TERMS OF USE FOR CRYPTO CREDITS AND CRYPTO CREDITS WALLETS
The Crypto Credits Network uses it’s own Crypto Credits protocol. The Crypto Credits protocol is designed to enable holders of digital tokens known as Crypto Credits to send and receive peer-to-peer payments securely and privately through a digital wallet that can send and receive Crypto Credits (Crypto Credits Wallets). Crypto Credits and Crypto Credits Wallets enable a simple, secure, and private medium of exchange for consumers in countries of operation to manage and move their money using a currency of equivalent value across countries. These Terms of Use for Crypto Credits and Crypto Credits Wallets (Terms) govern:
- Crypto Credits and their use and transfer; and
- Crypto Credits Wallets and their access and use.
Please read these Terms carefully before you start to use any Crypto Credits and any Crypto Credits Wallet. By acquiring or otherwise obtaining Crypto Credits, using or transferring Crypto Credits or obtaining, accessing or using a Crypto Credits Wallet, you acknowledge that you have read, understand, and completely agree to be bound by these Terms. You also agree to require any transferee of your Crypto Credits and any holder of a Crypto Credits Wallet facilitated by you to be subject to these Terms. These Terms may be enforced against you by Crypto Credits or other authorized entities (which are collectively referred to in these Terms as the Compliance Entities). These Terms may be amended, changed, or updated by the Compliance Entities at any time and without prior notice to you by posting at www.cryptocredits.io. Your continued use of any Crypto Credits and any Crypto Credits Wallets following the posting of any amendment, change, or update means that you accept and agree to the amended, changed, or updated Terms. These Terms are first effective as of April 24, 2024 and supersede any previous versions. Access or use of any Crypto Credits Wallets or use or transfer of any Crypto Credits is void where such access, use or transfer is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws. Such access or use of Crypto Credits Wallets or use or transfer of any Crypto Credits which is void will not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege. [Please also consult the applicable Terms of Sale and Access and Use of the Site, available at the Crypto Credits website at www.cryptocredits.io. Information on the way personal information is handled is included in the appropriate Privacy Policy, available at www.cryptocredits.io.]
Limitations on Access or Use of Crypto Credits Wallets and Use and Transfer of Crypto Credits
The right to access or use Crypto Credits Wallets and use or transfer Crypto Credits is a personal, restricted, non-exclusive, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in these Terms. Every Prohibited Person is strictly prohibited from directly or indirectly transacting, transferring, holding, owning, accessing or using any Crypto Credits and any Crypto Credits Wallets in any way. You are a Prohibited Person if you are:
- an individual or entity present in or subject to the jurisdiction of any jurisdiction in which the distribution or offer of or transaction in Crypto Credits is unlawful or who is restricted or prohibited by applicable law, including without limitation, anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, and economic sanctions laws, from purchasing or otherwise obtaining Crypto Credits or transacting in Crypto Credits;
- an individual or entity present in or subject to the jurisdiction of Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria or Crimea (a region of Ukraine annexed by the Russian Federation) (a Prohibited Jurisdiction);
- a government or government official of any Prohibited Jurisdiction or of Venezuela or any subdivision thereof;
- an individual or entity subject to asset freezing or blocking sanctions imposed by the United Nations, United Kingdom, European Union, or United States or any entity owned 50 percent or more by one or more such persons (a Sanctioned Person);
- a person under 18 years of age; or any other individual or entity whose dealings in Crypto Credits or use of a Crypto Credits Wallet could expose the Compliance Entities to civil or criminal liability or cause the Compliance Entities to engage in sanctionable conduct.
Crypto Credits Wallets
No Crypto Credits Wallet may be operated for and no order or transaction in a Crypto Credits Wallet may be used for the financial or other benefit of or on behalf of a Prohibited Person.
Persons, whether or not Prohibited Persons, are prohibited from operating a Crypto Credits Wallet in any way or otherwise transacting on or using any Crypto Credits and any Crypto Credits Wallets while they or any individual (including any fiduciary, dealer, trustee, executor or administrator), agency or branch operating their Crypto Credits Wallet on their behalf is present in any jurisdiction in which Crypto Credits are unlawful. Certain software comprising Crypto Credits Wallets is available to the public without charge on an open source basis. This software is provided “as is” without warranty of any kind. However, Crypto Credits Wallets linked to a mobile messaging application may integrate software from a third party. Crypto Credits Wallets must be accessed through a telephone, computer or other equipment as well as a network connection through telecommunication lines or other utility. None of these components of the Crypto Credits Wallet is provided or controlled by the Compliance Entities. The Compliance Entities are not responsible for the accuracy or reliability of any open-source software or of any software, hardware, information, or advice provided by third parties or for their privacy and security policies and procedures. Access to and use of your Crypto Credits Wallet may from time to time be unavailable, delayed, limited or slowed due to failures of hardware, software, utility services or other causes outside the control of the Compliance Entities.
- You may suffer losses as a result of these delays and limitations. You assume all risks associated with the operation, performance and security of a Crypto Credits Wallet.
- You are responsible for maintaining the security of your Crypto Credits Wallet and any password or other security designed to limit access. In addition to these Terms, you may be bound by any additional terms required by your third-party providers.
- These third parties’ terms may apply to your use of the Crypto Credits Wallets. Please be aware that these Terms do not govern third parties’ relationships with you.
- These third parties, and not any Compliance Entity, are responsible for any product or service warranties, whether express or implied by law, provided to you.
