to your access and/or use of the Internet
(the "Website") offered and featured by Crypta one its
subsidiaries and affiliates ("Crypta one" or "we" or
"us"). Registered users of the Website may purchase
digital currencies using the platform available through the Website
(the "Platform"). You ("User" or "you")
may only use the Website and the Platform in accordance with the
terms and conditions hereunder.
In these Terms, the term "Website" includes, but not limited to, the Website, the Platform and any upgrades, updates, revisions, new versions or releases thereof, any content contained therein, including any concept, theme, character, text, image, graphics, artwork, sound, animation and Marks (defined below), your User Content (defined below), and any related documentation, but excluding Third Party Content and/or Third Party Sites (defined below).
The Website allows the registered users thereof to purchase digital currencies (such as Dogecoin) (the "Digital Currency") and transfer the Digital Currency into their electronic wallet. You are responsible to comply with all the rules and regulations applicable to the purchase of digital currencies in your state of residence and/or the country from which you access the Website and/or purchasing the Digital Currency using the Website, including any rules and regulations prohibiting and/or restricting the purchase of digital currencies. It is your responsibility to assess the significant risks associated with the trading of digital currencies prior to any purchase of Digital Currency through the Platform. For further information regarding such risks please read carefully the provisions of section 4 to these Terms.
2.1. By accessing and/or using the Website and/or any future updated version thereof and/or by opening an account through the Website as detailed below:
2.1.2. You agree to comply with all applicable laws and regulations regarding your use of the Website, and that you will not use the Website to perform any illegal or criminal activities, such as money laundering, terrorism financing, malicious hacking, illegal gambling etc.; and
2.1.3. You represent and warrant that you are at least at the age of majority and contractual capacity applicable to you, and in any event not younger than 18 years old, and that you possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law.
2.3. The Website and Platform are intended for individuals who are at least at the age of majority and contractual capacity applicable to them and in any event not younger than 18 years old, and who possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. Any access and/or use of the Website by anyone under the age of 18 and/or the applicable age of majority and contractual capacity is expressly prohibited.
Please be aware that the Website may only be available for certain operating systems. You will only access and use the Website on a device running validly licensed copies of the operating systems on which the Website is designed to operate. To be able to access and/or use the Website, or any portion thereof, you must legally obtain all the applicable or required facilities, utilities, software and equipment at your sole risk and expense.
Although the Website may be accessible worldwide, we do not represent that the Website or related materials are available in all languages, or available, appropriate or legally permissible for use in all locations, and accessing the Website from territories where the use thereof is illegal is prohibited. If you choose to access and use the Website, you do so at your initiative and are responsible for compliance with any applicable laws. Crypta one reserves the right to limit the availability of the Website, or any portion thereof, to any user, geographical area or jurisdiction, at any time in its sole discretion.
The Website's availability and functionality depend on various factors, such as software, hardware and the services’ providers and contractors of Crypta one. We do not warrant or guarantee that the Website will operate at all times without disruption or interruption, or that the Website will be immune from unauthorized access or error-free.
When using the Website in a vehicle you agree to obey all applicable traffic laws and otherwise drive safely, and if you are the driver, you are not permitted to use the Website unless your vehicle is stationary and legally parked.
Your use of the Website shall require internet connection or certain data access. To the extent that third party service provider or carrier charges for your internet or data usage, you agree to be solely responsible for and to pay any such charges.
We reserve the right to revise, modify, correct, amend, enhance, improve, update, make any other changes to, or discontinue, temporarily or permanently, the Website (or any part thereof) and/or the operation of the Platform without notice, at any time. In addition, you hereby acknowledge that the Content (defined below) provided under the Website may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website and/or the Platform and/or the Content (defined below) included therein. You hereby agree that we are not responsible for any errors or malfunctions that may occur in connection with the performing of such changes, revisions or updates. If Crypta one provides you with any updates, upgrades and any new versions of the Website according to its then current policies, it may include automatic updating or upgrading of the Website with or without any additional notice to you, and the Terms will govern any such updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Website shall include such updates. For clarity, we have no obligation to provide updates.
You acknowledge and agree that Crypta one is not obliged to provide you with any maintenance or support services with respect to the Website except as may be required by applicable laws.
