Terms of Service
Last updated: Oct 13, 2022
Welcome to Coin98, a non-custodial wallet and gateway to DeFi world. Please read these Terms of Service (“Terms of Service”, “Terms”) carefully. This is a contract between you and Coin98 Labs Ltd, having its notices address at Intershore Chambers, P.O Box 4342, Road Town, Tortola, British Virgin Islands. References in these Terms to “Coin98”, “we”, “our” or “us”, are to Coin98 Labs Ltd and references to “you”, “your”, “customer” or “user” are to the person with whom Coin98 enters into these Terms.
These Terms will apply to your use of Coin98 Services. “Services” refer individually and collectively to Coin98 website at https://coin98.com and https://coin98.app (“Web”), Coin98 mobile wallet application (each, an “Application”), Coin98 wallet extension (“Extension”) on Chrome and Firefox browsers and the related services, including the services of interaction with decentralized protocols and blockchains as well as all written or digital materials including software, data, text, audio, video, images, trademarks, graphics, or other content (“Content”) supported by Coin98.
We may refer to collectively the Web, Applications, the Extension as the “Coin98 Software”.
1.1 These Terms of Service set forth the legally binding terms for your use of the Services. By using the Services operated, supported or provided by Coin98, you consent and accept that you have read and comprehend these Terms which are applicable to you. These Terms and the Coin98 policies constitute a legal compromise between you and Coin98. These Terms apply to your use of the Services provided by Coin98. If you do not agree to these Terms please do not use or continue using the Coin98 Software or the Services and cease using our Services immediately.
BY AGREEING TO THESE TERMS OR USING THE COIN98 SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND BE BOUND BY THESE TERMS.
IF YOU ARE AGREEING TO THESE TERMS OR USING COIN98 SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND COIN98 AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
1.2 Coin98 reserves the right to amend any portion of these Terms at any time. Such amendments are effective immediately upon posting on any of the Coin98 Software and apply to all access to and continued use of our Services and each component of the Coin98 Software. It is your responsibility to review these Terms regularly. Your continued use of the Coin98 Software and/or our Services after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3 You hereby acknowledge and agree that when you use the Coin98 Software any third-party terms or agreements may apply to your use. For example, when you use our mobile Applications, the terms and conditions of the respective mobile applications marketplaces (like Apple App Store or Google Play) may additionally apply to your use.
1.4 Your use of Launchpad and Launchpool will be additionally subjected to and will be governed by the Launchpad Policy. Your access to certain interaction functionality will be additionally subjected to and will be governed by the CUSD Issuance Policy.
1.5 We may integrate through application programming interface (API) to the Coin98 Software the functionality of exchange of fiat currency to Digital Assets and/or depositing of Digital Assets to your blockchain wallets, provided that we will not perform any exchange of fiat currencies to Digital Assets and any transfer of such Digital Assets to your blockchain wallet. This functionality of exchange and depositing will be provided and operated by third-party payments or exchange providers and will be subject to separate rules and terms, we shall not and will not be a party of such operations. We will inform you, but do not guarantee that we will do so all the times, when you interact directly with any third-party payments or exchange provider. We will not and shall not be liable to you for: (a) the accuracy or reliability of the services provided to you by such third-party payments or exchange providers; (b) the acts or omissions of such third-party payments or exchange providers (or their partners or affiliates); or (c) any loss or damage incurred in connection with the use of the services of such third-party payments or exchange providers.
2. Services Eligibility
2.1 By using the Services, you represent and warrant that:
2.1.1 You have the legal capacity to accept and enter into these Terms and that you are at least eighteen (18) years old and are able to form legally binding agreements. You cannot enter into these Terms if you are below eighteen (18) years old;
2.1.2 You have not previously been suspended or removed from using the Services;
2.1.3 You are not identified as an individual who is restricted or barred from conducting banking or financial transactions, in any jurisdiction or under any applicable laws;
2.1.4 You are not placed on any list of persons banned from travelling or conducting business or financial transactions in any jurisdiction;
2.1.5 You will only use the Services for their intended and lawful purposes;
2.1.6 You are not a citizen, a permanent resident or located in Afghanistan, Democratic Republic of Congo, Cuba, Democratic People’s Republic of Korea, Islamic Republic of Iran, Republic of Iraq, Puerto Rico, Syrian Arab Republic, Venezuela, Zimbabwe, United States of America (including its states and the district of Columbia), the Virgin Islands of the United States, or any other possessions of the United States of America.
