1. SCOPE OF AGREEMENT
Please take a few minutes to read this Agreement carefully.
Please note: ZPECoin makes no representations or guarantees that information on the Site is accurate. ZPECoin asks users who submit content to affirm that any information in the content is accurate, but ZPECoin does not verify the accuracy of the information submitted by users. All content on the Site is provided solely to assist users in exercising their own best judgment and at their own risk.
2. INFORMATION AND PASSWORDS
You may register and create a personal account to access certain features and functions of the Site. You are solely responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your account. ZPECoin does not retain liability or responsibility for such use.
3. USER SUBMISSIONS
User Content includes but is not limited to, any text, images, photos, audio, video, location data, ratings, reviews, compilations, messages or other information that is publicly displayed by you. ZPECoin asks users who submit User Content to affirm that any information in the content is accurate, but ZPECoin does not verify the accuracy of the information submitted by users.
By submitting User Content to any part of the Site, you represent and warrant that:
- You are the sole author and owner of any intellectual property protected User Content you submit;
- You are solely responsible for any contributions, comments or postings you submit, including any feedback or questions;
- All User Content that you post is accurate;
- You are at least 18 years old;
- Your use of the User Content does not violate this Agreement and will not cause injury to any person or entity;
- You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted User Content; and
- You will indemnify, defend and hold harmless ZPECoin, its officers, directors, employees and agents from any third party claim(s) and any damages, losses or injuries resulting from the display of your User Content.
- You further agree and warrant that you will not:
- Submit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- Submit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- Submit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Submit any User Content that is false or misleading;
- Use the Site for sales and marketing purposes;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Invade another’s privacy in any way, including posting another’s personal details without their prior permission;
- Manipulate identifiers in order to disguise the origin of any User Content submitted;
- Act in a manner that affects other users’ ability to engage in real time exchanges;
- Intentionally or unintentionally violate any applicable local, state, provincial, national or international law.
You acknowledge that ZPECoin and its affiliates have the right in their sole discretion, to remove, refuse, move, edit or delete any User Content submitted, regardless of whether such content violates this Agreement.
Any submission to the Site will be deemed and remain the property of ZPECoin. By submitting User Content to the Site you hereby grant ZPECoin and its affiliates a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the User Content in any media or medium, form, format or forum.
4. ZPECoin INTELLECTUAL PROPERTY
ZPECoin retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Site, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“ZPECoin Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by ZPECoin, including ZPECoin’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”).
You have no rights in or to such ZPECoin Content or Trademarks and you will not use any ZPECoin Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the ZPECoin Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display ZPECoin’s Trademarks in any manner without ZPECoin’s prior written consent. Unless we specifically consent in writing, ZPECoin’s Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits ZPECoin.
Unless otherwise specifically set forth on the Site or unless written consent is provided, you may only use and access, download and copy the ZPECoin Content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the ZPECoin Content. You acknowledge and agree that the ZPECoin Content is made available for informational and educational purposes only, and is provided to assist you in exercising your own judgment. ZPECoin Content is not a substitute for legal advice or your best judgment. The accuracy of ZPECoin Content is not guaranteed, and ZPECoin makes no representation or warranty of any kind. Unless otherwise specifically specified on the Site, such as a ZPECoin rating or alert, ZPECoin Content should not be construed as a representation of the opinions of ZPECoin. ZPECoin does not give legal advice. Your reliance upon ZPECoin Content obtained through the Site is solely at your own risk. All rights not expressly granted in this Agreement are reserved to us.
5. NOTIFICATION OF INFRINGING COPYRIGHT-PROTECTED CONTENT
Material may be made available on the Site by third parties not within our control. We are under no obligation to, and do not, scan material used in connection with the Site for the inclusion of illegal or impermissible Content. However, we respect the copyright interests of others. It is our policy not to permit material known by us to infringe upon another party’s copyright to remain on the Site.
To notify ZPECoin of alleged copyright or trademark infringement on the Site, in accordance with 17 U.S.C. §512(C)(3), you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ZPECoin to locate the material;
- Information reasonably sufficient to permit ZPECoin to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- All Notifications of Claimed Copyright Infringement should be sent to our designated agent as follows:
PO Box 18000
firstname.lastname@example.orgUpon receipt of the above information, ZPECoin will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.
You expressly agree that the Site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability. Use of the Site from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Site.
Please refer to the ZPECoin Hyperlinking Policy located at https://zpecoin.com/terms/ for information on linking to the Site.