- Nature of Crypto Credits and Transactions in Crypto Credits Crypto Credits are digital tokens. Digital tokens such as Crypto Credits are not legal tender, are not backed by any government, and are not insured.
- Crypto Credits do not provide you with any ownership of any physical asset or ownership or other interest or rights of any form with respect to the Compliance Entities or any affiliate or its revenue or assets, including any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights.
- Crypto Credits are distributed and offered on an as-is, and, are offered without any representation as to merchantability or fitness for any particular purpose.
- You accept that the Compliance Entities may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable laws or demanded upon a lawful request by any government. When information includes personal data under European Union law and/or California law, the terms of the Privacy Policy will apply. Please consult the appropriate Privacy Policy available at www.cryptocredits.io.
- You accept all consequences of sending Crypto Credits. Crypto Credits transactions are not reversible or refundable. Once you send Crypto Credits to an address, whether intentionally or by a fraudulent or accidental transaction, you accept the risk that you may lose access to, and any claim on, those Crypto Credits indefinitely or permanently.
Prohibited Uses and Transfers of Crypto Credits and Uses of Crypto Credits Wallets You may not:
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet for any illegal purposes;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable laws, or to transact or deal in any contraband funds, property, or proceeds;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet if such conduct is prohibited, penalized, or otherwise sanctionable under any applicable laws, including without limitation anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, and economic sanctions laws or would expose the Compliance Entities or their affiliates to liability under any applicable laws;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet or any third party services to facilitate, approve, evade, avoid, or circumvent any applicable laws, including anti-money laundering laws, counterterrorist financing laws, anti-corruption laws, and economic sanctions laws;
- use, or transfer Crypto Credits with a Prohibited Person or any individual or entity prohibited from using, transacting, transferring, trading, or receiving Crypto Credits by these Terms or applicable laws;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet to evade taxes under applicable laws;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet to interfere with or subvert the rights or obligations of the Compliance Entities or the rights or obligations of any other individual or entity;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet by
- using misleading or inaccurate information or to take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet to engage in conduct that is detrimental to the Compliance Entities or to any other individual or entity;
- falsify or materially omit any information provided to or provide misleading or inaccurate information requested by the Compliance Entities or impersonate another individual or entity or misrepresent your affiliation with an individual or entity;
- cause injury to, or attempt to harm, the Compliance Entities or any other individual or entity through your access to or use of any Crypto Credits and any Crypto Credits Wallets; or
- violate, promote, or cause a violation of, or conspire or attempt to violate these Terms or applicable laws.
Any of these uses may be described in these Terms as a Prohibited Use. Should your actions or inaction result in Loss being suffered by the Compliance Entities or any Associates, you will pay an amount to the Compliance Entities or the Associates so as to render the Compliance Entities or the Associates whole, including the amount of taxes or penalties that might be imposed on the Compliance Entities or the Associates. In these Terms, Associates of the Compliance Entities means the successors, assignees and affiliates of Crypto Credits and their respective shareholders, directors, officers, affiliates, employees, contractors, agents, partners, insurers, attorneys, and any licensors of technology to the Compliance Entities. In these Terms, Losses means any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including attorneys’ fees or the costs of any claim or suit), including any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses;
Intellectual Property
The Crypto Credits name and logo are protected trademarks. You agree not to copy, modify, display, or use these trademarks without written permission from the Compliance Entities. All rights not expressly granted to you in these Terms are reserved.
Your Representations and Warranties
You represent and warrant to the Compliance Entities on the date of your acceptance of these Terms and each day on which you use or transfer Crypto Credits or use a Crypto Credits Wallet, in each case with reference to the facts and circumstances existing at such date, as follows:
- that, if you are an individual, you are 18 years of age or older and that you have the capacity to contract under applicable laws;
- that, if you are acting on behalf of a legal entity, (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf;
- that neither you nor any individual or entity acting on your behalf is a Prohibited Person or otherwise prohibited or restricted from purchasing or otherwise obtaining Crypto Credits, using or transferring Crypto Credits or accessing or using Crypto Credits Wallets;
- that you will not engage in any Prohibited Uses or transfers, as described above;
- that you comply with the laws of your country of establishment, incorporation, residence, or location and, as applicable, the country from which you use any Crypto Credits and any Crypto Credits Wallets;
- that you understand and acknowledge that the Compliance Entities are not registered with or licensed by any financial regulatory authority in Europe, United States or elsewhere; and that accordingly, no Europe, United States or other financial regulatory authority has passed upon the contents of these Terms or the merits of purchasing or using Crypto Credits, nor have these Terms been filed with, or reviewed by any Europe, United States or other financial regulatory authority;
- that you have had the opportunity to seek legal, accounting, taxation and other professional advice regarding these Terms, any Crypto Credits and any Crypto Credits Wallets;
- that you are currently in compliance with, and must, at your own cost and expense, comply with all laws that relate to or affect these Terms, including anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, economic sanctions laws, Tax Information Exchange Laws or other tax laws;
- that you will not utilize any virtual private network, proxy service, or any other third-party service, or network for the purpose of disguising or misrepresenting your IP address or location in order to download or use the Crypto Credits Wallet in a manner prohibited in these Terms;
- that you consent to any and all tax and information reporting under anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, economic sanctions laws, Tax Information Exchange Laws or other tax laws as the Compliance Entities may reasonably determine and to extent permitted by law;
- that neither you nor any of your affiliates are acting directly or indirectly (i) on behalf of or for the benefit of a Prohibited Person; (ii) in violation of or as prohibited, restricted, or penalized under applicable economic sanctions laws; or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable anti-money laundering laws, counter-terrorist financing laws, or economic sanctions laws;
- that neither you nor any of your affiliates is: (i) itself or owned (beneficially or of record) or controlled by a Prohibited Person; (ii) involved in any transaction, transfer, or conduct that is likely to result in you or your affiliates becoming a Prohibited Person; (iii) residing or domiciled in a Prohibited Jurisdiction; (iv) transferring any funds, where denominated in Crypto Credits or another cryptocurrency or fiat currency, to, from, or through a Prohibited Jurisdiction in connection to any dealings or conduct with or involving the Compliance Entities; (v) a government or government official of a Prohibited Jurisdiction; or (vi) otherwise a Prohibited Person;
- that you will fairly and promptly report all income associated with your use, transaction, transfer, or trade of Crypto Credits and access and use Crypto Credits Wallets, as applicable, pursuant to applicable laws and pay any and all taxes thereon;
- that you will accurately and promptly inform the Compliance Entities if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect; and you will use, transact, transfer, and trade Crypto Credits and access and use your Crypto Credits Wallet for consumptive, and not for investment, purposes.
