GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT
2. The Company can block access or restrict certain features of the Bot for the User in relation to User’s place of residence or citizenship, or due to lack or absence of certain KYC information or documents, that shall be presented by the User on requests of the Company during the period of service provision.
3. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the Services or for any other Company`s product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
5. The following definitions and rules of interpretation apply in this Agreement:
|«Account»||A set of protected pages in Bot created as a result of the User registration in the Bot, using which the User can open a virtual wallet, place Advertisements for further execution of Deals as well as instruct the Company commissions stipulated by the present Agreement.|
|«Advertisement»||User’s offer to make a Deal on certain conditions.|
|«Bot»||Special telegram account available at @Chatex_bot, operated by software created by the Company designated for provision of Services to Users|
|«Company»||HIGHTRADE FINANCE LTD, a company registered in accordance with legislation of Saint Vincent and the Grenadines, with Registration number 23905 IBC 2017|
|«Cryptocurrency» or «virtual currency»||Digital cryptographic representation of assets, represented by Ethereum (ETH), Bitcoin (BTC) and any other type of cryptocurrency.|
|«Deal»||An agreement on onerous alienation of rights on сryptocurrency or fiat currency concluded between the Users through the Bot.|
|«Exchange Rate»||Relation between the amount of Funds and the price offered by the User for Deals of exchanging Funds.|
|«Fees»||Rewards payed to the Company by the parties of Deals and the prices for additional services rendered by the Company|
|«Fiat currency»||A government-issued currency, that is designated as legal tender in its country of emission on the legislative level.|
|«Funds»||Cryptocurrency used during the execution of Deals|
|«KYC/AML Policy»||Policy on prevention of money laundering and terrorism financing, that states the general principles of AML/CFT measures taken by the Company and constitutes an essential part of the Agreement, and the text of which is available at chatex.com.|
|«Parties»||You (User) and the Company (We).|
|«Services»||a. Funds trading management services, provided that the Company is the matchmaker of Deals, not a buyer or seller participating in Deal;
b. Customer services;
c. Technical and management services ensuring the normal operation of the Company or the Bot;
Other services publicly announced by the Company.
|«User»||An individual сapable under personal law natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Bot and has accepted the terms and conditions of the present Agreement with the Company. The Company reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users.|
|Virtual wallet||A virtual wallet that can be opened in Account in order to exchange virtual currencies. Such accounts opened through our Partner BitGo. On more technical information about such wallets please learn https://www.bitgo.com/terms|
|«Website»||A group of interrelated websites owned and operated by the Company, available in the Internet via address: chatex.com.|
|«Withdrawal»||A transaction involving a transfer of Funds from the User’s wirtual wallet.|
6. In this Agreement unless the opposite is clear from the context the following rules of interpretation apply.
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term ‘including’ does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
i) A reference to writing or written includes fax and e-mail.
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the Saint Vincent and the Grenadines and to the general rules of interpretation of such terms accepted in the Internet network.
7. RISKS NOTIFICATIONS
8. The trading of goods and products, real or virtual, as well as virtual currencies involves a significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency, virtual or not, may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling, or trading anything on a market.
9. Cryptocurrency trading also has special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies that are backed by governments, other legal entities, or commodities such as gold or silver, Cryptocurrencies are a unique type of “fiat” currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis.
10. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global market of currency firms and individuals. Traders put their trust in a digital, decentralised, and partially anonymous Cryptocurrency that relies on peer-to-peer networking and cryptography to maintain its integrity.
11. The trading of Cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the Bot is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
12. Virtual wallet and Cryptocurrency stored in it are unlike bank accounts or accounts at some other financial institutions are entirely uninsured.
13. User acknowledges that there are risks associated with using of the Bot including, but not limited to, the failure of hardware, software, and Internet connections. User acknowledges that Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the the Bot howsoever caused.
14. Funds may be held by the User in his digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private keys associated with such the User`s digital wallet or vault storing the Funds may result in loss of such Funds, access to User`s Cryptocurrency balance, and/or any initial balances in blockchains created by third parties.
15. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Ethereum network and associated blockchain networks and different Cryptocurrencies could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of any Cryptocurrency, which could impede or limit their existence, permissibility of their use and possession, and their value.
