Terms and conditions of use

Updated - 08/05/2019

Please Note - By using and contributing to this site, you agree to the following Terms, Privacy Policy and the forum rules

1. AGREEMENT

These Terms and conditions (the "Agreement") constitute a legally binding agreement by and between P2P-Frank and you or your company (in either case, "You" or "Your") concerning your use of P2P-Frank' website (the "Website") and the services available through the Website (the "Services"). By using the Website and Services, you represent and warrant that You have read and understood, and agree to be bound by, this Agreement and P2P-Frank Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

2. PRIVACY POLICY

By using the Website, you consent to the collection and use of certain information about you, as specified in the Privacy Policy. P2P-Frank encourages users of the Website to check P2P-Frank' Privacy Policy for changes frequently.

3. CHANGES TO AGREEMENT AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, P2P-FRANK RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless P2P-Frank obtains your express consent, any revised Privacy Policy will apply only to information collected by P2P-FRANK after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY

BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 16 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorised to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

5. LICENSE

Subject to your compliance with the terms and conditions of this Agreement, P2P-Frank grants you a non-exclusive, non-sublicensable, revocable as stated in this agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of P2P-Frank. Except as expressly set forth herein, this agreement grants you no rights in or to the intellectual property of P2P-Frank or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this agreement, your rights under this section will immediately terminate.

6. RELIANCE ON THIRD-PARTY CONTENT

Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. P2P-FRANK DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL P2P-FRANK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.

7. ASSUMPTION OF RISK; RELEASE

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY P2P-FRANK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "P2P-FRANK PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.

8. USER INFORMATION; PASSWORD PROTECTION

In connection with your use of the Services, you may be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Website and Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning "User Ability to Access, Update, and Correct Personal Information" in P2P-Frank' Privacy Policy.

You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify P2P-Frank immediately of any unauthorised use of Your account, user name, or password. P2P-Frank shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by P2P-Frank, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.

9. YOUR INTERACTIONS WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER P2P-FRANK MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT P2P-FRANK HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. P2P-FRANK DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL P2P-FRANK BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT IN CONNECTION WITH SUCH MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.

10. FORUM CONTROL; MEMBER DISPUTES

Forum administrators and moderators reserve the right, in their sole discretion, to delete or modify forum posts, revoke membership to the forum, block access to the forum, modify Your account profile, or modify any User Content (as defined in Section 15 below) on the forum. You should contact the forum administrator directly with any complaint, grievance or problem. P2P-Frank reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold P2P-Frank harmless in connection with any dispute or claim You make against any other member.

11. CONSENT TO RECEIVE EMAIL FROM P2P-FRANK

By continuing to be a member on this forum, you thereby consent to receive email communications from P2P-Frank. We will only contact you if there is a issue surrounding this forum or your membership. We will never pass on your details to a 3rd Party

12. CONSENT TO RECEIVE COMMUNICATIONS FROM MEMBERS

By registering with the Website, your thereby consent to receive electronic communications (personal messages) from other Website members.



13. THIRD-PARTY WEBSITES

P2P-Frank HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, P2P-Frank DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. P2P-Frank 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 WEBSITES.

14. USER CONTENT

"User Content" is any content, materials or information, not including Personal Information (as defined in P2P-Frank' Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise.

You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the P2P-Frank Parties under this section. You further represent and warrant that all User Content fully complies with P2P-Frank' Community Guidelines.

15. FORUMS

"Forum" is any area, site or feature offered as part of the Website (including without limitation discussion forums, message boards, blogs, chat rooms, emails or personal messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. P2P-Frank DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

a) Public Forum

Any area that is vbisable without logging in to viewis considered to be a "Public Forum". You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting.

b) Private Forum

Any area that requires you to log in to access is considered to be a "Private Forum". You acknowledge that Private Forums, and features contained therein, are for private communications that should not be shared outside of that space without the consent of that member, but understand and acknowledge that anything you upload, submit, post, transmit, communicate, share or exchange by means of any Private Forum may be viewed other by Forum members (including Platform Representatives, Borrowers etc), and therefore, you have no expectation of privacy with regard to any such submission or posting. These areas have their own set of rules that should be followed in line with the main forum rules

c) Invite-Only Forum

Any area that requires you to be invited to access is considered an "Invite Only Forum". You acknowledge that Invite-Only Forums, and features contained therein, are for private communications that should not be shared outside of that space without the consent of that member, but understand and acknowledge that anything you upload, submit, post, transmit, communicate, share or exchange by means of any Invite Only Forum may be viewed by other members of that area, and therefore, you have no expectation of privacy with regard to any such submission or posting. Admin provides these limited spaces for select members where it is deemed that the Private Forum is unsuitable for such purposes; these areas are offered to other members who will be responsible for the areas moderation and access. These areas have their own set of rules that should be followed in line with the main forum rules

16. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. P2P-Frank is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.