In these Terms, Tax Information Exchange Laws means laws relating to the exchange of information relating to taxes between governments, including United States Foreign Account Tax Compliance Act, as enacted by Title V, Subtitle A of the Hiring Incentives to Restore Employment Act, P.L 111-147 (2010), as amended; and common reporting standard or the Standard for Automatic Exchange of Financial Account Information.
No Representations or Advice by the Compliance Entities
The Compliance Entities make no warranties, or guarantees to you of any kind and, to the extent permitted by applicable laws, the Compliance Entities expressly disclaim all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to Crypto Credits and any Crypto Credits Wallet. The Crypto Credits and the Crypto Credits Wallet are distributed and offered strictly on an as-is, and, without limiting the generality of the foregoing, are distributed and offered without any representation as to merchantability or fitness for any particular purpose. The Compliance Entities do not provide any investment, legal, accounting, tax or other advice.
Limitation of Liability, Release, and Indemnity
Important: Except as may be provided for in these Terms, the Compliance Entities assume no liability or responsibility for and will have no liability or responsibility for any Losses directly or indirectly arising out of or related to:
- these Terms,
- Crypto Credits and their use and transfer, your Crypto Credits Wallet, and your access and use of it,
- to the extent permitted by law, any stolen, lost, or unauthorized use of your personal information, any breach of security or data breach related to your personal information, or any criminal or other third-party act affecting the Compliance Entities, or
- any unauthorized representation, suggestion, statement, or claim made about Crypto Credits or the Crypto Credits Wallet.
You agree to release the Compliance Entities and its Associates from liability for any and all Losses, and you will indemnify and save and hold the Compliance Entities and its Associates harmless from and against all Losses. The foregoing limitations of liability will apply, to the extent permitted by law, whether the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Compliance Entities and its Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
Electronic Communications
You agree and consent to receive electronically all communications, agreements, receipts and disclosures that the Compliance Entities may provide in connection with these Terms. Information in relation to how we may communicate with you and your rights in that respect can be found in the appropriate Privacy Policy at www.cryptocredits.io.
Miscellaneous
Any right or remedy of the Compliance Entities set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, at law or in equity. The Compliance Entities’ failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof. If any portion of these Terms is found to be invalid or unenforceable for any reason, the invalid or unenforceable provision shall be severed from these Terms. Severance of invalid or unenforceable provisions of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect. The Compliance Entities will have no responsibility or liability for any failure or delay in performance, or any loss or damage that you may incur, due to any Force Majeure or circumstance or event beyond its control. You may not assign or transfer any of your rights or obligations under these Terms, without the Compliance Entities’ prior written consent, including by operation of law or in connection with any change of control, and any such assignment or transfer by you without the Compliance Entities’ prior written consent shall be null and void and of no effect. The Compliance Entities may assign or transfer any or all of its rights or obligations under these Terms, without notice or your consent. If there is a conflict between these Terms and any other agreement with the Compliance Entities, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms. These Terms do not create any third-party beneficiary rights in any person, save that any Compliance Entity or any of its respective Associates may rely on these Terms in any action, suit, proceeding or other dispute brought against it by you, to exercise any right or to benefit from any limitation expressly provided to it hereunder and to enforce such provisions of these Terms as if party hereto.
Governing Law and Resolution of Disputes
Any dispute, claim, controversy or action arising out of or related to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof or (b) your Crypto Credits or Crypto Credits Wallet, will be subject to the exclusive jurisdiction of the courts of the Europe. This provision expressly applies to any claim, whether in tort, contract or otherwise, against the Compliance Entities. You irrevocably and unconditionally agree and consent to the jurisdiction and venue of the courts of Europe, and you waive any objections. The foregoing shall be without prejudice to any applicable provisions of mandatory consumer protection law under the laws of your country of residence, to the extent that these offer you more protection. Any complaint or dispute is personal to you and you agree that it will not be brought as a class action, class arbitration or any other type of representative proceeding. There will be no class action in which you attempt to resolve a complaint or dispute as a representative of another individual or group of individuals, save with the express agreement in writing of the relevant Compliance Entity.
JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OR TRANSFER OF CRYPTO CREDITS OR USE OR ATTEMPED USE OF A CRYPTO CREDITS WALLET BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE PARTIES.