2.2 If you are using our Services on behalf of a legal entity, you further represent and warrant that:
2.2.1 The legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;
2.2.2 You are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that your use of the Services and provisions of these Terms are in compliance with all laws, rules, and regulations that apply to you;
2.2.3 The legal entity is not established at and/or is not carrying day-to-day management from Afghanistan, Democratic Republic of Congo, Cuba, Democratic People’s Republic of Korea, Islamic Republic of Iran, Republic of Iraq, Puerto Rico, Syrian Arab Republic, Venezuela, Zimbabwe, United States of America (including its states and the district of Columbia), the Virgin Islands of the United States, or any other possessions of the United States of America.
2.3 By using Coin98 Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. Coin98 Services and any of its components are not intended for use in any jurisdiction where such use is not permitted. You are responsible for compliance with the local laws of your jurisdiction. We may still refuse to let certain people access or use Coin98 Services, however, and we reserve the right to change our eligibility criteria at any time.
2.4 We may set additional eligibility requirements to any or specific users or applicable to use of any specific functionality of the Coin98 Software or Services at our sole discretion.
3. Use of Coin98 Services
3.1. Users’ Privacy
3.2 Wallets and Digital Assets
3.2.1 Coin98 allows its users to access and manage multi-source and multi-chain digital blockchain-based assets (“Digital Assets”) by creating many different “wallets” at different blockchains via our Coin98 Software at the same time. Your wallets, Digital Assets, and cryptocurrencies are completely in your own control. You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets storage and transactions from your wallets in any case.
3.2.2 Coin98 does not maintain any blockchain wallets (either single-chain or multi-chain like), and it does not act as a custodian of user’s Digital Assets even if any such blockchain wallet was created via the Coin98 Software. You hereby acknowledge and agree that Coin98 has no liability for or control over the safety, suitability, quality, delivery, legality or other aspects of any of your Digital Assets.
3.3 Interaction with Protocols
3.3.1 Coin98 Software serves as an aggregator of technically supported decentralized protocols (“Protocols”), including but not limited to, swaps, liquidity, lending protocols, and provides its users the graphic user interface and functionality to technically interact with Protocols. All transaction and/or order matching, clearing, settlement and filing happen in a complete decentralized fashion through the Protocol operated at the peer-to-peer model. We may create or launch Protocols or decentralized liquidity pools, provided that as soon as they are launched, they will not be operated or controlled by us, rather they will be decentralized.
3.3.2 You hereby acknowledge and agree that we do not execute the exchange of Digital Assets, cryptocurrencies and tokens, either directly or through Protocols. We do not define, suggest and execute any control over the price of Digital Assets accessible via Protocols. You do not interact with us when you perform swaps or interact with liquidity or lending pools, rather you interact with a Protocol directly. We do not own or control the underlying software which governs the operation of Protocols, even technically supported by the Coin98 Software or created by us.
3.3.3 You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of any actions or transactions that you engage in while interacting with Protocols through the Coin98 Software.
3.3.4 You acknowledge that the functionality of Protocols is experimental in nature. Protocols you interact with and rely on, are third party software applications. We make no representations or warranties of any kind regarding these third-party applications, including but not limited to representations and warranties of compliance, availability, or security. We make no representations or warranties that Protocols are compliant with laws of any jurisdiction, and you are solely responsible for making any such determination with respect to your interaction with such Protocols.
