grant such other specified users a
license to access that Limited Audience User Submission, and to use and exercise all rights in it, as
permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or
certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback,
suggestions, improvements, enhancements, and/or feature requests relating to the Services] (each of the
foregoing, a “Public User Submission”), then you grant ZHAKA the licenses above, as well as a license
to display, perform, and distribute your Public User Submission for the purpose of making that Public User
Submission accessible to all ZHAKA users and providing the Services necessary to do so, as well as
all other rights necessary to use and exercise all rights in that Public User Submission in connection with
the Services and/or otherwise in connection with ZHAKA’s business for any purpose, provided that
ZHAKA will try to notify you if it uses your Public User Submission for any reason other than
displaying it on the Services. Also, you grant all other users of the Services a license to access that
Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and
worldwide, provided that when you delete your ZHAKA account, we will stop displaying your User
Submissions (other than Public User Submissions, which may remain fully available)] to other users (if
applicable), but you understand and agree that it may not be possible to completely delete that content from
ZHAKA’s records, and that your User Submissions may remain viewable elsewhere to the extent that they
were copied or stored by other users.
Finally, you understand and agree that ZHAKA, in performing the required technical steps to provide
the Services to our users (including you), may need to make changes to your User Submissions to conform and
adapt those User Submissions to the technical requirements of connection networks, devices, services, or
media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service
providers, like ZHAKA, being asked to remove material that allegedly violates someone’s copyright. We
respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged
to be infringing, and to terminate the accounts of repeat alleged infringers.
Privacy and Protection of Personal Information
personal information and protects your privacy when you access ZHAKA and use the Services.
through any written or other contact method we have established with you. Your use of the Services following
extent they do not have retroactive applicability.
If you are a paying subscriber to the Services, to the extent that ZHAKA processes any Personal Data
(as defined in the DPA) that is subject to the GDPR (as defined in the DPA), on your behalf, in the
provision of the Services, the terms of the data processing addendum ("DPA"), which are hereby incorporated
by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard
Contractual Clauses referenced in the DPA, when you are the data exporter, your agreeing to these Terms of
Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual
Clauses and their Appendices.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole
responsibility of the person from whom such content originated, and you access all such information and
content at your own risk, and we aren’t liable for any errors or omissions in that information or content or
for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take
any action regarding how you may interpret and use the Content or what actions you may take as a result of
having been exposed to the Content, and you hereby release us from all liability for you having acquired or
not acquired Content through the Services. We can’t guarantee the identity of any users with whom you
interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and
warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all
your registration information accurate and current. You are responsible for all your activity in connection
with the Services.
The Services may contain links or connections to third party websites or services that are not owned or
controlled by ZHAKA. When you access third party websites or use third party services, you accept
that there are risks in doing so, and that ZHAKA is not responsible for such risks. We encourage you
third party website or service that you visit or utilize.
ZHAKA has no control over, and assumes no responsibility for, the content, accuracy, privacy
policies, or practices of or opinions expressed in any third party websites or by any third party that you
interact with through the Services. In addition, ZHAKA will not and cannot monitor, verify, censor or
edit the content of any third party site or service. By using the Services, you release and hold us harmless
from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment
and delivery of goods or services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such organizations and/or individuals. You should make
whatever investigation you feel necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties. You agree that ZHAKA shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree
that ZHAKA is under no obligation to become involved. In the event that you have a dispute with one
or more other users, you release ZHAKA, its officers, employees, agents, and successors from claims,
demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or
undisclosed, arising out of or in any way related to such disputes and/or our Services.
Will ZHAKA ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any
part of the Services, or we may introduce new features or impose limits on certain features or restrict
access to parts or all of the Services. We’ll try to give you notice when we make a material change to the
Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right
to remove any Content from the Services at any time, for any reason (including, but not limited to, if
someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and
Does ZHAKA cost anything?
The ZHAKA Services are currently free, but we reserve the right to charge for certain or all Services
in the future. We will notify you before any Services you are then using begin carrying a fee, and if you
wish to continue using such Services, you must pay all applicable fees for such Services.
What if I want to stop using ZHAKA?
You’re free to do that at any time, by contacting us at [email protected]
; please refer to our Privacy &
Cookies Policy, as well as the licenses above, to understand how we treat information you provide to us
after you have stopped using our Services. ZHAKA is also free to terminate (or suspend access to)
your use of the Services or your account, for any reason in our discretion, including your breach of these
Terms. ZHAKA has the sole right to decide whether you are in violation of any of the restrictions set
forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in
mind before you decide to terminate your account. We will try to provide advance notice to you prior to our
terminating your account so that you are able to retrieve any important User Submissions you may have stored
in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it
would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to
the rights or property of ZHAKA.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By
way of example, all of the following will survive termination: any obligation you have to pay us or
indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property
rights, and terms regarding disputes between us.
What are ZHAKA's Terms of Sale?
If you purchase any goods or services or license any software through the site whether or not in connection
What else do I need to know?
Warranty Disclaimer. Neither ZHAKA nor its licensors or suppliers makes any representations or
warranties concerning any content contained in or accessed through the Services, and we will not be
responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in
or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties
regarding suggestions or recommendations of services or products offered or purchased through the Services.
Products and services purchased or offered (whether or not following such recommendations and suggestions)
through the Services are provided “AS IS” and without any warranty of any kind from ZHAKA or others
(unless, with respect to such others only, provided expressly and unambiguously in writing by a designated
third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY ZHAKA (AND ITS
LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL
ZHAKA (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE
AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ZHAKA IN
CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY
MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, You agree to indemnify and hold ZHAKA,
its affiliates, officers, agents, employees, and partners harmless from and against any and all claims,
liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising
from or in any way related to any third party claims relating to (a) your use of the Services (including any
actions taken by a third party using your account), and (b) your violation of these Terms. In the event of
such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact
information we have for your account (provided that failure to deliver such notice shall not eliminate or
reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or
your Services account, in any way (by operation of law or otherwise) without ZHAKA’s prior written
consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and
other governmental assessments associated with your activity in connection with the Services, provided that
the ZHAKA may, in its sole discretion, do any of the foregoing on your behalf or for itself as it
sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a
waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or
invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms
shall otherwise remain in full force and effect and enforceable. You and ZHAKA agree that these Terms
are the complete and exclusive statement of the mutual understanding between you and ZHAKA, and that
it supersedes and cancels all previous written and oral agreements, communications and other understandings
relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an
employee, agent, partner, or joint venture of ZHAKA, and you do not have any authority of any kind to
bind ZHAKA in any respect whatsoever. Except as expressly set forth in the section above regarding
the Apple Application, you and ZHAKA agree there are no third party beneficiaries intended under