Language and Contact
These Terms and any information or notifications that are provided under these Terms shall be in English. If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of any Crypto Credits and any Crypto Credits Wallets, please use the question form on our website at www.cryptocredits.io.
Contact
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Cryptocredits.io
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “customer”, “customers”) and Crypto Credits, Inc., along with its agents, assigns, and affiliates “Company”, “we”, “us”, or “our”), concerning your access to and use of the unstoppabledomains.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto which is controlled by the Company (collectively, the “Site”). However, please note that blockchain networks, even if Crypto Credits publishes Web3 Wallets or other records to them, are controlled by third parties (who may be distributed networks of independent computers), and are therefore not included in the definition of the “Site”. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or nonhuman means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. We also expressly reserve the right to develop new products at our sole discretion. Prices for all products are at our sole discretion and are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
Cryptocurrency
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars, GBP or Euro.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse to sell anything listed on the Site at our sole discretion.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
REFUND POLICY
Unless otherwise stated in this Terms of Service, all fees for domain name registrations and related domain name Service(s) are refundable, for a full refund of the purchase price, within 14 days of purchase, with the exception of those domain name registrations and related domain name Service(s) purchased with crypto, which must have a refund request within 5 days of purchase. All refunds will be processed with the same payment method used to purchase the domain, at the then-current spot rates for the USD/GBP/EUR value of your purchase at the time the refund is issued.
Only the purchase price of your domain will be refunded; any claim fees, blockchain fees or other related fees paid by you will not be refunded.
Crypto Credits strongly advises against purchasing any domain that is associated with a trademark, public figure, or with a known brand. However, in the event that you purchase a domain associated with a trademark, public figure, or a known brand, and wish to return such domain, Crypto Credits will refund the full purchase price of the domain regardless of the timing of the refund.
Crypto Credits reserves the right to refuse, at its sole discretion, to sell a domain name to you for any reason (or to complete such sale once initiated).
Fees from new web3 wallet registrations may be refundable, at the sole discretion of Crypto Credits, in the event of issues arising from actual or prospective trademark infringement or other abuses, “phishing” (the fraudulent practice of sending emails purporting to be from reputable companies or individuals in order to induce individuals to reveal personal information), technical limitations on name resolutions, mispriced sales (i.e., where the price should have been higher), and legal exigencies (i.e., court-ordered blocking or takeover of Web3 Wallets, law enforcement-related reasons, etc.).
All refunds shall be made to your profile on our website in the original payment method used, or in store credit.
All payments made with cryptocurrency will be refunded and processed in the equivalent amount of USD/GBP/EUR that was received: you are solely responsible for any fluctuations in the exchange rate between other national currencies or cryptocurrencies between the time period of the original payment and the time that the subsequent refund is issued.
Once a web3 wallet goes live on the blockchain and is transferred to your control (that is, connected to your crypto-wallet, alterable or transferrable only via a private key you personally hold), it is 100% under your own ownership and custody. Crypto Credits will not be able to refund your purchase funds or repossess the domain name. However, if you agree to cover the fees associated with transferring the domain back to Crypto Credits, we can refund the original purchase once the domain is received, provided the refund is requested within the timelines above. For the avoidance of doubt, refunds to the original payment method will only be available on claimed domains if you return the domain to the Crypto Credits corporate account, and pay any blockchain fees or gas fees necessary to transfer it back. Crypto Credits will not refund any such fees.
If you have received any store credit or promotional credit or items in connection with your purchase of a domain and wish to receive a refund for the original purchase, you must transfer the purchased domain back to our corporate account, and must forfeit any additional promotional items or credits granted in connection with the purchase, including additional domains bought with promotional credit granted by the original purchase. If you have minted any domains bought with promotional credit granted by the original purchase, you must also return these domains to our corporate account in order to receive a refund.
All purchases made with promotional credits are NON-REFUNDABLE, and are not eligible for exchanges under any circumstances. Domains purchased with promotion credits cannot be exchanged for alternative or equivalent products, even when a typo is made.
Any additional fees paid for preorders, “sunrise” registration, or any other early access programs, spent domain minting and twitter verification credits are non-refundable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with securityrelated features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, blockchain mining programs, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) 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” or “passive collection mechanisms” or “pcms”). Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations, notwithstanding which, no use which is consistent with the First Amendment to the United States Constitution and the law thereunder, as would apply within the United States, shall be prohibited use by reason of law.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third party service providers (each such account, a “Third Party Account”) by either: (1) providing your Third Party Account login information through the Site; or (2) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent and warrant that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third party service provider of the Third Party Account. By granting us access to any Third Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRDPARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRDPARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRDPARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or noninfringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are nonconfidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, by placing any ads on or with the Site (whether directly or via a third party ad disseminator), you take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
SITE MANAGEMENT We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Domains (if in our custody) or Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://web3.cryptocredits.io/privacy-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then you will be expressly-requested permission to transfer your data to the United States and us specifically as a “controller” (or equivalent), or, to the extent legally-enforceable, through your continued use of the Site, you are thereby transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States and to us in specific. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the U.S, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make adecision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place inEurope. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Europe, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER THE SITE IS PROVIDED ON AN ASIS AND ASAVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) our blocking or deletion of any Domain in custody with us or other information in such Domain record in accordance with this Agreement; (6) any malfunction, damage or disruption to any public blockchain network, or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Notwithstanding any privacy-related laws or regulations to the contrary, we will not and cannot delete any data you have provided to us which is subsequently recorded to the blockchain or any other distributed decentralized storage networks. You agree, to the extent you have instructed us, whether explicitly or implicitly (i.e., by submitting it to us through our web portal) to so-record such information, to hold us harmless and indemnify us (in the manner of the previous section) for any claims or damages founded upon the publication of and/or the inability to delete such information. The indemnification of the previous section shall be construed to include and encompass any third-party damages or claims founded upon your submission of data to us which cannot subsequently be removed or deleted.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You hereby consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.