3.3.5 Your interaction with Protocols can be subject to or can incur fees, including fees of such Protocols or liquidity providers, or application of interest rates by Protocols.
3.3.6 Please note that the graphic user interface to technically supported Protocols accessible via the Coin98 Software is only the one of user interfaces to access such Protocols. Please note as well that we are a separate entity from, not an affiliate of, and have no control or management over named Protocols.
3.4 Interaction with Blockchains
3.4.1 Coin98 Software provides its users with the graphic user interface and functionality to technically interact with various blockchains, including, but not limited to, Bitcoin, Ethereum, Binance Smart Chain, Huobi Eco Chain, Tron, Solana. The Coin98 Software allows users to retrieve information on Digital Assets and their markets, technically interact with such blockchains through the provided graphical user interface, including, but not limited to, interact with blockchains for creation of Digital Assets, transfer of Digital Assets or submitting any information to blockchains.
3.4.2 You hereby acknowledge and agree that you interact directly with the corresponding blockchain, we do not control your interaction with such blockchain and do not process or transmit any information, data or transactions entered by you. You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of any actions or transactions that you make or engage in while interacting with blockchains through the Coin98 Software.
3.4.3 Please note that the graphic user interface to technically supported blockchains accessible via the Coin98 Software is only the one of user interfaces to access such blockchains as well as you can interact with such blockchains directly through its code without using any third-party graphic user interface. Please note as well that we are a separate entity from, not an affiliate of, and have no control or management over named blockchains.
3.4.4 We reserve the right to cancel or refuse your interaction with any supported blockchains or the accessibility of total interaction functionality to you due to requirements of any applicable laws or regulations, and without prior notice to you.
3.5.1 “Staking” means a process of locking (making temporarily unavailable) of Digital Assets at a decentralized Protocol through execution of a smart contract that is usually accompanied by an allocation of reward or provision of a privileged access to any software’s functionality or provision of any other kind benefits to Stakers. “Staker” is a person who performs Staking.
3.5.2 Coin98 may provide you with the functionality of interacting with Protocols that support or allow Staking based on criteria and according to conditions specified by these Protocols. Staking Protocols may provide functionality of aggregating or routing of the Staked Digital Assets when such Staked Digital Assets may be automatically routed by a staking Protocol for generating additional yield. All calculation and distribution of any applicable rewards happen in a complete decentralized fashion through the Protocol operated at the peer-to-peer model according to the initial parameters set at the moment of creation of the Protocol or any related decentralized Staking pool (“Staking Pool”).
3.5.3 We may create or launch Protocols or Staking Pools, provided that as soon as they are launched, they will not be operated or controlled by us, rather they will be decentralized. We may monitor any Staking Pool created by us in order to determine if you are eligible for any privileged access announced by us.
3.5.4 You do not interact with us when you perform Staking, rather you interact with a Protocol directly. We do not own or control the underlying software which governs the operation of Protocols, even technically supported by the Coin98 Software or created by us. Coin98 does not and will not be responsible or liable to you for the distribution of any Staking rewards. Also, Coin98 does not and will not be responsible or liable to you for the provision of any benefits unless specifically promised by Coin98.
3.5.5 By performing Staking you will be unable to access your staked Digital Assets unless you unstake them. In some instances, you may be unable to unstake Digital Assets before the specified period of time or the specified event, or such unstaking can incur any additional costs to you and/or loss of Staking rewards.
3.5.6 You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of your Staking and interaction with Staking Pools through the Coin98 Software.
3.5.7 Your Staking can be subject to or can incur fees, including fees of Protocols, Staking Pools, transaction fees of blockchains.
3.5.8 We do not represent and warrant that we will technically support any Protocols or Staking Pools even technically supported before, notwithstanding if you perform Staking or not. We do not guarantee that you will be able to interact with any Protocols or Staking Pools through the Coin98 Software in future, including that you will be able to unstake your Digital Assets through the graphic user interface of the Coin98 Software.