16. The tax characterization of the Cryptocurencies is uncertain. The User shall seek his own tax advice regarding the Deals, which may result in adverse tax consequences for the User, including, without limitation, withholding taxes, transfer taxes, value added taxes, income taxes, and similar taxes, levies, duties or other charges and tax reporting requirements.
18. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying, selling, or trading Cryptocurrency.
19. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
a. You shall not create an account with the Bot (an “Account”), or access Services if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Bot;
b. You shall monitor your Account to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of your Account by minors in connection with Services. You are solely responsible for any use of your virtual wallet or other payment instrument by minors;
c. You shall not create an Account if you have already created one Account in the Bot;
d. You shall not have an Account or use Services if you have previously been removed by the Company from the Bot;
e. You shall not use Bot if you are:
i) citizen or resident of: Afghanistan, American Samoa, Austria, Bahamas, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Central African Republic, Democratic Republic of Congo, Cuba, Ethiopia, Gaza Strip, Germany, Ghana, Guam, Guinea Bissau, Guyana, Iran, Iraq, Japan, Laos, Lebanon, Libya, Mali, Myanmar, Netherlands, Nicaragua, North Korea, Northern Mariana Islands, Pakistan, Panama, Puerto Rico, Samoa, Serbia, Singapore, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Trinidad & Tobago, Tunisia, Uganda, United States, US Virgin Islands, Venezuela, West Bank (Palestinian Territory, Occupied), Yemen, Zimbabwe.or other countries where usage or exchange of cryptocurrency is prohibited;
ii) performing any restricted activity with or on behalf of individuals, countries or territories under the relevant sanctions of the United Nations or the European Union (the list is available at https://sanctionsmap.eu/#/main);
f. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
g. You shall not use your Account to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Bot to assist any other party in such illegal activity; and you shall not use your Account to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Bot’s or the platforms underlying code or technical mechanisms; cause damage to the Bot or the Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Bot.
h. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company’s written permission;
i. You shall not access or use an Account that have been sub-licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Company’s consent.
j. Notwithstanding the foregoing, the Company may refuse to provide Bot or Services to any person for any reason or no reason whatsoever.
20. The use of the Bot may require You to create an Account (“Account”). You warrant and represent that all information provided when creating such Account is current, complete, and accurate. You agree to promptly notify the Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
21. By creating an account in Bot, User is permitted to open a non-interest bearing multi-cryptocurrency wallet which is content of permitted cryptocurrencies. However, the Company may restrict Account to some particular virtual сurrencies.
22. Company may open a virtual currency wallet for exchange of cryptocurrencies only after the completion of «Know your User» identification procedure.
23. The Company considers the application for opening a virtual wallet and supporting documents and information, and make a decision within a time frame that the Company at its absolute decision sets forth in every particular case.
24. The Company may reject opening a virtual wallet for User’s Account. The Company shall not be obliged to provide reasons for the rejection. The Company informs a prospective User that its application for virtual wallet opening was rejected.
25. The Company may close a dormant Account at any time with or without notifying User in case if there was no possible mean to contact User.
26. Unless stated otherwise by the applicable law, either the Company or User may initiate the closing of Account at any time, without explaining reasons for it.
27. ccount shall be closed within 5 (five) business days following the receipt of a respective User’s notification. In case the Company have allegations that User’s account is involved in suspicious transactions, Account shall be closed within 2 (two) calendar days. Account shall not be closed in case Account is needed for the execution of other transactions concluded with User or Account’s balance is negative until the transactions shall be completed.
28. Notwithstanding the closure of Account, User’s obligations under this Agreement will continue and all outstanding balances on Account will become payable at once. If Account is closed by the Company and if User still owes any money to the Company, Agreement shall continue to apply to User until the Company has received and acknowledged receipt of all monies due and payable to the Company.
29. In case Account is being closed by the Company or User has not stated any other account where the balance is to be transferred, the Company shall keep the balance without any interest being accrued on the same and subject to fees for keeping the balance. The balance shall be paid out at User’s request pursuant to Agreement and applicable fees. Before paying out the remaining balance, the Company shall identify User.