STORE CREDIT POLICY
Any refunds, if granted, are made as a prepaid amount to your profile on our website, and these amounts do not expire. Store credit issued to you as part of an Crypto Credits customer loyalty program or promotional gift will expire in the time period stated in the email or other notification you receive regarding the store credit. The notification may contain other terms and conditions that will also apply. No service fees, dormancy fees, or other fees will be charged for the redemption of store credit. Unless required by law, store credit cannot be redeemed for cash and is non-transferable. To apply your store credit to a future purchase or to inquire about the balance of store credit on your profile, please contact us.
PROTECTED BRANDS POLICY
Please note that if you claim a protected domain pursuant to the Protected Brands Policy, you will be bound by all terms of the Protected Brands Policy in addition to these Terms of Use.
The terms of the Protected Brands Policy include but are not limited to granting a limited, non-exclusive, royalty-free, fully paid up, worldwide license to use, reproduce, publish, and distribute the claiming company’s name, primary trademarks, and logos for publicity purposes to Crypto Credits as a condition of claiming a free domain pursuant to the policy.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Please read these Terms of Service (the “Terms”) carefully as they form a contract between you and Crypto Credits Inc.(“us”; “our”) that governs your access and use of our application, our services, and other software that may be downloaded to, or accessed by, any mobile or computing device you own or control in connection with our services (collectively, the “Services”).
By using, accessing, or downloading the Services, you are agreeing to these Terms. You may not use, access, or download the Services unless, and by accessing the Services you represent and warrant that, you (1) if an individual, are at least 13 years of age, (2) have not at any time breached a contract with UD, and (3) accept and agree to be bound by these Terms.
These Terms together with our Privacy Policy constitute the entire agreement between you and us, regarding your access to, and use of, any Services.
1. Account Registration. To create a business account, you may be needed to register for the Services using your phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with verification codes to register for our Services.
2. Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.
3. Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.
4. Your Responsibilities and Restrictions. You are solely responsible for your actions. You agree:
a. to abide by all material local, state, national, and international laws and regulations applicable to your use of the Services;
b. to comply with all applicable export control and trade sanctions laws;
c. not to violate or infringe the rights of UD, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
d. not to distribute in any way files that contain viruses, corrupted files, or any other software code that may damage the operation of the Services or any other computers or facilities;
e. not to interfere with or disrupt networks or facilities used in providing, or that are connected to, the Services;
f. not to transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability;
g. not to interfere with any other customer’s use and enjoyment of the Services;
h. not to transmit any content that is libelous, defamatory, obscene, pornographic, abusive, or threatening;
i. not to send illegal or impermissible communications such as bulk messaging, auto-messaging, and auto-dialing;
j. not to gain or try to gain unauthorized access to our Services or systems;
k. not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code underlying our Services;
l. not to disrupt the integrity or performance of our Services;
m. not to create accounts for our Services through unauthorized or automated means;
n. install or use a copy of the Services on a device that you do not own or control;
o. not to collect information about our users in any unauthorized manner;
p. not to sell, rent, or charge for our Services; and
q. to comply with all material and applicable regulations, policies and procedures of networks connected to the Services.
You acknowledge that the laws and regulations governing the use of the Services may change from time to time. If we disable your account for a violation of our Terms, you will not create another account without our written consent
1. Communications and Assumption of Risk. You acknowledge and agree that CC neither endorses the contents of any of its customers’ communications, nor assumes any responsibility for the time, place, manner, or contents of any such communications. CC does not have the ability to access communications between its customers. You fully assume all risks associated with your communications via the Services.
2. Keeping Your Account Secure. CC does not have the ability to access your messages. You are responsible for keeping your device and your CC account safe and secure.
3. No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.
4. Third-Party Services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
5. Your Rights. You own the information you submit through our Services. You must have the rights to the phone number you use to sign up for your CC account.
6. CC’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact us.
7. UD’s License to You. the CC grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
8. Disclaimers.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. UD DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “UD PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
9. Limitation of Liability.
THE CC PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE CC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE CC PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Indemnification.
You will indemnify and hold harmless (and, if requested by CC, defend) CC, its parent organizations, subsidiaries, other corporate affiliates, and licensors, and their respective officers, directors, employees, attorneys and agents, from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim alleging or based upon any facts that, if true, would constitute a violation by you of any of your covenants, representations, or warranties in this Agreement.
11. Availability.
Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
12. Ending These Terms.
You may end these Terms with CC at any time by deleting the CC application from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services at any time and for any reason, including, without limitation, if you violate our Terms. The following sections will survive termination of your relationship with CC: Sections 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, and 18.
13. General.
a. No Waiver. If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them.
b. Severability. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions.
c. Country Restrictions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
d. Questions. If you have specific questions about these Terms, please contact us.