3.6 Information Accessible via Coin98 Software
3.6.1 Coin98 may provide its users with access to various information related to Digital Assets and markets of Digital Assets through the Coin98 Software.
3.6.2 All the information displayed via the Coin98 Software is retrieved directly from the respective blockchains (for example, Ethereum, Binance Smart Chain, Solana), Protocols (for example, UniSwap, PancakeSwap, Serum DEX) or specified trading platforms (for example, Binance, FMX, FTX, Huobi, Bitfinex, Bittrex, Poloniex, OKEx) and is not collected, compiled or in any manner modified or processed by Coin98.
3.6.3 We cannot and do not represent or guarantee that any of the information available through the Coin98 Software including, but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. We do not guarantee the timeliness of the technology or information involved in the Coin98 Software. We disclaim any liability for any loss or damage should you use or view the information available through the Coin98 Software.
3.6.4 In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Coin98 Software are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only and we make no representations or warranties to its accuracy.
3.7 Managing Your Keys, Passwords, and Security
Coin98 does not control any of your account passwords, personal identification numbers (PINs), wallet private keys, passphrases for your blockchain wallets as well as any other codes that you deploy to have access to the Services provided by Coin98. It is your responsibility to keep safe and guard any of your account passwords, personal identification numbers (PINs), wallet private keys, passphrases. You take full responsibility for keeping your own security information confidential. If you employ a third organization to store your private key(s), whether or not such appointments are made through the Services (e.g., through a key recovery service), Coin98 is not responsible for the actions or omissions of such a third party.
3.8 Product Updates
3.8.1 Coin98 reserves the right to make unscheduled deployments of changes, updates, or improvements to the Services at any time. We may add or remove any functionalities or features, and we may discontinue the Services altogether. When a new version of the Application or Extension is launched, we may send you notifications in the Application and the Extension as well as a post on social media channels. Therefore, if you want to update the latest version of the Application or Extension, you should activate update functionality in your version or install the new version manually.
3.8.2 You hereby acknowledge and agree that we have no obligation to enhance, modify or replace any part or component of the Coin98 Software or to continue developing or releasing new versions of the Coin98 Software.
3.9 Third-party Services
3.9.1 For your convenience, the Coin98 Software may provide access to services from third-party websites, platforms, applications (including decentralized applications, also known as dApps), software, networks or ledgers (“Third-party Applications”). However, we make no representations about any Third-party Applications that may be accessed through the Coin98 Software. Connection to and use of Third-party Applications is at your own risk and we have no responsibility for (a) the accuracy or reliability of the information on Third-party Applications; (b) the acts or omissions of the operators of Third-party Applications (or their partners or affiliates); (c) any loss or damage incurred in connection with the use of any Third-party Applications, or (d) any transaction you perform in connection with your use or access of any Third-party Applications.
3.9.2 We have no control over content that can be found at any Third-party Applications. Some of these Third-party Applications may contain materials that may be objectionable, unlawful, or inaccurate. You shall be subject to any terms and conditions of such Third-party Applications. We are not responsible or liable for any loss or damage should you use or view Third-party Applications, and have no control over their services. It is your sole responsibility to understand fully the services and products being offered by such third parties and the terms and conditions governing their services and products before transacting with such third parties.
3.10. Fees and Taxes
3.10.1 In consideration for access to the Coin98 Software, Protocols and/or our Services we, such Protocols and/or liquidity providers may take fees that are based on your interaction with the Coin98 Software, such Protocols, and/or usage of our Services. Please be aware that some types of Protocols can apply interest rates on transactions you make with them.
3.10.2 We will inform you of fees amounts and their description via the Coin98 Software. Fees are subject to revision by us, Protocols and/or liquidity providers with or without prior notification.
3.10.3 You hereby agree to pay all the applicable fees and any other amounts incurred by you or on your behalf through the Coin98 Software, in the amounts that are in effect when such fees are incurred.
3.10.4 You are responsible for checking the fee schedule regularly and in each instance before interacting with the Coin98 Software and/or Protocols or using Services that may incur a fee.