30. The Company is entitled to close Account unilaterally in the following cases:
b) User has submitted incorrect and/or false and/or misleading information/documents to the Company;
c) User has not accessed Account or executed any transactions for more than 6 continuous months or for other period of time determined by the Company at its absolute discretion and Account balance is zero or negative;d) Signatory right of User’s representative has expired;
e) The Company receives information of User’s negative reputation or User shows disrespect to the Company.
f) The Company suspects that User’s activity is targeted on or funds available on Account are used for money laundering, terrorism financing or the proliferation of WMD purposes; or funds available on Account are unlawful or operations are made in benefit of PEP.
g) Once Account is closed for any reason, all electronic services linked to Account will also be terminated automatically. However, if some funds will be transferred to the Virtual wallet after closing of the Account the User shall provide to the Company written evidences (contracts, agreements) proved that such funds owned by the User.
TERMS OF SALE OF CRYPTOCURRENCIES
31. All prices reflect the exchange rates applicable to the purchase or sale of cryptocurrencies using the fiat currencies or alternative form of cryptocurrencies identified in Advertisement or defined by Users who post relevant Advertisement. We reserve the right to discontinue the sale and purchase of cryptocurrencies without notice.
32. Prior to completing of any transaction through Bot including Deal, withdrawal, we will provide notice of the amount of cryptocurrencies being a subject of such transaction and the amount of Fee User will be required to pay to the Company for such transaction (if applicable). User agrees to comply with any terms and conditions provided within such notice to complete such transaction.
33. In the event of an error, whether via our services, in a purchase confirmation or Advertisement, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your Advertisement and obtain a refund of any amount charged.
34. Only valid payment methods specified by us may be used to place Advertisement or confirm it. By placing an Advertisement to purchase or sale cryptocurrencies or by its confirmation, you represent and warrant that
(a) you are authorized to use the designated payment method and
(b) you agree with amount of Fee that will be deducted after the deal is completed.
If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
EXCHANGE ADVERTISEMENT AND TRADE DEALS
35. User may сreate its own Advertisement or use Advertisement placed by other users contained in the Bot to proceed the new Deal. User who place sell Advertisement or confirm buy Advertisement of another user is called Seller. User who place buy Advertisement or confirm sell Advertisement of another user is called Buyer.
36. The Advertisements shall contain all terms and conditions of a Deal, including, but not limited, User’s account details, total price with all fees and commissions of the Service, all additional fees and commissions, full valid payment details, etc.
37. Users are responsible for the correctness of the information contained in their Advertisements, and responsible for the fraudulent actions in connection with fake and false information in the Advertisements.
38. After the both parties of Deal accept terms of Advertisement full amount of the traded cryptocurrency shall be blocked on User`s virtual wallet until the Seller has confirmed the receipt of payment form the Buyer in full.
39. Seller and Buyer shall provide ID documents, proofs of payments and other additional documents upon request by the Company at any step of Deal. If either party fail to fulfill its obligation on provision of KYC docs the Company is entitled to cancel such Deal.
40. If the Seller does not receive payment from the Buyer and starts dispute arbitration, the Buyer shall provide proof of payment in three (3) hours from request of Company`s support staff. If Buyer does not provide the proof of payment, or the proof of payment is unreadable, or cannot be acceptable by any adequate reason, or the Company have a reason to believe a Buyer may be engaging in fraudulent activity, then the Company is entitled to block such Deal and remove and block all Buyer`s active Advertisement. The Company is also entitled to provide the Buyer’s information to the Seller and/or enforcement agencies for the purpose of preventing or investigating fraudulent activity.
FEES AND BILLING
41. You agree to pay the Company the fees for Deals completed via our Bot (“Fees”) as made available via the section “Fee ” in the Bot, which we may change from time to time. Changes to the Fee are effective as of the effective date indicated in the posting of the revised Fee in the Bot and will apply prospectively to any Deals that take place following the effective date of such revised Fees published in the Bot.
42. You authorize us, or our designated payment processor, to charge or deduct your User Account Funds for any applicable Fees owed in connection with Deals you complete via the Bot.
43. If for any reason the Company is holding Funds in your Account on your behalf, and the Company is unable to return your Funds to your designated External Account after a period of inactivity equal to 24 (twenty four) continuous months, then the Company may report and remit such Funds in accordance with applicable state unclaimed property laws. Provided however that successors, inheritants, legal representatives, guardians, trustees or any other representative of User is entitled to provide evidences on their status and receive and access to the User`s wallet and all funds stored herein.