TERMS OF USE FOR CRYPTO CREDITS AND CRYPTO CREDITS WALLETS
The Crypto Credits Network uses it’s own Crypto Credits protocol. The Crypto Credits protocol is designed to enable holders of digital tokens known as Crypto Credits to send and receive peer-to-peer payments securely and privately through a digital wallet that can send and receive Crypto Credits (Crypto Credits Wallets). Crypto Credits and Crypto Credits Wallets enable a simple, secure, and private medium of exchange for consumers in countries of operation to manage and move their money using a currency of equivalent value across countries. These Terms of Use for Crypto Credits and Crypto Credits Wallets (Terms) govern:
- Crypto Credits and their use and transfer; and
- Crypto Credits Wallets and their access and use.
Please read these Terms carefully before you start to use any Crypto Credits and any Crypto Credits Wallet. By acquiring or otherwise obtaining Crypto Credits, using or transferring Crypto Credits or obtaining, accessing or using a Crypto Credits Wallet, you acknowledge that you have read, understand, and completely agree to be bound by these Terms. You also agree to require any transferee of your Crypto Credits and any holder of a Crypto Credits Wallet facilitated by you to be subject to these Terms. These Terms may be enforced against you by Crypto Credits or other authorized entities (which are collectively referred to in these Terms as the Compliance Entities). These Terms may be amended, changed, or updated by the Compliance Entities at any time and without prior notice to you by posting at www.cryptocredits.io. Your continued use of any Crypto Credits and any Crypto Credits Wallets following the posting of any amendment, change, or update means that you accept and agree to the amended, changed, or updated Terms. These Terms are first effective as of April 24, 2024 and supersede any previous versions. Access or use of any Crypto Credits Wallets or use or transfer of any Crypto Credits is void where such access, use or transfer is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws. Such access or use of Crypto Credits Wallets or use or transfer of any Crypto Credits which is void will not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege. [Please also consult the applicable Terms of Sale and Access and Use of the Site, available at the Crypto Credits website at www.cryptocredits.io. Information on the way personal information is handled is included in the appropriate Privacy Policy, available at www.cryptocredits.io.]
Limitations on Access or Use of Crypto Credits Wallets and Use and Transfer of Crypto Credits
The right to access or use Crypto Credits Wallets and use or transfer Crypto Credits is a personal, restricted, non-exclusive, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in these Terms. Every Prohibited Person is strictly prohibited from directly or indirectly transacting, transferring, holding, owning, accessing or using any Crypto Credits and any Crypto Credits Wallets in any way. You are a Prohibited Person if you are:
- an individual or entity present in or subject to the jurisdiction of any jurisdiction in which the distribution or offer of or transaction in Crypto Credits is unlawful or who is restricted or prohibited by applicable law, including without limitation, anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, and economic sanctions laws, from purchasing or otherwise obtaining Crypto Credits or transacting in Crypto Credits;
- an individual or entity present in or subject to the jurisdiction of Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria or Crimea (a region of Ukraine annexed by the Russian Federation) (a Prohibited Jurisdiction);
- a government or government official of any Prohibited Jurisdiction or of Venezuela or any subdivision thereof;
- an individual or entity subject to asset freezing or blocking sanctions imposed by the United Nations, United Kingdom, European Union, or United States or any entity owned 50 percent or more by one or more such persons (a Sanctioned Person);
- a person under 18 years of age; or any other individual or entity whose dealings in Crypto Credits or use of a Crypto Credits Wallet could expose the Compliance Entities to civil or criminal liability or cause the Compliance Entities to engage in sanctionable conduct.
Crypto Credits Wallets
No Crypto Credits Wallet may be operated for and no order or transaction in a Crypto Credits Wallet may be used for the financial or other benefit of or on behalf of a Prohibited Person.
Persons, whether or not Prohibited Persons, are prohibited from operating a Crypto Credits Wallet in any way or otherwise transacting on or using any Crypto Credits and any Crypto Credits Wallets while they or any individual (including any fiduciary, dealer, trustee, executor or administrator), agency or branch operating their Crypto Credits Wallet on their behalf is present in any jurisdiction in which Crypto Credits are unlawful. Certain software comprising Crypto Credits Wallets is available to the public without charge on an open source basis. This software is provided “as is” without warranty of any kind. However, Crypto Credits Wallets linked to a mobile messaging application may integrate software from a third party. Crypto Credits Wallets must be accessed through a telephone, computer or other equipment as well as a network connection through telecommunication lines or other utility. None of these components of the Crypto Credits Wallet is provided or controlled by the Compliance Entities. The Compliance Entities are not responsible for the accuracy or reliability of any open-source software or of any software, hardware, information, or advice provided by third parties or for their privacy and security policies and procedures. Access to and use of your Crypto Credits Wallet may from time to time be unavailable, delayed, limited or slowed due to failures of hardware, software, utility services or other causes outside the control of the Compliance Entities.
- You may suffer losses as a result of these delays and limitations. You assume all risks associated with the operation, performance and security of a Crypto Credits Wallet.
- You are responsible for maintaining the security of your Crypto Credits Wallet and any password or other security designed to limit access. In addition to these Terms, you may be bound by any additional terms required by your third-party providers.
- These third parties’ terms may apply to your use of the Crypto Credits Wallets. Please be aware that these Terms do not govern third parties’ relationships with you.
- These third parties, and not any Compliance Entity, are responsible for any product or service warranties, whether express or implied by law, provided to you.
- Nature of Crypto Credits and Transactions in Crypto Credits Crypto Credits are digital tokens. Digital tokens such as Crypto Credits are not legal tender, are not backed by any government, and are not insured.
- Crypto Credits do not provide you with any ownership of any physical asset or ownership or other interest or rights of any form with respect to the Compliance Entities or any affiliate or its revenue or assets, including any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights.