3.10.5 Please be aware that blockchains, distributed ledgers or any decentralized networks and/or their designated third-party suppliers may take fees or commissions incurred by your activities or interaction within these blockchains, ledgers or networks, including but not limited to, transactions fees. Please check their fees schedules prior to making any activities with them. We are not and will never be responsible for commissions of any blockchains, ledgers or networks or any third parties even accessed through the Coin98 Software.
3.10.6 It is your responsibility to determine whether, and to what extent, any taxes apply to activities you perform through the Coin98 Software, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We do not undertake any responsibility to store or archive any transaction information, nor does the Coin98 Software has any such storage or archival capability.
3.10.7 Our fees do not comprise any taxes, levies, duties, or similar governmental assessments of any nature. You have the responsibility for paying all taxes associated with your use of our Services. If we have the legal obligation to pay or collect taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property, and employees (“Coin98 Software Taxes”). If applicable law requires you to withhold Coin98 Software Taxes from your payment(s) to Coin98 Software, you will provide reasonable assistance to Coin98 Software in connection with such Coin98 Software Taxes by (a) promptly providing Coin98 Software with valid tax receipts and other required documentation evidencing your payment of such Coin98 Software Taxes; and (ii) assisting Coin98 Software in filing applications to reduce such Coin98 Software Taxes.
3.11 No Guarantee of Uninterrupted Access
You understand and agree that we do not guarantee uninterrupted, secure access to any parts of the Coin98 Software, and the operation of the Coin98 Software may be disturbed by numerous factors beyond our control.
4. Risks Disclosure. Assumptions of Risks.
THIS SECTION CONTAINS INFORMATION REGARDING SIGNIFICANT RISKS OF HOLDING, OWNING, ACQUIRING AND PURCHASING CRYPTO CURRENCIES, TOKENS OR ANY DIGITAL ASSETS. PLEASE READ THIS SECTION CAREFULLY.
4.1 Holding, owning, acquiring and purchasing Digital Assets, interacting with Protocols, pools, smart contracts, Staking involves significant risks and potential for financial losses, including, without limitation, the following:
4.1.1 the features, functions, characteristics, operation, use and other properties of any Digital Assets (“Asset Properties”) and the software, networks, ledgers, protocols, systems, and other technology (including, if applicable, any distributed ledger (blockchains)) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in Digital Assets may be complex, technical or difficult to understand or evaluate;
4.1.2 any Digital Asset and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Digital Asset or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a decentralized distributed ledger (blockchain) or other Underlying Technology;
4.1.3 any Protocol, pool or smart contract may be vulnerable to Attacks, including phishing attacks. Any Protocol, pool or smart contract may cease to operate as expected due to various reasons, including Attacks, enforcement and regulatory activities, scamming activities, technical and communication issues. We do not monitor any Protocols or pools. We do not make any representation and warranty that these Protocols or pools are safe, secure, verified or verifiable, or of any value or quality or legality;
4.1.4 any Digital Asset, Asset Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of the Digital Asset or blockchain;
4.1.5 any Digital Asset may decrease in value or lose all of its value due to various factors including the discovery of wrongful conduct, market manipulation, changes to Asset Properties or perceived value of Asset Properties, Attacks, suspension or cessation of support for a Digital Asset by Protocols, trading platforms, marketplace platforms or service providers, and other factors outside our control;
4.1.6 any Digital Asset may be lost if sent to the wrong address (for example, but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Digital Assets);
4.1.7 we make no representation whatsoever that any of the Digital Assets that may be found or are accessible through the Coin98 Software, are safe, suitable, true to any representations made by the Digital Asset issuer or sponsor, verified or verifiable, or of any value or quality or legality;
4.1.8 we undertake no responsibility for conducting any due diligence or screening process with regard to any Digital Asset that is accessible or discoverable through the Coin98 Software, Launchpad or Launchpool;
4.1.9 we may at any time, with or without prior notice to users, remove any Digital Asset from display or accessibility through the Coin98 Software, Launchpad or Launchpool for any business or regulatory reason that we may deem appropriate.