44. The transfer of withdrawal is performed under the following conditions:
a. After expiration of 7 (seven) calendar days hold period for withdrawals of the amount of cryptocurrency less than an equivalent to $ 15 000 Euro at applicable exchange rate, provided that the Company is entitled to make transfer of withdrawal earlier.
b. After expiration of 14 (fourteen) calendar days hold period for withdrawals of the amount of cryptocurrency exceeding an equivalent to $ 15 000 Euro at applicable exchange rate, provided that the Company is entitled to make transfer of withdrawal earlier.
45. In the course of processing and sending any withdrawals, the Company may be required to share your personal data with other contractual third parties. You hereby irrevocably grant full permission and authority for the Company to share this information with such contractual third parties and release the Company from any liability, error, mistake, or negligence related thereto.
46. The User warrants that he/she/it will withdraw the Funds to his controlled accounts. The Company is not liable for the consequences of such Withdrawals.
47. The Company is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades deals or other decisions or activities effected by you using the Bot or Services. No communication or information provided to you by the Company is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed by Users, and Users are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for them based on Users` personal investment objectives, financial circumstances and risk tolerance. User should consult his/her/it legal or tax professional regarding each specific situation. The Company does not recommend that any Cryptocurrency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Cryptocurrency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. The Company will not be held responsible for the decisions you make to buy, sell, or hold Cryptocurrency based on the information provided by the Company.
48. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR BOT AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR BOT AND/OR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
49. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE BOT MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE BOT.
50. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to certain users.
LIMITATION OF LIABILITY
51. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES.
52. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to Certain users.
53. O THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE BOT EXCEED THE FEES PAID BY YOU TO THE COMPANY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
54. The Company is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
LIMITED RIGHT OF USE
56. You agree that you will not, under any circumstances:
b) Make improper use of the Company’s Services, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; or
c) Use the Bot, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
d) Use exploits, automation software or any unauthorized third party software designed to modify or interfere the Bot;
e) Use the Bot in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere the Bot;
f) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Bot (each a “Server”);
g) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Bot, or other attempts to disrupt the Bot; or
h) Attempt to gain unauthorized access to the Bot, Accounts registered to others or to the computers, Servers, or networks connected to the Bot by any means other than the user interface provided by the Company;
i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
j) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
k) Make available through the Bot any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company`s employee;
m) Use, facilitate, create, or maintain any unauthorized connection to the Bot, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Bot; or (2) any connection using programs, tools, or software not expressly approved by the Company;
o) Solicit or attempt to solicit personal information from other users of the Bot;
p) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Bot; or
q) Upload or transmit or attempt to upload or transmit, without Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
s) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team.
t) Register and use to access to the Bot or Services more than one account. In case if there are reasonable grounds to believe that you have registered or are using more than one Account, the Company has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with you.
u) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to order any Services or for any other purposes.
LINKING TO THE BOT
57. Linking to the Bot is permitted provided that you comply with these rules. However, you are not allowed to use in-line linking or framing. You must not imply that the Company endorses or sponsors the linker of its Bot or Services. You must not use Company’s intellectual property including but not limited to trademarks, trade name, copyright without permission from the Company. Furthermore, you agree to remove the link at any time upon our request.
THIRD PARTY MATERIALS
59. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in the Bot are vested in the Company and/or its licensors and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Bot not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Bot except as expressly authorized herein. Except as otherwise provided, the Content published in this Bot or on the Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
60. The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.
APPLICABLE LAW AND DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
61. This Agreement shall be governed, construed, and enforced in accordance with the law of SAINT VINCENT AND THE GRENADINES.
62. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
63. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Riga International Commercial Arbitration Court in Riga on the basis of written documents (written procedure).
64. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
67. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
68. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User during the creation of Account. The language of the communication shall be English.
70. Despite all the security measures implemented by the Company, the User acknowledges that there are certain risks of the Company being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.
TERM AND TERMINATION
73. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE YOUR ACCESS TO THE BOT AND USER ACCOUNTS OR PORTIONS THEREOF, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE BOT IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
74. The Company reserves the right to stop offering and/or supporting the Bot or part of the Bot at any time either permanently or temporarily, at which point your license to use the Bot or a part thereof will be automatically terminated or suspended.
75. Termination of your Account can include disabling your access to the Bot or any part thereof including any content you submitted or others submitted.
76. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE BOT IN ANY WAY.