- Crypto Credits are distributed and offered on an as-is, and, are offered without any representation as to merchantability or fitness for any particular purpose.
- You accept that the Compliance Entities may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable laws or demanded upon a lawful request by any government. When information includes personal data under European Union law and/or California law, the terms of the Privacy Policy will apply. Please consult the appropriate Privacy Policy available at www.cryptocredits.io.
- You accept all consequences of sending Crypto Credits. Crypto Credits transactions are not reversible or refundable. Once you send Crypto Credits to an address, whether intentionally or by a fraudulent or accidental transaction, you accept the risk that you may lose access to, and any claim on, those Crypto Credits indefinitely or permanently.
Prohibited Uses and Transfers of Crypto Credits and Uses of Crypto Credits Wallets You may not:
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet for any illegal purposes;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable laws, or to transact or deal in any contraband funds, property, or proceeds;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet if such conduct is prohibited, penalized, or otherwise sanctionable under any applicable laws, including without limitation anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, and economic sanctions laws or would expose the Compliance Entities or their affiliates to liability under any applicable laws;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet or any third party services to facilitate, approve, evade, avoid, or circumvent any applicable laws, including anti-money laundering laws, counterterrorist financing laws, anti-corruption laws, and economic sanctions laws;
- use, or transfer Crypto Credits with a Prohibited Person or any individual or entity prohibited from using, transacting, transferring, trading, or receiving Crypto Credits by these Terms or applicable laws;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet to evade taxes under applicable laws;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet to interfere with or subvert the rights or obligations of the Compliance Entities or the rights or obligations of any other individual or entity;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet by
- using misleading or inaccurate information or to take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
- use or transfer Crypto Credits or access or use a Crypto Credits Wallet to engage in conduct that is detrimental to the Compliance Entities or to any other individual or entity;
- falsify or materially omit any information provided to or provide misleading or inaccurate information requested by the Compliance Entities or impersonate another individual or entity or misrepresent your affiliation with an individual or entity;
- cause injury to, or attempt to harm, the Compliance Entities or any other individual or entity through your access to or use of any Crypto Credits and any Crypto Credits Wallets; or
- violate, promote, or cause a violation of, or conspire or attempt to violate these Terms or applicable laws.
Any of these uses may be described in these Terms as a Prohibited Use. Should your actions or inaction result in Loss being suffered by the Compliance Entities or any Associates, you will pay an amount to the Compliance Entities or the Associates so as to render the Compliance Entities or the Associates whole, including the amount of taxes or penalties that might be imposed on the Compliance Entities or the Associates. In these Terms, Associates of the Compliance Entities means the successors, assignees and affiliates of Crypto Credits and their respective shareholders, directors, officers, affiliates, employees, contractors, agents, partners, insurers, attorneys, and any licensors of technology to the Compliance Entities. In these Terms, Losses means any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including attorneys’ fees or the costs of any claim or suit), including any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses;
Intellectual Property
The Crypto Credits name and logo are protected trademarks. You agree not to copy, modify, display, or use these trademarks without written permission from the Compliance Entities. All rights not expressly granted to you in these Terms are reserved.
Your Representations and Warranties
You represent and warrant to the Compliance Entities on the date of your acceptance of these Terms and each day on which you use or transfer Crypto Credits or use a Crypto Credits Wallet, in each case with reference to the facts and circumstances existing at such date, as follows:
- that, if you are an individual, you are 18 years of age or older and that you have the capacity to contract under applicable laws;
- that, if you are acting on behalf of a legal entity, (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf;
- that neither you nor any individual or entity acting on your behalf is a Prohibited Person or otherwise prohibited or restricted from purchasing or otherwise obtaining Crypto Credits, using or transferring Crypto Credits or accessing or using Crypto Credits Wallets;
- that you will not engage in any Prohibited Uses or transfers, as described above;
- that you comply with the laws of your country of establishment, incorporation, residence, or location and, as applicable, the country from which you use any Crypto Credits and any Crypto Credits Wallets;
- that you understand and acknowledge that the Compliance Entities are not registered with or licensed by any financial regulatory authority in Europe, United States or elsewhere; and that accordingly, no Europe, United States or other financial regulatory authority has passed upon the contents of these Terms or the merits of purchasing or using Crypto Credits, nor have these Terms been filed with, or reviewed by any Europe, United States or other financial regulatory authority;
- that you have had the opportunity to seek legal, accounting, taxation and other professional advice regarding these Terms, any Crypto Credits and any Crypto Credits Wallets;
- that you are currently in compliance with, and must, at your own cost and expense, comply with all laws that relate to or affect these Terms, including anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, economic sanctions laws, Tax Information Exchange Laws or other tax laws;
- that you will not utilize any virtual private network, proxy service, or any other third-party service, or network for the purpose of disguising or misrepresenting your IP address or location in order to download or use the Crypto Credits Wallet in a manner prohibited in these Terms;
- that you consent to any and all tax and information reporting under anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, economic sanctions laws, Tax Information Exchange Laws or other tax laws as the Compliance Entities may reasonably determine and to extent permitted by law;
- that neither you nor any of your affiliates are acting directly or indirectly (i) on behalf of or for the benefit of a Prohibited Person; (ii) in violation of or as prohibited, restricted, or penalized under applicable economic sanctions laws; or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable anti-money laundering laws, counter-terrorist financing laws, or economic sanctions laws;
- that neither you nor any of your affiliates is: (i) itself or owned (beneficially or of record) or controlled by a Prohibited Person; (ii) involved in any transaction, transfer, or conduct that is likely to result in you or your affiliates becoming a Prohibited Person; (iii) residing or domiciled in a Prohibited Jurisdiction; (iv) transferring any funds, where denominated in Crypto Credits or another cryptocurrency or fiat currency, to, from, or through a Prohibited Jurisdiction in connection to any dealings or conduct with or involving the Compliance Entities; (v) a government or government official of a Prohibited Jurisdiction; or (vi) otherwise a Prohibited Person;
- that you will fairly and promptly report all income associated with your use, transaction, transfer, or trade of Crypto Credits and access and use Crypto Credits Wallets, as applicable, pursuant to applicable laws and pay any and all taxes thereon;
- that you will accurately and promptly inform the Compliance Entities if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect; and you will use, transact, transfer, and trade Crypto Credits and access and use your Crypto Credits Wallet for consumptive, and not for investment, purposes.