We shall endeavour to display on the Website current and accurate information, however you acknowledge and agree that the Website and the Content (as defined below) may not be accurate or current at all time, may contain errors from time to time and may suffer technical errors. Information displayed on the Website, including without limitation information regarding prices, fees and our policies, may be updated and/or changed from time to time without notice. Before relying on any information presented on the Website for taking any decisions, you must verify such information, and any such decision is made at your sole responsibility. We shall not bear any responsibility and/or liability for any decision made (including the purchase of Digital Currency) based on any information presented on the website.
We shall not bear any responsibility and/or liability for any damage or interruptions caused in connection with the use of the Website, by any viruses, worms, Trojan Horses, time bombs, web bugs, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component.
Subject to these Terms, we grant you a revocable, personal, non-exclusive, non-sub-licensable, non-transferable limited right and license to access and use the Website from an authorized computer, tablet, mobile telephone or other device that you own or control ("Device"), only in compiled machine-readable form, solely for your personal non-commercial use and for no other purpose whatsoever, strictly in accordance and compliance with these Terms (as amended from time to time), their related documentation and applicable law ("License"). Nothing herein shall constitute as granting you with any interest and/or right in and/or to any intellectual property rights of Crypta one, other than the License granted hereunder. No right, license, or interest to the trademarks and/or trade names of Crypta one and/or other third party is granted hereunder, and you agree that no such right, license or interest may be asserted by you with respect thereto and therefore you will avoid using any of those Marks (defined below), except as permitted herein.
If you contact and/or provide Crypta one with feedback, comments, ideas, suggestions or the like regarding the Website and/or Platform (collectively, "Feedback Data"), you agree that all such Feedback Data shall be deemed to be non-confidential, and Crypta one shall have an exclusive, royalty-free, license-fee free, worldwide, perpetual license to incorporate into the Website and/or Platform any such Feedback Data and/or use same for any purpose. Further, you declare and warrant that the Feedback Data is not subject to any license terms that would purport to require Crypta one to comply with any additional obligations with respect to any current or future products, technologies or services of Crypta one that incorporate any Feedback Data.
You shall use the Website in accordance with all applicable laws, regulations and rules. You agree that you will not use the Website for any purpose for which it is not designed or intended pursuant to these Terms. You agree to fully comply with all applicable export laws and regulations to ensure that neither the Website nor any data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. In addition, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) that you are not a politically exposed person (PEP).
The Digital Currency available through the Website are a type of decentralised digital currency or asset which are not issued by any central bank or issuer in which encryption techniques are used to facilitate the generation of units of the currency or asset and verify the transfer of units. Accordingly, such currencies bears special risks not generally shared with official currencies, commodities or goods traded in regulated markets. Not like official currencies that are backed by governments and central banks, or commodities such as silver and gold, digital currencies are unique kind of “fiat” currency, backed by technology and trust. In a time of crises, there is no central bank or governmental entity that may issue additional currency or take corrective measures to protect the value of the digital currency.
Trading of digital currencies involves significant risks. The digital currencies market is decentralized, non-regulated and determined by demand and supply only. The prices of digital currencies may fluctuate at any given time, may be subject to large shifts in value and may even become worthless. Due to such price fluctuations, the holders of digital currencies may increase or lose value in their assets at any given time. Accordingly, you should not deal in digital currencies unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the digital currencies are suitable for you in light of your circumstances and financial position.
You should never trade digital currencies using funds that you cannot afford to lose, and you should carefully assess whether your financial standing and tolerance for risk are suitable for buying, selling or trading Digital Currency. You expressly acknowledges that we do not guarantee that the purchase of Digital Currency and/or other use of the Website shall yield any profits, and that you should carefully consider the purchase of Digital Currency in light of the risks set forth herein (which are not conclusive list) and your financial circumstances.
We may use financial institutions in order to receive funds used for the purchase of Digital Currency. However, financial institutions may not agree to provide services in connection with digital currencies, such as transfer or exchange of digital currencies. Accordingly, you may not be able to receive banking services from financial institutions in connection with any Digital Currency purchased through the Website.
Please note that the risks set forth above are not a closed list of all the risks associated with the trading of digital currencies and these Terms are not intended to identify all the foreseen risks related to digital currencies.
In order to purchase Digital Currency through the Website, you will be required to create and register for an account (the "Account"). You may only create one Account on the Platform, and any additional account you will try to create may be suspended or cancelled. You agree not to create an Account for anyone else or use the Account of another without their permission.
