THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. THIS DOCUMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION IN CERTAIN CIRCUMSTANCES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Scope
These Terms of Use (the “Terms”) are an agreement between you and Kraymerica and its affiliates (“we,” “us,” or “our“) and they govern your access to and use of our websites, which include https://Kraymerica.com and their subdomains (the “Websites”) and any information, text, graphics, photos, or other content uploaded to, downloaded from, or appearing on the websites (collectively, the “Materials”), and various services operated by us (collectively, the “Services”). By accessing or using the Services, which includes your access to and use of the Websites, you agree to be bound by these Terms. Your access and use of the Services and Websites are conditioned on your acceptance of and compliance with these Terms.
Privacy Policy
We are committed to protecting the privacy of your information. Please review our Privacy Policy for details about how we collect, use, and disclose your information in connection with your access and use of the Services.
Open Source Software
We may make (but are not obligated to make) the source code for the software we develop available for download as open source software. If you use this software, you agree to be bound by and comply with any license that applies to this open source software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of this open source software.
When we host any software and enable you to access and use such software through the Websites, then these terms will apply to such access and use, in addition to any license agreements that we may enter into with you.
Intellectual Property and Use of the Websites
The Websites and the Materials are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed in the Materials are our property, unless as otherwise disclosed. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Materials for commercial or public purposes without our express authorization or as expressly permitted by applicable copyright or trademark law. You may not copy any material from the Materials without our express prior written authorization and subject to our copyright notice being affixed to the copied material or as expressly permitted by applicable copyright law. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any of our patent, trademark, copyright or other proprietary rights for any purpose not expressly set out in these Terms.
Except as otherwise indicated elsewhere on the Websites, you may view, download and print the Materials available on the Websites subject to the following conditions:
Materials must be used solely for personal, informational, internal, non-commercial purposes.
The documents and information must not be modified or altered in any way.
The documents and information on the Websites must not be distributed.
You must not remove any copyright or other proprietary notices contained in the documents and information.
We reserve the right to revoke the authorization to view, download, and print the Materials available on the Websites at any time, and any such use shall be discontinued immediately upon written notice from us.
The rights granted to you constitute a non-exclusive license and not a transfer of title.
The rights specified above to view, download and print the documents and information available on the Websites are not applicable to the design or layout of the Websites. Elements of the Websites are protected by intellectual property laws and other laws and may not be copied or imitated in whole or in part.
Third-Party Resources
We may display information, links and other material on our Websites relating to third-party software, hardware, services, networks, blockchains (whether public or private), websites or other resources (collectively, the “Third-Party Resources”) for your convenience only. We are not responsible for any Third-Party Resources and all material about them is provided on an “as-is” basis. Any copyright or other intellectual property rights in the Third-Party Resources remain the property of their respective authors and owners. The inclusion of any material does not constitute approval, endorsement or recommendation by us of any Third-Party Resource or any third party, and we disclaim all responsibility and liability for your use of any Third-Party Resources. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any Third Party Resource. We will not be liable for any damages that you may suffer in connection with any Third-Party Resource, including without limitation in connection with accessing, relying on, downloading, installing, using, modifying or distributing any Third-Party Resource. No information obtained by you from our Websites shall create any warranty in respect of any Third-Party Resource. We make no representation, warranty, guarantee or undertaking of any kind in respect of any Third-Party Resource, including without limitation as to the effectiveness, security, functionality, operation, reliability, quality, accuracy, validity, legality or intellectual property rights compliance of any Third-Party Resource. Your use of or interactions with any Third-Party Resource, and any third party that provides any Third-Party Resource, are solely between you and such third parties and shall be governed by such licenses and terms of use as specified by such third parties, and we are not responsible or liable in any manner for such use or interactions. Third-Party Resources may be updated, changed or terminated at any time, and any material provided on our Websites may be or become out of date or inaccurate. We make no representation or warranty as to the accuracy or completeness of such material nor any commitment to update or correct such material. USAGE AND RELIANCE ARE ENTIRELY AT YOUR OWN RISK.
User Content
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, or sign up to our mailing list or create an account on the Websites (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via the Websites do not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content that is transmitted, stored or processed via the Websites or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Websites, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content or account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.
By posting, uploading, inputting, providing or submitting your User Content to us, you grant us and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right and have absolute discretion, to remove, screen or edit User Content. Further, if we have reason to believe that there is likely to be a breach of security, breach or misuse of the Websites or if you breach any of your obligations under these terms or the Privacy Notice, we may suspend your use of the Websites at any time and for any reason.