4.2 The risks described in this Section 4 may result in loss of Digital Assets, decrease in or loss of all value or exchangeability of Digital Assets, inability to access or transfer Digital Assets, inability to exchange Digital Assets, inability to receive financial benefits available to other Digital Assets holders, and other financial losses to you. You hereby assume and agree that we will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Coin98, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives (“Representatives”) related to any of the risks set forth herein.
4.3 You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Digital Assets and their Underlying Technology that you decide to acquire, exchange or purchase, including through Launchpad or Launchpool; (b) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of the Services; and (c) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Digital Assets. You acknowledge that in exchanging any Digital Asset through Protocols, purchasing or acquiring Digital Assets through Launchpad or Launchpool, you are not relying in any manner on us or our affiliates, and the fact that any particular Digital Asset is accessible or discoverable through the Coin98 Software or acquirable through Launchpad or Launchpool in no way constitutes any endorsement or indication that such Digital Asset has undergone any form of due diligence review or qualification, and in no way indicates any party’s opinion that the Digital Asset is safe, suitable, true to any third party representations made, verified or verifiable, or of any value or quality or legality.
4.4 You should not acquire or trade any Digital Assets unless you have sufficient financial resources and can afford to lose all value of the Digital Assets.
4.5 You hereby assume and agree that we will have no responsibility or liability for such risks described in this Section 4. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against us, our affiliates and Representatives related to any of the risks set forth herein.
4.6 We do not provide any advice, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Digital Assets for ownership by you.
5. Intellectual Property
5.1 License and Restrictions
Coin98 grants you a personal, non-transferable, non-exclusive license to use the Services. This license is conditioned upon and restricted by the terms and conditions in these Terms. Further, this license is for personal and non-commercial use. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services, or any part thereof, except (and solely) to the extent permitted by applicable law. You may not assign (or grant a sublicense of) your rights to use the Services, grant an interest in or over your rights to use the Services or otherwise transfer any part of your rights under these Terms. If Coin98 provides you access to any of the Services (for example, an Application or Extension) in return for a fee, this license is conditioned on your payment of the fees due. These Terms do not grant to you any license or permission to copy, distribute, modify, or otherwise use any application programming interface, notwithstanding any provision to the contrary. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you under these Terms are reserved by Coin98.
5.2 Trademarks and Feedback
We do not grant you any licenses or accept the use or display in any manner Coin98’s trademarks, service marks, logos, or slogans. In the case that you give us comments, suggestions, and recommendations concerning the Services (including modifications, enhancements, improvements or suggested changes to the Services, or any feature or function of the Services) (collectively, “Feedback”), you hereby grant us and our affiliates a world-wide, royalty-free, irrevocable, perpetual license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, publicly perform and otherwise exploit such Feedback without restriction, including in relation with the Services and any updates, extensions or successive versions of the Services.
5.3 User Content
5.3.1 Your Content
You are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery, and other content that you submit, post display on, or via the Coin98 Software (“User Content”). Coin98 will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. In case we suspend or terminate your access to the Services, you will not have access to the User Content.
5.3.2 Sharing of Content
If you activate the functionalities that permit you to share User Content with others, anyone you've shared User Content with (including the general public, in certain circumstances) may have access to your User Content.
You hereby allow Coin98, its affiliates and its contractors the right to use, modify, adapt, reproduce, distribute, transmit, display and disclose User Content as reasonably necessary to provide the Services or as otherwise permitted by these Terms. You represent and warrant that: (a) you have all the rights in the User Content that you provide necessary for you to use the Services and to grant the rights in these Terms; and (b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of such User Content doesn't violate any law or these Terms.
You will: (a) be solely responsible for nature, quality, and accuracy of the User Content; (b) ensure that the User Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the User Content, including any notices sent to you by any person claiming that any User Content violates any person's rights.