In these Terms, Tax Information Exchange Laws means laws relating to the exchange of information relating to taxes between governments, including United States Foreign Account Tax Compliance Act, as enacted by Title V, Subtitle A of the Hiring Incentives to Restore Employment Act, P.L 111-147 (2010), as amended; and common reporting standard or the Standard for Automatic Exchange of Financial Account Information.
No Representations or Advice by the Compliance Entities
The Compliance Entities make no warranties, or guarantees to you of any kind and, to the extent permitted by applicable laws, the Compliance Entities expressly disclaim all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to Crypto Credits and any Crypto Credits Wallet. The Crypto Credits and the Crypto Credits Wallet are distributed and offered strictly on an as-is, and, without limiting the generality of the foregoing, are distributed and offered without any representation as to merchantability or fitness for any particular purpose. The Compliance Entities do not provide any investment, legal, accounting, tax or other advice.
Limitation of Liability, Release, and Indemnity
Important: Except as may be provided for in these Terms, the Compliance Entities assume no liability or responsibility for and will have no liability or responsibility for any Losses directly or indirectly arising out of or related to:
- these Terms,
- Crypto Credits and their use and transfer, your Crypto Credits Wallet, and your access and use of it,
- to the extent permitted by law, any stolen, lost, or unauthorized use of your personal information, any breach of security or data breach related to your personal information, or any criminal or other third-party act affecting the Compliance Entities, or
- any unauthorized representation, suggestion, statement, or claim made about Crypto Credits or the Crypto Credits Wallet.
You agree to release the Compliance Entities and its Associates from liability for any and all Losses, and you will indemnify and save and hold the Compliance Entities and its Associates harmless from and against all Losses. The foregoing limitations of liability will apply, to the extent permitted by law, whether the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Compliance Entities and its Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
Electronic Communications
You agree and consent to receive electronically all communications, agreements, receipts and disclosures that the Compliance Entities may provide in connection with these Terms. Information in relation to how we may communicate with you and your rights in that respect can be found in the appropriate Privacy Policy at www.cryptocredits.io.
Miscellaneous
Any right or remedy of the Compliance Entities set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, at law or in equity. The Compliance Entities’ failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof. If any portion of these Terms is found to be invalid or unenforceable for any reason, the invalid or unenforceable provision shall be severed from these Terms. Severance of invalid or unenforceable provisions of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect. The Compliance Entities will have no responsibility or liability for any failure or delay in performance, or any loss or damage that you may incur, due to any Force Majeure or circumstance or event beyond its control. You may not assign or transfer any of your rights or obligations under these Terms, without the Compliance Entities’ prior written consent, including by operation of law or in connection with any change of control, and any such assignment or transfer by you without the Compliance Entities’ prior written consent shall be null and void and of no effect. The Compliance Entities may assign or transfer any or all of its rights or obligations under these Terms, without notice or your consent. If there is a conflict between these Terms and any other agreement with the Compliance Entities, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms. These Terms do not create any third-party beneficiary rights in any person, save that any Compliance Entity or any of its respective Associates may rely on these Terms in any action, suit, proceeding or other dispute brought against it by you, to exercise any right or to benefit from any limitation expressly provided to it hereunder and to enforce such provisions of these Terms as if party hereto.
Governing Law and Resolution of Disputes
Any dispute, claim, controversy or action arising out of or related to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof or (b) your Crypto Credits or Crypto Credits Wallet, will be subject to the exclusive jurisdiction of the courts of the Europe. This provision expressly applies to any claim, whether in tort, contract or otherwise, against the Compliance Entities. You irrevocably and unconditionally agree and consent to the jurisdiction and venue of the courts of Europe, and you waive any objections. The foregoing shall be without prejudice to any applicable provisions of mandatory consumer protection law under the laws of your country of residence, to the extent that these offer you more protection. Any complaint or dispute is personal to you and you agree that it will not be brought as a class action, class arbitration or any other type of representative proceeding. There will be no class action in which you attempt to resolve a complaint or dispute as a representative of another individual or group of individuals, save with the express agreement in writing of the relevant Compliance Entity.
JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OR TRANSFER OF CRYPTO CREDITS OR USE OR ATTEMPED USE OF A CRYPTO CREDITS WALLET BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE PARTIES.
Language and Contact
These Terms and any information or notifications that are provided under these Terms shall be in English. If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of any Crypto Credits and any Crypto Credits Wallets, please use the question form on our website at www.cryptocredits.io.
Contact
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Cryptocredits.io