8. DISCLAIMER OF WARRANTY
ZPECoin DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF the Site AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN the Site. the Site ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. ZPECoin DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH the Site IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify and hold harmless ZPECoin and its respective officers, directors, employees, agents, independent contractors or licensors (collectively the “ZPECoin Parties”) from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the ZPECoin Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Site and any material you access using the Site or by any other means; (ii) a third party’s use of such material that you access using the Site and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. ZPECoin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant ZPECoin Parties.
10. LIMITATION OF LIABILITY
Under no circumstances shall ZPECoin be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Site or the information contained in the Site; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the Site, even if advised of the possibility of such damages.
ZPECoin may immediately suspend access to the Site and remove and discard any Content you submitted to the Site for any reason if ZPECoin believes you have violated or acted inconsistently with the terms of this Agreement. Termination of your access to the Site may be effected without prior notice. ZPECoin will not be liable to you or any third-party for termination of your access to the Site.
Your use of the Site does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and ZPECoin. Use of the Site does not provide you with the authority to enter into any agreements for or on behalf of ZPECoin. Moreover, use of the Site does not grant you the authority, either express or implied, to incur obligations or liability on behalf of ZPECoin. By using the Site, you agree that no attempts to subject ZPECoin to any such obligations or liability will be made.
13. ACQUISITION TERMS
When you purchase or otherwise acquire a ZPEcoin token you accept and agree to the following terms and conditions and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you agree to acquire ZPEcoin (Ethereum) ERC20 tokens:
a) neither the Company (GAEA) nor any other ZPEcoin representative has provided you with any advice regarding whether ZPEcoin is a suitable acquisition for you;
b) you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, such as Bitcoin and Ether, as well as blockchain-based software systems and generally;
c) you are legally permitted to receive and hold and make use of ZPEcoin in your jurisdiction;
d) you will supply us with all information, documentation or copy documentation that we require in order to allow us to accept your purchase and allocate ZPEcoin to you;
e) you have supplied us with accurate an truthful information relating to your acquisition of ZPEcoin or otherwise which is inaccurate or misleading;
f) you will provide us with any additional information requested, which may be reasonably necessary for the company to fulfill our legal, regulatory and contractual obligations, including but not limited to anti-money laundering obligation;
g) you will notify us promptly of any change to the information supplied by you to us;
you are of a sufficient age (if an individual) to legally obtain ZPEcoin and you are not aware of any other legal reason to prevent you from obtaining or owning ZPEcoin;
h) you take sole responsibility for any restrictions and risks associated with receiving and holding ZPEcoin;
i) by acquiring ZPEcoin, you are not making a regulated investment as this term, even if the term may be interpreted otherwise by the regulator in your jurisdiction;
j) you are not obtaining or using ZPEcoin for any illegal purpose and will not use ZPEcoin for any illegal purpose;
k) you waive any right you may have or obtain to participate in a class action lawsuit or a class wide arbitration against any entity or individual involved with the sale of ZPEcoin;
l) your acquisition of ZPEcoin not involve your purchase or receipt of shares, ownership or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction;
m) to the extent permitted by law and provided we act in good faith, the Company makes no warranty whatsoever, either expressed or implied, regarding the future success of ZPEcoin and/or the Ethereum Network;
n) you accept that ZPEcoin is created and you obtain ZPEcoin on an “as is” and “under development” basis.
o) once purchased you accept that you have acquired an asset class and no special refunds or repurchase of ZPEcoin shall be accepted by the company unless it makes a standard offer available to all ZPEcoin owners.
p) by purchasing ZPEcoin you acknowledge that it has no intrinsic value other than the value placed on it by the cryptocurrency open-exchange market or by an individual purchaser.
Therefore, the Company having acted in good faith, you accept that the Company is providing ZPEcoin without providing any warranty in relation to ZPEcoin, including, but not limited to, title, merchantability or fitness for a particular purpose; and you accept that you bear sole responsibility for determining if (i) the acquisition, the allocation, use or ownership of ZPEcoin (ii) the potential appreciation or depreciation in the value of ZPEcoin over time, if any, (iii) the sale and purchase of ZPEcoin; and/or (iv) any other action or transaction related to ZPEcoin has tax implications in the United States and may have tax implications in any other country.
Failure by ZPECoin to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
15. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A., without regard to its conflict of laws rules. You agree that you will notify ZPECoin in writing of any claim or dispute concerning or relating to your use of the Site and give ZPECoin a reasonable period of time to address it before bringing any legal action, either individually or as a class member against ZPECoin. You agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of Baltimore, Maryland, U.S.A.
16. OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with ZPECoin. If any such agreements conflict with the terms of the instant Agreement, the other agreements shall control.
17. ADDITIONAL TERMS
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
ZPECoin (the company) reserves the right to modify this Agreement and its Websites at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that ZPECoin will not be liable to you or any third party for any modifications.
20. SECTION HEADINGS
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.