Term of use
1. Introduction
1.1. These Crypitor.com Terms of Use (the "Terms") govern your access to and use of our website and mobile application (collectively, the "Platform"), and associated content, features, software and applications in the Platform (collectively, the "Service").
1.2. The Platform and the Service is administered and maintained by Crypitor ("CRYPITOR"). The terms "we", "us" and "our" also refer to CRYPITOR. The term "you" refers to the person visiting the Platform.
1.3. Please read these Terms carefully. They contain important information regarding your legal rights, including limitations on CRYPITOR's and certain third parties' liability, disclaimers of warranties and a submission to jurisdiction. Each time you access the Service by any means (for example, through the Internet or on a mobile device), you irrevocably agree to comply with the version of the Terms posted on the Platform at the time you access the Platform. You may not use the Platform or the Service if you do not agree to these Terms.
2. Eligibility
2.1. Eligibility To access or use the Service, you must be at least of legal age in your respective jurisdiction. The Service is strictly for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You must not use the Service if we have terminated any account of yours or banned you from use of the Platform or the Service.
3. Account
3.1. You would need to have an account with Crypitor ("Account") in order to use some parts of the Service. When you create an Account, you represent and warrant that you are at least of legal age in your respective jurisdiction, you are capable of entering into and performing legally binding contracts under applicable law, and that all information which you provide is accurate, up-to-date, truthful and complete.
3.2. You are solely responsible for all activities under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You therefore agree to keep your password secure and keep your account information up-to-date at all times.
3.3. Unless expressly permitted by Crypitor and subject to the Terms and any other additional terms as Crypitor solely and absolutely determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or Account information to another party and must not use another user's Account without their written permission.
3.4. Crypitor may occasionally contact you on the email address provided in your Account registration. You will not be able to opt out from such communications, and you shall take the responsibility to ensure that your email address is up-to-date. If you missed any communications due to an inaccurate, outdated, or incomplete email address, Crypitor will not be liable for any losses or damages caused by you missing the communication.
4. Disclaimers and Limitation of Liability
4.1. THE CONTENT ON THE SERVICE AND THE PLATFORM IS STRICTLY FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY, SECURITY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY, SECURITY OR INSTRUMENT) BY CRYPITOR OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY CRYPITOR. CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO CONTENT ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. CRYPITOR EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CRYPITOR DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. CONTENT ON THE SERVICE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL PRODUCT OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF CRYPITOR.
4.2. The Content provided on the Service is submitted to CRYPITOR by unrelated third-party providers. CRYPITOR does not review all Content for accuracy, does not review Content for completeness or reliability, and does not warrant or guarantee the accuracy, completeness, reliability or any other aspect of any Content.
4.3. THE SERVICE AND THE CONTENT PUBLISHED WITHIN THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. CRYPITOR DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE SERVICE OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICE OR THE CONTENT. CRYPITOR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE OR ANY CONTENT, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION. THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CRYPITOR DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SERVICE, ITS SERVERS, OR ANY EMAIL OR ELECTRONIC MESSAGE SENT FROM CRYPITOR, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRYPITOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
4.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYPITOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
4.5. IN NO EVENT SHALL CRYPITOR (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SERVICES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SERVICE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CRYPITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.6. IN NO EVENT SHALL CRYPITOR (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF US$100.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
4.7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
5. Third Party Websites
5.1. The Service may contain links to third-party websites. Your use of all links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party websites does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
5.2. When you leave the Platform, whether via a link contained on the Platform or through the use of your web browser, mobile device or other navigational tool, the information you view is not provided by us. Our terms and policies do not govern your use of third-party websites. We are not responsible for, have no control over and do not monitor or review the content of any other website. A link to a third-party website does not imply sponsorship, approval, affiliation or endorsement by CRYPITOR of the linked third-party website or of that third party's products or services.
5.3. YOU AGREE THAT CRYPITOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.