Conditions of Use
Intellectual Property Rights
- The Assets exchanged in a Transaction will be used only in a lawful manner.
- In connection with a Transaction, you will only sell legally-obtained Assets that belong to you.
- You will not engage in, further, perform, undertake, aid or abet in any unlawful activity (including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, intellectual property infringement, or violent or abusive activities) (“Prohibited Activity”) through the Transactions or use of the Site. We reserve the right to refuse to publish, post or otherwise make available any Transaction Information if we suspect that the applicable Transactions relate to or have a high risk of relating to a Prohibited Activity, or if we believe the Transaction Information is erroneous.
- You will obey all applicable laws in connection with Transactions.
- You are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services. You are not and have not been placed on the “Specially Designated Nationals and Blocked Persons List” by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury.
- You are not and have not been placed on the “Denied Persons List” by the Bureau of Industry and Security of the United States Department of Commerce.
- You will not use the Site if the laws of your country prohibit you from doing so in accordance with this Agreement.
Risks. Use of the Site and participation in Transactions may carry financial risk. You acknowledge and agree that you are aware of such risks, including the following: Exchanging Assets can be very risky. Assets are, by their nature, highly experimental, risky, volatile and Transactions are generally irreversible. All Transactions are final and there are no refunds. You acknowledge and agree that you will access and use the Site and participate in Transactions at your own risk. The risk of loss in trading Assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. Understanding Assets and Transactions may require advanced technical knowledge. Assets are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks of trading Assets. Any reference to a type of Assets on the Site does not indicate our approval or disapproval of the underlying technology regarding such type of Assets, and should not be used as a substitute for your own understanding of the risks specific to each type of Assets. We make no warranty as to the suitability of the Assets referenced on the Site and assume no fiduciary duty in our relations with you. You accept the risk of trading Assets. Emoon does not advise on trading risk. In entering into any Transaction, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of the Transaction and the underlying Assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any Transaction or any underlying Token. You accept all consequences of participating in Transactions, including the risk that you may lose access to your Assets indefinitely. All Transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with Transactions. Under no circumstances will the operation of all or any portion of the Site be deemed to create a relationship that includes the provision or tendering of investment advice. You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your Transactions, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of the Site and participation in any Transaction. You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. You agree to accept the risk of a Transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any Viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available Virus screening and prevention software. By accessing and using the App, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital tokens such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital tokens are highly volatile, and that there are risks associated with digital tokens including (but not limited to) those related to adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You understand and agree to assume full responsibility for all of the risks of accessing and using the Siteand interacting with the Ethereum Blockchain, and agree that Emoon is not responsible for any loss you may experience as a result of these risks. Emoon must comply with applicable law. We comply with all legal requests for information, and reserve the right to provide information, including Transaction Information, to law enforcement personnel and other third parties to answer inquiries, to respond to legal process, to respond to the order of a court of competent jurisdiction and those exercising the court’s authority and to protect the Company and our users. Operation of Underlying Protocols. We do not own or control the underlying software protocols that govern the operation of Assets referenced on the Site. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By accessing or using the Site, you acknowledge and agree (i) that we are not responsible for operation of the underlying protocols and that we make no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Token referenced on the Site. In the event of a fork, you agree that we may temporarily suspend our operations (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that we assume absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
Indemnity and Release
Disclaimer of Warrantiess
Limitation of Liabilityy
- To respond to a User’s inquiries or fulfill a User’s requests and provide related customer service.
- To send administrative information to a User, such as changes to our terms, conditions and policies.
- To personalize the User’s experience on our Site.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, improving our Site, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- To send periodic newsletters, via email, if the User has opted in to receive our newsletters.
- “Other Information” is information that does not reveal a User’s specific identity or does not directly relate to an identifiable individual, such as:
- Browser and device information
- Information collected through cookies, pixel tags and other technologies
- Demographic information and other information provided by a User that does not reveal his or her specific identity
- Information that has been aggregated in a manner that does not reveal Users’ identities
- Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language and Internet browser type and version. We use this information to ensure that the Site functions properly.
- Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences and other traffic data. We use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize a User’s experience. We also gather statistical information about use of the Site in order to continually improve its design and functionality, understand how it is used and assist us with resolving questions about it. We do not currently respond to browser do-not-track signals. If a User does not want information collected through cookies, most browsers allow a User to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. A User may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, a User does not accept cookies, he or she may experience some inconvenience in the use of the Site.
- Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about use of the Site and response rates.
- IP Address: Your IP address is automatically assigned to a User’s computer by his or her Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a User accesses the Site, along with the time of the visit and the pages were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Site. We may also derive your approximate location from your IP address.