We may, under our sole and exclusive discretion, refuse opening an Account from any reason (including without reason) and we shall not bear any lability in the event of such refusal.
We may transfer to third parties the information furnished by you for the purpose of providing you with the services available hereunder. We may also perform, directly or using third parties, inquiries with resect to your personal information to the extent required in order to prevent fraud, misidentification, money laundering or any other forbidden activity. Based on such investigations, we may take any action we deem necessary, including termination and/or suspension of your Account and/or of any pending transaction in your Account. By accepting these Terms, you hereby agree for such inquiries.
We may terminate any Account and/or immediately suspend any trading activities (including any pending purchase orders) in any Account and/or deny any new transactions in any Account and/or freeze any funds available on any Account in the event such Account has been created and/or used in breach of these Terms (including in the event the User has failed to pay for any transaction) and/or if we suspect that any activity in such Account is illegal, prohibited or illegitimate and/or is non-compliant with any laws and/or regulations and/or if we are requested to so act by any competent authority such as court or governmental authority and/or from any other reason under our sole and exclusive discretion. Such termination and/or suspension shall be made without derogating from any other remedy reserved to us for such breach.
You are solely liable for all activities that occur in connection with and in your Account and through use of your credentials. You must keep your Account password confidential and secure. The exposure of your Account information may result in the theft of funds or Digital Currency from your Account. We shall not be liable and/or responsible for any damages and/or losses you may bear as a result of unauthorized use of your Account and/or for any act and/or omission of any third party for whom you granted access to your Account. You agree to promptly notify Crypta one of unauthorized use of your Account's credentials and other breach of security related to your Account, by sending an email addressed to email@example.com. You may change the password of your Account in the settings of the Website or another dedicated screen on the Website.
You may deactivate your Account at any time by following the instructions set forth in the Website. Your Account will be deactivated within a reasonable time following your request, and from that date of deactivation you will no longer be able to access your Account and its contents. Deactivating your Account may cause the loss of certain information you provided us, including without limitation User Content (defined below) and/or the capacity of your Account. We do not accept any liability for such loss.
In addition to the foregoing, Crypta one reserves the right to terminate your access to and use of the Website, cancel or deactivate your Account, delete any of your User Content (defined below) that may be contained therein and any personal information we collected from you, immediately at any time, for any or no reason, with or without notice, and will not be liable for such actions.
Purchasing Digital Currency
In order to purchase Digital Currency, you shall be required to deposit into your Account the funds (in US$) required for such purchase, and any purchase of Digital Currency through the Website shall not be permitted until such funds have been actually deposited into your Account. We may terminate any transaction in the event that the payment made by the User is declined from any reason.
You agree to pay us the fees set forth on the Website with respect to the purchase of any Digital Currency. We reserve the right to change the fees, from time to time, and any such change shall become effective once updated on the Website.
You shall bear the sole and exclusive responsibility for any purchase instructions made by you through the Website and/or in your Account, including with respect to any errors in such instructions, and we shall not bear any liability and/or responsibility in such respect.
Any transaction for the purchase of the Digital Currency shall be considered pending until we shall provide you, through the Website, with a written confirmation for the execution of such transaction. Once the purchase of the Digital Currency shall be completed: (a) your Account shall be debited with the purchase price (in US$) and with the fees and commissions payable to us and/or third parties for such transaction (as set forth in the Website); and (b) the Digital Currency purchased by you shall be transferred to the wallet address that has been provided by you through the Website. In order to ensure that the Digital Currency you purchase shall be available to you, you must keep the password of your wallet in a secured place. You acknowledge that the transfer of the Digital Currency purchased by you to your wallet may take time and may be completed separately from and later than the debit of the purchase price and the fees from your Account.
For each Digital Currency purchased, you shall be required to pay the purchase price displayed on the Website at the time you place a purchase order. We reserve the right to change the purchase price at any time prior to the confirmation by us of any purchase transaction. It should be noted that the purchase price may change following the placement of purchase orders and that we shall not be committed to any price prior to the conformation of the purchase transaction by us.