17. OBJECTIONABLE CONTENT

You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) violate any provision of this Agreement or any other P2P-Frank agreement or policy, including without limitation P2P-Frank' Community Guidelines; or (h) is generally offensive or in bad taste, as determined by P2P-Frank (collectively, "Objectionable Content"). P2P-FRANK DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, P2P-Frank reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. P2P-Frank, in its sole discretion, may delete any Objectionable Content from its servers. P2P-Frank intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

18. PROHIBITED USES

P2P-Frank imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to P2P-Frank or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use "ad blocking" software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about P2P-Frank users, including email addresses and phone numbers; (g) use or attempt 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 for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding" "spamming," "mail bombing," or "crashing"; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt 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 the P2P-Frank Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

19. INTELLECTUAL PROPERTY

(a) Compliance with Law

You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS. P2P-FRANK TERMINATES ACCOUNTS OF USERS DETERMINED TO BE REPEAT INFRINGERS.

(b) Identity

P2P-Frank, p2pfrank.com and the "P2P-Frank logo" (collectively, the "P2P-Frank Marks") are trademarks (unregistered) of P2P-Frank. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the P2P-Frank Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the P2P-Frank Marks generated as a result of Your use of the Website and Services will inure to the benefit of P2P-Frank, and You agree to assign, and hereby do assign, all such goodwill to P2P-Frank. You shall not at any time, nor shall You assist others to, challenge P2P-Frank’s right, title, or interest in or to, or the validity of, the P2P-Frank Marks.

20. DISCLAIMERS; LIMITATION OF LIABILITY

(a) NO WARRANTIES.

P2P-FRANK, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, P2P-FRANK, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER P2P-FRANK NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS. NEITHER P2P-FRANK NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.

(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD P2P-FRANK OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

(c) LIMITATION OF LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or

· use of or reliance on any content displayed on our site.

Please note that in particular, we will not be liable for:

· loss of profits, sales, business, or revenue;

• business interruption;
• loss of anticipated savings;

· loss of business opportunity, goodwill or reputation; or

· any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to from our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(d) APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND P2P-FRANK OR BETWEEN YOU AND ANY OF P2P-FRANK' 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. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. P2P-FRANK' 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 SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

21. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other P2P-Frank policies, and with any applicable laws or regulations in your country.

22. INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless P2P-Frank and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Industry Professionals (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to P2P-Frank or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; (v) Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights; or (vi) any goods or services you advertise or solicit through the Website and/or Services.

The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defence by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

23. TERMINATION

(a) By P2P-Frank

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, P2P-FRANK RESERVES THE RIGHT TO, IN P2P-FRANK' SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

(b) Automatic Termination Upon Breach By You

This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by P2P-Frank.

(c) By You

You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to P2P-Frank notice of Your intention to do so. Further information in regards to your right to data removal and your right to be forgotten, please refer to our privacy policy

(d) Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, P2P-Frank may, but has no obligation to, in P2P-Frank' sole discretion, rescind any services and/or delete from P2P-Frank' systems all Your Personal Information and any other files or information that You made available to P2P-Frank or that otherwise relate to Your use of the Website or Services. Subsequent to termination, P2P-Frank reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. YOU ACKNOWLEDGE AND AGREE THAT TERMINATION OF THIS AGREEMENT WILL TERMINATE ALL OF YOUR RIGHTS IN THE PAID GOODS AND SERVICES YOU PURCHASED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION DIGITAL GOODS SUCH AS BADGES. YOU HEREBY AGREE THAT THERE ARE NO REFUNDS FOR PAID GOODS AND SERVICES UPON TERMINATION.

24. GENERAL

This Agreement constitutes the entire agreement between P2P-Frank and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of P2P-Frank or by the unilateral amendment of this Agreement by P2P-Frank and by the posting by P2P-Frank of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of P2P-Frank. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and P2P-Frank are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. There are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to P2P-Frank and P2P-Frank' licensors and suppliers, and would therefore entitle P2P-Frank or P2P-Frank' licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.

25. APPLICABLE LAW

These terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction in relation to any claim or dispute.

26. THE GORILLA

You agree to occasionally feed the Gorilla. Well done for actually reading the T&Cs; I hope you had as much fun reading them as I did writing it. Contact P2P-Techie and tell him you have fed the Gorilla for a special "I love T&Cs" Token for your profile :)

Effective Date: 24/08/2018