Prohibited Communications
You are prohibited from using the Websites to post or transmit any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, any material that is contrary to applicable local, federal, or international laws and regulations, or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using the Websites, and we reserve the right to delete any material our company deems inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Websites.
Warranties and Disclaimers; Limitation of Liability
Except as expressly provided otherwise in a written agreement between you and us, all Services, including the Websites and related Materials, are provided “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied terms of satisfactory quality, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty or condition that (i) the Services and Materials will meet your requirements, (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate or reliable, and (iv) the quality of any Services or Materials purchased or obtained by you from the Websites will meet your expectations. Some states or jurisdictions do not allow the exclusion of implied terms or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
In no event shall we be liable to you or any third party, in contract, tort (including negligence), statutory duty or otherwise for any special, punitive, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, arising out of or in connection with the use of the Websites or of any websites referenced or linked to or from the Websites. Save to the extent prohibited under applicable law, in no event will our cumulative liability to you, whether in contract, tort (including negligence), or otherwise, exceed the greater of (1) the aggregate amount you paid to us to access or use the Services in the most recent three-month period, if applicable; or (2) $50. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
The use of the Services is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through or from the Websites shall create any warranty not expressly stated in these Terms.
Indemnification
You agree to indemnify, defend, and hold us, and our directors, officers, agents, representatives, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Websites, your conduct in connection with the Websites or Services, your use of the Services, your violation of these Terms, or your violation of any rights of another person or entity. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Acceptable Use Policy
You must only use the content or services provided through the Websites for their stated purpose. You must not use the Websites to:
(a) interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of the Websites;
(b) violate any applicable laws or regulations;
(c) attempt to do anything that does or could interfere with, disrupt, negatively affect or inhibit other users from using the Services, Websites or links on the Websites or that could damage, disable, overburden or impair the functioning of the Websites or our servers or any networks connected to any of our servers in any manner;
(d) create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of the Websites or our representatives, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
(e) mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
(f) disguise the origin of any material transmitted through the services provided by the Websites (whether by forging message/packet headers or otherwise manipulating normal identification information);
(g) violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
(h) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
(i) access any content, area or functionality of the Websites that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Websites;
(j) obtain unauthorised access to or interfere with the performance of the servers which host the Websites or provide the services on the Websites or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
(k) attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
(l) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or its services;
(m) harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner;
(n) use any part of the Websites other than for its intended purpose; or
(o) engage in or promote any activity that violates these Terms.
No Financial Services Activities or Advice
The information and any materials contained in the Websites should not be considered as an offer or solicitation to buy or sell financial instruments, provide financial advice, create a trading platform, facilitate or take deposits or provide any other financial services of any kind in any jurisdiction.
The information contained on the Websites is not intended to provide and should not be construed as advice of any kind. You should obtain appropriate professional advice when necessary. It does not take into account your objectives, financial situation or needs.
Release
To the fullest extent permitted by applicable law, you release us and our directors, officers, agents, representatives, co-branders or other partners, and employees from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Dispute Resolution; Binding Arbitration.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Any dispute, controversy or claim arising out of or in connection with these Terms (including the existence or formation of this Agreement) shall be finally and exclusively settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted. The place of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). If the parties do not agree on the arbitrator to be appointed within 15 days of the dispute proceeding to arbitration, the arbitrator is to be appointed by the HKIAC. The arbitration proceedings shall be conducted in English. The seat of arbitration shall be Hong Kong.
Notwithstanding the foregoing, you agree that we may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction.
Governing Law
The Terms and our relationship with you will be governed by the laws of Hong Kong.
Right of Modification and Termination
We reserve the right to amend these Terms at any time. You will know if these Terms has changed since the last time you reviewed it by checking the “Date of Last Update” section below. By continuing to use our Websites after changes have been posted, you are confirming that you have read, understood and agree to the latest version of these Terms.
Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached, or may breach, any term or condition of the Terms, or we may terminate this agreement for our convenience.
We reserve the right, without notice and for any reason, to remove any Materials from the Websites, correct any errors, inaccuracies, or omissions in any Materials on the Websites, change or update any Materials on the Websites, and to deny access of any user(s) to all or any part of the Services at any time and without prior notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Websites constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.