Once the purchase of Digital Currency is completed, it shall be non-reversible, non-cancellable and non-refundable. You may also not be able to cancel any pending transaction, however we may, in certain circumstances and subject to our sole and exclusive discretion, cancel any pending transaction upon your request (however, you will not have right and/or claim against us in the event we shall not cancel such pending transaction).
You agree that in certain circumstances you shall not be able to complete any transaction for the purchase of Digital Currency and you wave any claim and/or right against us regarding the inability to complete any transaction from any reason.
We may use the payment processing services of third parties in order to process currency payments into your Account. In order to use such processing services, we may be required to make available to the providers of the processing services with certain information and/or documents about you, which information and/or documents may be used for the provision of these services and/or for the purpose of making any inquiries in the event of suspicion of any fraud and/or other illegal activities.
We may place certain restrictions with respect to the purchase of Digital Currencies and may place limits with respect to transactions volume in any given period, all in accordance with our policies as may be updated from time to time.
You shall be responsible for payment of your respective taxes due under any applicable law and to file any applicable report to the applicable tax authorities in connection with any transaction made by you through the Website. We shall not be deemed as providing you with any tax consultation or advice.
We do not provide investment advice, nor provide any personalized investment recommendations and/or advise you on the merits of any investments. The information presented on the Website and/or the services available through the Website do not and are intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You are using the Website at your own risk and we will not be liable for any losses that you may sustain as a result of such use. We do not guarantee success of any investment strategy. Investment strategies are subject to various market, currency, economic, political and business risks. Investment decisions may not be profitable and may result in the loss of your entire invested amount. Past performance is not a guarantee or prediction of future performance.
You should not consider any content displayed on the Website to be a substitute for professional financial and/or investment advice. If you choose to engage in transactions based on the content displayed on the Website, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility.
Except as expressly permitted herein, you shall not (and not permit any third party) to: (i) copy, modify, improve, incorporate into or with other software, or create derivative works of the Website, or any part thereof; (ii) decompile, disassemble, decrypt, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Website, or any portion thereof; (iii) alter, remove or obscure any product identification, name, mark, logo, tradename, trademark, service mark, copyright, patent or other proprietary notices or markings, legends, symbols or labels contained in or displayed on or via the Website ("Marks"); (iv) sell, lease, lend, sublicense, provide or otherwise distribute or transfer the Website, or any portion thereof; (v) make the Website available over a network or other environment permitting access or use by multiple users or devices at the same time; (vi) use for timesharing or service bureau purposes or otherwise use or allow others to use the Website to or for the benefit of third parties; (vii) disable, circumvent or otherwise interfere with the Website' security-related features or technical restrictions; (viii) use Crypta one' name, logo or trademarks; (ix) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Website; (x) use the Website for any commercial purpose or for the benefit of a third party or in any manner not permitted herein, (xi) invade the privacy rights of any Website user or third party; (xii) use the Website to perform comparisons or other benchmarking activities, either alone or in connection with other software or hardware (and in any event you are prohibited from publishing the results of such activities); (xiii) publish reviews of the Website without the prior written consent of Crypta one; (xiv) use the Website to violate any applicable laws, rules or regulations, for any illegal or unauthorized purpose or in any manner that breaches the terms hereof; (xv) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (xvi) bypass any measures we may use to prevent or restrict access to the Website; (xvii) transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component; (xviii) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made on or through the Website, including any information, videos, text, graphics and/or software programs used in connection with the Website, materials, descriptions and/or data obtained from or through the Website (collectively, "Content"), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; and/or (xix) create a browser or border environment around the Content (no frames or inline linking is allowed), frame or mirror any part of the Website without the prior express written authorization of Crypta one.
The Website may use or include third party software that is subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, the Website is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and the terms hereof, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Website and Crypta one disclaims all liability related thereto. Under no circumstances shall the Website or any portion thereof (except for the Third Party Components contained therein) be deemed to be "open source" or "publicly available" software.
