Cryptrovia.com TERMS OF SERVICE Cryptrovia.com

CRYPTROVIA – TERMS OF SERVICE

Last Update December 8, 2023

This document and the other documents that we reference below make up our Terms of Use (the “Terms”). The Terms are a legally binding contract between you, whether personally or on behalf of an entity (“you") and Cryptrovia Inc. and all of its subsidiaries and affiliates (“Cryptrovia,” “we", “us", or “our"). Please note that the section “Disputes with Cryptrovia” contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. This contract sets out your rights and responsibilities when you use Cryptrovia.com, Cryptrovians.com, and the other services provided by Cryptrovia ( collectively, the “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you are confirming that you have read, understand, and agree to be bound by all of these Terms. If you do not agree with/and or accept all the Terms, then you are expressly prohibited from using our Services.

Your Use of Cryptrovia Services

To use our Services, including to browse our website(s), you must abide by the following:

You must be 18 years or older to use our Services. People under the age of 18 are not permitted to use Services, and by using the Services, you represent and warrant that you are over the age of 18.
These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Cryptrovia.

Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like vendor names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
By posting Your Content through our Services, you grant Cryptrovia a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Cryptrovia function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Cryptrovia may offer your Cryptrovia buyers promotions on the Site, from time to time, that may relate to your listings
By posting Your Content, you grant Cryptrovia a nonexclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Cryptrovia, your Cryptrovia shop, or the Services in general, in any formats and through any channels, including across any Cryptrovia Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
Cryptrovia has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer.
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Your Use of Our Services

You will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you, including all U.S. laws related to sanctions. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Cryptrovia, another Cryptrovia user, or a third party.
You are responsible for paying all fees that you owe to Cryptrovia. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases you make through our Services.
You agree not to bypass, circumvent, disable, breach, or otherwise interfere with any security device, protection, or security-related features of the Services. You further agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including Company Intellectual Property Rights as defined below) without our express permission.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
The name "Cryptrovia" and the other Cryptrovia registered or unregistered trademarks, trade names, phrases, logos, and designs that we use in connection with our Services (“Trademarks”), are trademarks, service marks, or trade dress of Cryptrovia in the United States and other countries. Services contain a variety of: (i) materials and other items relating to Cryptrovia and its products and services, and similar items from our licensors or other third parties, including all layouts, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, non-fungible tokens (NFTs), advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) Trademarks; and (ii) other similar or equivalent forms of intellectual property protectible in any part of the world (collectively the “Company Intellectual Property Rights”). The Services (including past, present, and future versions and modifications thereto) and the Company Intellectual Property Rights are exclusively owned and controlled by the Cryptrovia (or our parents, subsidiaries, or affiliates), our licensors, or other third parties. All right, title, and interest in and to the Company Intellectual Property Rights are and will remain exclusively owned by Cryptrovia (or its parents, subsidiaries, affiliates, or associates), our licensors, or other third parties, and are protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. The Application and the Company’s Website(s) are also protected as a collective works or compilations under U.S. copyright and other laws and treaties. You may use the Services and Company Intellectual Property Rights for your personal, non-commercial use only, and you may not copy, reproduce, republish, download, upload, post, transmit, distribute, modify, reuse, repost, or make any other use of the Service (or any portion thereof), or Company Intellectual Property Rights. You may not rent, lease, lend, sell, assign, create derivative works of or based upon the Service or Company Intellectual Property Rights (including, without limitation, preparation of summaries of the content or “thumbnails” of any images therein), or any portion thereof, or publicly display, publicly perform, or otherwise use the Service or Company Intellectual Property Rights in any way for any public or commercial purpose. The use of any information or Company’s Intellectual Property Right contained in or provided via the Services on any other website, or in any publication, database, catalog or compilation, for any purpose other than personal use of the Services without the express prior written permission of Cryptrovia is strictly prohibited.
Any ideas or other materials you submit to Cryptrovia are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
From time to time, Cryptrovia will provide you with certain legal information in writing. Supplemental terms and conditions or documents that may be posted on our Services 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 Service at any time and for any reason. We will alert you of any changes by updating the “Last Updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service 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 Service by your continued use of the Services after the date such revised Terms of Service are posted.

Termination

These Terms of Service remain in full force and effect while you use our Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (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 SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION OF THE SERVICES OR DELETE YOUR ACCOUNT 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 a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, or to otherwise use the Services. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to buy on our websites.

If you or Cryptrovia terminate your account, you may lose any information associated with your account. Cryptrovia reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Cryptrovia’s policies under these Terms of Service. We will not be liable to you for the effect that any changes to the Services may have on you, The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability

WARRANTIES. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SERVICES INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.

Items You Purchase. You understand that Cryptrovia does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Cryptrovia cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Cryptrovia from any claims related to items sold through our Services, including for defective items, misrepresentations by manufacturers or sellers, or items that caused physical injury (like product liability claims).

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CRYPTROVIA, NOR OUR EMPLOYEES, OFFICERS, OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR INCONNECTION WITH THE SERVICES OR THESE TERMS.

YOU AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL CRYPTROVIA’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY,EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID CRYPTROVIA IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
If you find yourself in a dispute with another user of Cryptrovia’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You release Cryptrovia from any claims, demands, and damages arising out of disputes with other users or parties.

Content You Access.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Cryptrovia is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users.

Third-Party Services. Our Services may contain links to third party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk.

The third parties may require you to accept their own terms of use. Cryptrovia is not a party to the agreement; they are solely between you and the third party. Gift Cards and Promotions.

Disputes with Cryptrovia

Governing Law. These Terms of Service and your use of the Services are governed by and constructed in accordance with the laws of the State of Delaware , without regard to its conflict of laws principles,. These laws will apply no matter where in the world you live, but if you live outside of the United States of America, you may be entitled to the protection of other laws.
Informal negotiations—To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (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 the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Arbitration. You and Cryptrovia agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the "AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect(those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law.

**Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. For EU sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaints procedure published here. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution ("CEDR") for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR. Any arbitration or mediation under the Terms will take place on an individual basis.

You understand that by agreeing to the Terms, you and Cryptrovia are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitration shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
Forum. Any legal action against Cryptrovia related to our Services must be filed and take place in Delaware, USA. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Delaware, USA, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Cryptrovia agree to submit to the personal jurisdiction of a state or federal court located in Delaware.
Exceptions to the Informal Negotiations and Arbitration—The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration:
any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party;
any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and

iii. any claim for injunctive relief.

If this provision is found to be illegal and 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 or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Some Finer Legal Points

The Terms, including all of the policies that make up the Terms and any policies or operating rules posted by us through our Services, supersede any other agreement between you and Cryptrovia regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. These Terms of Service 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 Service is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Service and does not affect the validity and enforceability of any remaining provisions. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Contact Information

If you have any questions about the Terms, please email us at legal@cryptrovia.com.

*In some countries you may have additional rights and/or the preceding may not apply to you.