6. User Conduct
7.1 EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES OR THEIR FUNCTIONALITY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (II) THE QUALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS.
7.2 YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, PROTOCOLS AND BLOCKCHAINS, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7.3 YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CONTENTS GENERATED BY YOU VIA THE SERVICES.
7.4 YOU FURTHER ACKNOWLEDGE THAT WE DO NOT ACT AS YOUR BROKER-DEALER, INTERMEDIARY, AGENT OR ADVISOR WITH RESPECT TO ANY REQUEST YOU MAKE OR INSTRUCT US TO MAKE VIA THE COIN98 SOFTWARE OR SERVICES AND OWE YOU NO FIDUCIARY DUTY. ANY COMMUNICATION BY US TO YOU SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, TAX, ACCOUNTING OR FINANCIAL ADVICE. ANY USE OR ACCESS TO THE COIN98 SOFTWARE SHALL NOT BE CONSTRUED AS THE FACILITATION OF ANY SALE OR EXCHANGE OF SECURITIES OR COMMODITIES AS AN EXCHANGE.
8. Limitation of Liability
8.1 IN NO EVENT WE WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA), EVEN IF WE HAVE BEEN ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) DENIAL OF ACCESS TO OR SUSPENSION OF YOUR ACCESS TO THE SERVICES PURSUANT TO THESE TERMS, (II) OUR DISCONTINUATION OF ANY OR ALL PARTS OF THE SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS MADE BY YOU OR YOUR USE OF OR ACCESS TO THE SERVICES OR (C) ANY UNAUTHORISED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF ACCOUNT, WALLET OR OTHER DATA.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
You agree to defend, indemnify and hold harmless Coin98, its affiliates and their Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use and access to the Coin98 Software and Services, including your interactions with blockchains, Protocols, any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) negligent or wilful misconduct; or (vi) any other party’s access and use of other appropriate security code. The foregoing shall include the actions of any third party who wrongfully commit these actions under your wallets or utilising your passwords or private keys.
10. Suspension and Termination
10.1 Termination by Coin98
We may suspend, restrict, or terminate your access to any portion of the Services, any of its functionalities, for any reason, with or without explanation, effective upon sending a notice to you. We will provide you with the notice of our actions, if it would be technically possible and/or if other is not set in these Terms, and unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to the Services may be based on confidential criteria that are essential to security protocols. You agree that we are under no obligation to disclose the details of our security procedures to you.
10.2 Termination by You
These Terms will be of no further force and effect with respect to you if you cancel all use of the Services and the Coin98 Software.
11. General Terms
11.1 All notices and communications by you to us under these Terms shall be made in writing to our customer support team or by email: [email protected] and are effective on the date received (unless the notice specifies a later date).
11.2 From time to time, we may make available special offers or conduct promotions, challenges or contests to certain users. Subject to applicable laws, we or the issuer of Digital Assets subject to an offer or promotion may establish qualifying criteria to participate in any special promotion at our or its sole discretion. We may revoke any special offer or promotion at any time without notice. We shall have no obligation to make special offers available to all users. We make no recommendation and do not provide any advice about the value or utility of any Digital Asset subject to a promotion.
11.3 We are an independent contractor for all purposes. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and us to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.
11.5 Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
11.6 These Terms are personal to you, you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving the Services.
11.7 If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
11.8 We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
11.9 These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
11.10 Upon termination of these Terms, all sections of these Terms which by their nature should survive termination or expiration will survive, including without limitation, the following sections: Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, Section 9 and this Section 11.10.
11.11 These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands. Any dispute controversy, or claim arising out of, or relating to, or in connection with these Terms, including with respect to the formation, applicability, breach, termination, invalidity, enforceability or any dispute regarding non-contractual obligations arising out of or relating to such obligations, shall be referred to the BVI International Arbitration Centre for resolution pursuant to the BVI IAC Arbitration Rules (in force at the time of submission of a Notice of Arbitration and as may be amended from time to time).