Ownership; Copyright Protection
Notwithstanding anything to the contrary herein, you agree that the Website and Platform are being licensed hereunder and not sold. Crypta one and/or its licensors retain exclusive ownership of all right, title and interest in and to the Website and Platform and any Intellectual Property (defined below) and/or confidential information embedded therein, and other proprietary materials provided by Crypta one to you hereunder. The Website and Platform are protected by applicable copyright, patent and other intellectual property laws and treaties. All rights not expressly granted to you hereunder are reserved by Crypta one and its licensors. "Intellectual Property" means all legal right, title and interest evidenced by or embodied in any: (i) invention (whether patentable or unpatentable and whether or not reduced to practice) and improvements thereto, (ii) patent, patent applications and patent disclosures; (iii) work of authorship, regardless of copyright ability, copyrightable works and all copyrights (including moral rights); (iv) trade secret, know-how and confidential information; (v) trademark, service mark, trade names dress, style and design and logo; and (v) any other intangible and/or similar intellectual property right, in each case on a worldwide basis.
You agree and warrant that: (i) you own your User Content and/or possess the necessary rights to use and grant the rights and licenses as set forth herein; (ii) your submission and/or use of your User Content as contemplated herein will not violate, misappropriate or infringe upon any rights of a third party, including but not limited to, any privacy, publicity, intellectual property and/or other proprietary rights; and/or (iii) you will pay all fees, royalties, and other amounts that may be payable as a result of your use of your User Content via and/or in connection with the Website.
You may not imply that any User Content is any way sponsored or endorsed by Crypta one. You shall be solely responsible for your User Content and the consequences of your submission, and/or use thereof via and/or in connection with the Website.
When using the Website you may be exposed to third parties User Content. You expressly acknowledge and agree that Crypta one has no obligation to, and does not, review, monitor or approve the content of and/or use of any User Content, and is neither responsible or liable for the legality, reliability, availability, operability, accuracy, completeness, security, relevance, or inappropriate nature thereof, nor for any loss or damage caused or alleged to have been caused by, or in connection with, your access to, use of, or reliance thereupon. Your access to, use of, and reliance upon, any third party User Content and your dealings with such third parties via and/or in connection with the Website are at your sole risk and expense and you expressly release Crypta one from all liability arising therefrom.
Notwithstanding the foregoing, Crypta one has the right to access, review, edit, remove, preserve and disclose any User Content, or any portion thereof, or other information it obtains in connection with the Website as it deems necessary to: (i) comply with any applicable laws, rules, regulations, codes, orders or requirements of a court, administrative agency or other governmental body, including investigation of potential violations thereof; (ii) ensure your compliance with and/or to enforce the terms hereof, including investigation of potential noncompliance herewith; (iii) detect, prevent, or otherwise address security or technical issues, unlawful, fraudulent or improper activity via the Website; (iv) protect the rights, property or safety of Crypta one, its users or the general public; and/or (v) respond to your support requests.
If you believe a User acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behaviour, please report immediately such person to the appropriate authorities and to us via the e-mail address: firstname.lastname@example.org.
Copyright and Content Policy
If you believe that your intellectual property
rights have been violated by Crypta one, please provide us the following
information in writing: (i) a physical or electronic signature of a
person authorized to act on behalf of the owner of the right; (ii) a
description of the copyrighted work or other intellectual property
that you claim has been infringed or, if multiple infringing works
at a single online site are covered by a single notification, a
representative list of such works at that site; (iii) a description
of the material that you claim to be infringing or to be the subject
of infringing activity, and information sufficient to permit us to
locate the material; (iv) information so that we can contact you,
such as address, telephone number and e-mail address; (v) a
statement that you believe in good faith that use of the material in
the manner complained of is not authorized by the copyright or
intellectual property owner, its agent or the law; (vi) a statement
by you, made under penalty of perjury, that the information in the
notification is accurate and that you are the copyright or
intellectual property owner or authorized to act on behalf of the
copyright or intellectual property owner. Infringement claims and
notices should be sent by e-mail to: email@example.com.
Please note that any person who knowingly materially misrepresents under this Section: (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.
We will respond to clear notices under this Section. Please be advised that we will remove or replace the User Content only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
Third Party Sites; Third Party Content
The Website may enable you to access and view content from third party websites or features, including applications ("Third Party Sites"), and the Website may display third party advertisements (collectively "Third Party Content"). The Website may also include links to Third Party Sites.
The Website may enable interactions or connection between the Website and Third Party Sites, which may, inter alia, allow you to post User Content onto a Third Party Site, and allows a Third Party Site to gather and/or pull information from your Account ("Third Party Connections"). You acknowledge that if you enable Third Party Connections you agree that your User Content and other information, including personally identifiable information, may be shared, publicly displayed and/or associated with you. Your use of Third Party Connection is at your sole risk and expense and you expressly release Crypta one from all liability arising therefrom.
