References in these documents to CryptoCMD, “We” or “Us” mean CryptoCMD, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing CryptoCMD.
By visiting and using CryptoCMD’ Website and/or Software, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and CryptoCMD’ other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY CryptoCMD, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with CryptoCMD, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. CryptoCMD, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.
1.1. Express Licensing Grant
1.2. Copyright Notice. Inquiries for copyright infringement. Actions taken against individuals infringing copyright or other proprietary right.
This Website’s Content is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with all U.K. governing law and international intellectual property law standards. CryptoCMD, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between CryptoCMD, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. CryptoCMD DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. CryptoCMD DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.K. applicable law does not exclude the possibility of CryptoCMD treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded
1.3. Law Enforcement. Inquiries of potential Abuse
CryptoCMD may disclose your personal information in the range which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. CryptoCMD may further disclose your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, CryptoCMD WILL NOT disclose more information than the minimal range which is prescribed by governing law. CryptoCMD reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of CryptoCMD and it will include any steps that CryptoCMD finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.
2. PRIVACY STATEMENT
2.2. Communications from the Website
CryptoCMD will occasionally send information on Products, Services, special deals, promotions or Newsletters you have subscribed to. You may choose not to receive these types of communications by opting out. CryptoCMD may also send you service-related announcements on rare occasions if it’s necessary to do so. These communications are not promotional in nature, and if you wish to not receive these announcements, you have the option of deactivating your account. Further note that some of our e-mails that are promotional in nature, may include information about the Service’s business partners. Some of these business partners may, where appropriate, be subjected to affiliate disclosure, as per Section 3.2 of our Terms of Service. Please note that CryptoCMD may also use Third-party delivery systems to contact you and provide you information via e-mail. These systems do NOT retain, store, use or share your personal information other than the stated purpose.
2.3. Information collection and range of use
Any forms you fill will notify you of the range of publication of specific personal information details. Keep in mind that sensitive information cannot be published on the Internet. You hereby agree to cross-borders transfers of your information. Any personal information necessary for the registration and/or your identification while entering into contract (acquiring) a specific service or subscription provided by CryptoCMD trough this Website will be used only for the purposes of registration, identification and/or possible delivery.
2.4. Use of information
Personal information collected by CryptoCMD is primarily used to customize Your User experience this may include personalized Services, communications and other Services, which are provided by CryptoCMD. Personal information may also be utilized to deliver you personalized advertisements. Advertisers however do NOT have access to your personal information. Advertising is realized in the form of banner ads or promotional e-mails. Promotional e-mails and other forms of marketing communications may be manually set according to your preferences.
2.5. The CANSPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We strictly collect your e-mail address so we may: - Send information, respond to inquiries, and/or other requests or questions; - Process orders and to send information and updates pertaining to orders; - Send you additional information related to your product and/or service; - Market to our mailing list or continue to send emails to our clients after the original transaction has occurred. Note that this subsection only refers to the e-mails sent by CryptoCMD. Third-party authorized sellers of our App do have their separate e-mailing protocol. We comply to every provision in the CANSPAM act, which includes: - providing true and non-misleading subects or e-mails; - Identify the message as an advertisement in some reasonable way; - Include the physical address of our business or site headquarters; - Monitor third-party email marketing services for compliance, if one is used; - Honor opt-out/unsubscribe requests quickly. - Allow users to unsubscribe by using the link at the bottom of each email.
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly and as stated in the introductory clauses, all further usage of your personal information is subject to your further consent. You therefore have the choice of denying us access or not providing us this information. Secondly, you may manually change the preferences of the range of use of personal information manually (if allowed) or directly contact via e-mail, post or telephone number, or by using our Online Support service located on our Website.
3.1. Submissions on CryptoCMD,
For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by CryptoCMD. All content uploaded to this Service is to be regarded primarily as a User Submission. CryptoCMD reserves the right, but not the obligation, to start inquiries about possible breaches of these Terms of Service. CryptoCMD does not, in any way, endorse, favor or otherwise approve of any User Submission which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you retain all proprietary rights. You hereby grant CryptoCMD a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to CryptoCMD in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of CryptoCMD, the name or nickname of the user will be included as a form of accreditation. Pictures must not contain any nudity, profanity, nothing pornographic, obscene or indecent. Along with the aforementioned guidelines, you must further follow these guidelines while submitting Profile pictures: A Profile picture must contain the Submitter’s face or (if it comes to a Seller) logo or emblem clearly, without any additional text or contact information. CryptoCMD reserves the right to review your picture after Your Submission, prior to your giving consent for you to publish it. Please note that once shared, Pictures, Profile pictures and other Submissions (picture, text, video, listings, offers, samples, snippets or other multimedia - thereinafter referred to as: User Submissions) are published and CryptoCMD cannot and does not guarantee any confidentiality regarding Your User submission. Furthermore, you hereby warrant that Your User Submission has all the proprietary rights, including intellectual property rights. Upon sharing Your User submission, You retain Your proprietary rights, and further grant CryptoCMD a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, displayed and reproduced in certain areas of this the CryptoCMD Website for promotional or competitive reasons. This license is perpetual and irrevocable. You further agree that You WILL NOT submit material which is subject to intellectual property and/or other proprietary rights of a third party. CryptoCMD Does not endorse any Submission or opinion, recommendation or advice expressed therein. CryptoCMD EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM User Submissions.
4.1. Security Measures. Disclaimer on Safety
CryptoCMD takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. CryptoCMD follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information are kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us. CryptoCMD does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data
4.2. Fair information practices
This service, as a legal person bound by ethics and etiquette, will disclose any security breaches which might occur on this website in the case such breach does occur and our Staff acquires knowledge of it. Users registered and all other possibly affected parties shall be notified via the information provided on this Website. You hereby indemnify CryptoCMD from any Vis major that might occur to the service to the extent of professional security duties upheld by the service, provided that CryptoCMD discloses a breach within its reasonably expected scope of knowledge. If CryptoCMD does not disclose such a breach knowingly and within a reasonable time period from such an occurance, Users may seek relief from the Service.
4.3. Third-Part Website Links and other Related Services
5. OTHER CONTRACT PROVISIONS
If any provision of this Policy is, or is to be found by an appropriate authority, unenforceable under U.K. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with U.K. Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement.
The parties covenant and agree that the applicable and usable law according to which this agreement will be governed will be the law of U.K. Subsequently to the aforementioned, U.K. Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly.
You hereby agree to indemnify and hold CryptoCMD, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the CryptoCMD’ Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
5.3. Interpretation guidelines
This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.
The Service shall not accept any class action or claim against its work related to the Website, and shall process each action or claim on a case-to-case basis. The User has agreed that, in the case any action or claim is brought up against the service, it shall not exceed the expenses endured or 100 U.K. Pounds, whichever is greater, excluding attorney’s fees. None of the provisions of this agreement is constructed to release individual liability arising from fraud or misrepresentation.
In the event that CryptoCMD goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service. You will be notified via e-mail of any such change of ownership of your personal information. The Service takes no responsibility for any possible failure of servers or other Vis Major outside the reasonable scope of the Service’s control, which may result in temporary unavailability of the Service.
CryptoCMD reserves the right to discontinue any portion of the whole service with or without previous notice. CryptoCMD is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of CryptoCMD and the Return and Shipping policy.
These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and CryptoCMD.
5.7. Consumer protection Rights
No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights. If any such clause exists by applicable law, it shall not affect the enforceability of the remainder of this document.
Headings arranged in numerical and contextual value have been used in this document. Please note that these headings are inserted for mere convenience, and the names do not have to necessarily produce legal effect.