You acknowledge and agree that Crypta one has no control over, does not operate, maintain or endorse, assumes no responsibility for, and makes no representations concerning: (i) Third Party Sites, Third Party Content and/or the owner, operator, or distributor thereof ("Third Party Provider"); (ii) the actions or practices of the Third Party Provider; (iii) performance or operation of any Third Party Content and/or Third Party Site; and/or (iv) any products or services advertised or sold via any Third Party Content and/or Third Party Site and the sellers thereof. Crypta one reserves the right to block access to or remove any Third Party Site and/or Third Party Content, as applicable, at any time in its discretion.
You expressly acknowledge and agree that Crypta one has no obligation to, and does not, review or approve the content of any Third Party Sites and/or Third Party Content, is neither responsible or liable for the legality, reliability, availability, operability, accuracy, completeness, security, relevance, or inappropriate nature thereof, nor for any loss or damage caused or alleged to have been caused by, or in connection with, your access to, use of, or reliance thereupon. Your access to, use of and reliance upon, any Third Party Site and/or Third Party Content and your dealings with third parties via the Website are at your sole risk and expense and you expressly release Crypta one from all liability arising therefrom.
You acknowledge and agree that your use of any Third Party Site and/or Third Party Content is subject to any terms of the relevant Third Party Provider and is not governed by these Terms.
Interaction Between Users
You are advised to exercise caution in your interactions with other users of the Website, including but not limited to, when posting User Content or other personal information. Your interactions with other users of the Website, whether online or offline, and their consequences, are solely at your sole risk and you expressly release Crypta one from all liability arising therefrom and from the conduct of any user of the Website. Crypta one has the right (but is not obliged) to monitor or become involved in disputes between you and other users of the Website.
These Terms shall continue until terminated as set forth herein. If you object to any term of these Terms, as may be amended from time to time, or become dissatisfied with the Website, your sole remedy is to stop your use thereof. Crypta one may terminate your access to the Website, or any part thereof, at its sole discretion, at any time, for any reason and without notice. Crypta one will not be liable to you or any third party for termination of the Website or your use thereof. Upon termination hereof: (i) the License and all other rights granted to you hereunder will automatically terminate and you must immediately cease all use of the Website; and (ii) any of your information in your Account will no longer be accessible by you via the Website. Sections 2, 3, 7, 8, 9, 10, 14 through 19 shall survive any termination hereof. Termination is not Crypta one' exclusive remedy, and all other remedies will be available to Crypta one whether or not these Terms are terminated.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE WEBSITE, PLATFORM, CONTENT, THIRD PARTY COMPONENTS, THIRD PARTY CONTENT AND USER CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" AND YOU BEAR ALL RISK OF USING IT. Crypta one, ITS OFFICERS, ITS AFFILIATES AND ITS LICENSORS (IN SECTIONS 15, 16 AND 17 BELOW: "WE", "US" OR "OUR") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN RELATION TO THE WEBSITE, PLATFORM, CONTENT, USER CONTENT, AND/OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT: (I) THE WEBSITE WILL BE FREE FROM DEFECTS, VIRUSES, HACKS OR OTHER HARMFUL CODE; (II) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE; (III) WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE WEBSITE; (IV) THE WEBSITE WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATABILITY PROBLEMS; AND/OR (V) MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE, AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN Crypta one. WE DO NOT WARRANT THAT ANY CONTENT, USER CONTENT AND/OR ANY THIRD PARTY CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE OR CURRENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Crypta one OR THROUGH THE WEBSITE, THIRD PARTY CONTENT OR USER CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EXCEPT FOR ANY WARRANTIES EXPRESSLY STATED IN THESE TERMS, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE OR AS TO THE SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY OF THE WEBSITE REMAIN WITH YOU.
WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE DO NOT WARRANT OR GUARANTEE THE SECURITY OF THE WEBSITE OR OF COMMUNICATIONS MADE USING THE WEBSITE, AND YOU ASSUME ALL RISKS ASSOCIATED WITH THE SAME. YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE MAY, IN ORDER TO PERFORM THEIR FUNCTION, MODIFY THE CONFIGURATION OF YOUR DEVICE, ITS SOFTWARE AND OTHER DEVICES INSTALLED THEREON, THAT WE DO NOT WARRANT OR GUARANTEE THE FAULT-TOLERANCE OF SUCH MODIFICATIONS, AND YOU ASSUME ALL RISKS ASSOCIATED WITH THE SAME.
THE ACCESS AND USE OF THE WEBSITE AND/OR THE PURCHASE OF DIGITAL CURRENCY THROUGH OR IN CONNECTION WITH THE WEBSITE OR AS A RESULT OF AN ADVERTISEMENT DISPLAYED THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHER PERSONS OR ENTITIES THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, IT IS EXPRESSLY AGREED THAT WE SHALL NOT, IN ANY EVENT AND UNDER ANY CIRCUMSTANCES, BEAR ANY LIABILITY WITH RESPECT TO ANY FAILURE AND/OR INABILITY TO EXECUTE AND/OR COMPLETE ANY TRANSACTION FOR THE PURCHASE OF DIGITAL CURRENCIES.
IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT WILL WE BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY) FOR DEATH, PERSONAL INJURY OR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, BUSINESS INFORMATION, CORRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR DAMAGES TO PROPERTY, COMPUTER OR OTHER DEVICE FAILURE OR MALFUNCTION) ARISING HEREUNDER OR FROM YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY THIRD PARTY CONTENT, HOWEVER CAUSED, EVEN IF ANY OF US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER Crypta one USERS, THIRD PARTIES, THIRD PARTY SITES AND/OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR THIRD PARTY CONTENT SHALL BE LIMITED TO THE AMOUNTS OF FEES ACTUALLY PAID BY YOU, IF ANY, TO Crypta one FOR USE OF THE WEBSITE OR $US100, WHICHEVER IS GREATER. IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Indemnification and Injunction
You agree to defend, indemnify and hold us harmless from and against all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorneys' fees) arising from or connected to: (i) your use or misuse of or activities in connection with the Website, or inability to use the Website; (ii) your violation of these Terms, any law or rights of third parties; (iii) your User Content, access and/or use of the Website and interactions with other users of the Website or third parties; and/or (iv) any products or services that you purchase as a result of any User Content or Third Party Content displayed through the Website. The foregoing indemnity obligations will survive any termination hereof. Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defence and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defence. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
You agree that if you breach any of your obligations hereunder, you might cause irreparable harm to Crypta one, and you agree that Crypta one will be entitled, in addition to other rights or remedies it may have hereunder or under applicable laws, to take such actions as may be required, including immediate injunctive relief, to enforce your obligations, without the necessity of proving actual damage, posting bond or making any undertaking in connection therewith.
Amendments to the Terms
These Terms constitute the entire agreement between the User and Crypta one and supersede all prior oral or written communications, agreements and/or understandings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The User may not assign and/or transfer any of its rights and/or obligations hereunder without the prior written consent of Crypta one. Any attempt to do so in violation of the foregoing shall be void. Crypta one may assign or transfer its rights and/or obligations hereunder without restriction or notification. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof or constitute any form of estoppel and no waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties hereto. We shall not be liable for any failure or delay or inability in performing our obligations under these Terms, when the failure or delay or inability is due to force majeure and/or any cause beyond our reasonable control, including but not limited to an Act of God, storm, flood, earthquake, labor strike or other work stoppage, equipment failure, rebellion, riot, sabotage, fire, explosion or similar causes. Any notice, report, approval or consent required or permitted hereunder shall be in writing, delivered to such party’s address as set forth herein, or at such other address as a party may designate by a ten (10) business days’ advance written notice to the other party. Notices shall be effective on the business day sent if delivered personally or via email, or four (4) business days after post-marking if sent by certified or registered mail. These Terms shall be governed by and construed in accordance with the laws of England and Wales without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. Any dispute arising out of or related to the Website will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of England and Wales. You agree to waive all defences of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. The parties agree that all correspondence relating to these Terms shall be written in the English language. If you have any questions, complaints or claims regarding the Website you may contact us at: Address: Nomad Digital Assets Limited, 20-22 Wenlock Road, London, England, N1 7GU mail: firstname.lastname@example.org. For the avoidance of doubt any questions, claims or comments regarding Third Party Websites and/or third Party Content should be directed to the Third Party Provider. YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.