CrimePredictor.com Terms of Use
Last Updated: December 14th, 2024
IMPORTANT NOTICE: PLEASE READ THIS FIRST
CrimePredictor.com is an experiment in blockchain-based freedom of
speech. This platform consists entirely of code interacting
with a public blockchain — nothing more than electrons traveling through
circuits and cryptographic signatures propagating across a decentralized
network.
BY USING THIS SITE, YOU ACKNOWLEDGE AND ACCEPT THAT:
- This is purely a study of electron travel and cryptographic consensus
mechanisms - You should expect absolutely nothing from us — no support, no
guarantees, no warranties, no promises - We provide code, not services; information, not advice; software, not
solutions - You are entirely responsible for your own actions, decisions, and their
consequences - If you have any expectations whatsoever from CrimePredictor.com or its
operators, leave now - We owe you nothing and you are owed nothing
- This platform exists as an expression of free speech through code. What
you do with it is your business, your responsibility, and your risk.
Introduction
These Terms of Use provide the terms and conditions under which you,
whether personally or on behalf of an entity (“you” or “your”), are
permitted to use, interact with or otherwise access the Interfaces or
Features provided by CrimePredictor.com (“the Company,” “we,” “us,” or
“our”). These Terms of Use, together with any documents and additional
terms or policies that are appended hereto or that expressly incorporate
these Terms of Use by reference as well as our Privacy Policy
(collectively, the “Terms”), constitute a binding agreement between you
and us.
These Terms are applicable to (i) all content, informational
functionality, and information features (the “Content Features”)
available on CrimePredictor.com (the “Site”) and any other site to which
the Terms are posted (each, as applicable, an “Interface”) and (ii)
software, including but not limited to the blockchain-based, smart
contract protocol (the “Protocol”) known as CrimePredictor (hereinafter,
the “Platform”), that may be available to users by connecting their
self-hosted wallets via an Interface, including but not limited to the
Site (the “Technology Features” and together with the Content Features,
the “Features”).
The Site primarily functions to provide the Content Features — that is,
news and information about global current events. If you are in a
Restricted Jurisdiction (as defined below), you are only permitted to use
the Content Features on the Site or any other Interface and may not use
the Site or any other Interface for any other purpose and you may not
access the Technology Features, including and in particular the Platform.
NOTICE: PLEASE REVIEW THE TERMS CAREFULLY. BY ACCESSING, INTERACTING WITH
OR USING THE SITE OR ANY OTHER INTERFACE (INCLUDING BY LINKING YOUR
WALLET, OR OTHERWISE CREATING AN IDENTIFIER ON THE SITE), ANY INTERFACE
OR ANY FEATURE, YOU AGREE THAT YOU ARE ABLE TO ENTER INTO A BINDING
AGREEMENT AND, AS SUCH, HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY
THE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT
AUTHORIZED TO INTERACT WITH, ACCESS OR USE ANY INTERFACE OR FEATURE.
USE OF THE SITE, PLATFORM OR TECHNOLOGY FEATURES FOR TRADING IS NOT
PERMITTED BY PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE
INCORPORATED IN, HAVE A REGISTERED OFFICE IN, OR HAVE THEIR PRINCIPAL
PLACE OF BUSINESS IN THE UNITED STATES OF AMERICA, UNITED KINGDOM,
FRANCE, ONTARIO, SINGAPORE, POLAND, THAILAND, AUSTRALIA, BELGIUM, TAIWAN,
OR ANY OTHER RESTRICTED TERRITORY AS DEFINED BELOW (ANY SUCH PERSON OR
ENTITY FROM THESE JURISDICTIONS, A “RESTRICTED PERSON”). ADDITIONALLY,
USE OF THE SITE, PLATFORM OR TECHNOLOGY FEATURES FOR TRADING IS NOT
PERMITTED BY PERSONS OR ENTITIES (I) ON BEHALF OF ANY RESTRICTED
PERSON(S) OR (II) DIRECTED, COORDINATED OR CONTROLLED BY ANY RESTRICTED
PERSON (ANY SUCH PERSON OR ENTITY ALSO SHALL BE CONSIDERED A RESTRICTED
PERSON).
THERE ARE NO EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN
DO NOT ATTEMPT TO USE THE SITE, PLATFORM OR ANY OF THE TECHNOLOGY
FEATURES TO TRADE. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY
SIMILAR TOOL TO ATTEMPT TO OR TO CIRCUMVENT THE RESTRICTIONS SET FORTH
HEREIN IS STRICTLY PROHIBITED.
The Site and Features
Description of the Site and Features
The Site contains different functionality – one part provides information
about global news and events (the “Information Site”), while another
part contains a feature that allows users to send messages to the
PulseChain blockchain network in an entirely self-directed manner in
order to engage in trades for certain event-based contracts (the
“Contracts”).
The Company does not operate a cryptoasset or derivatives exchange
platform or offer trade execution or clearing services and, therefore,
has no control concerning your transactions using the Features.
The pricing information provided on the Site relating to Contracts does
not represent an offer, a solicitation of an offer, or any advice
regarding, or recommendation to enter into, a transaction with the
Company.
Even when the Site appears to be dynamic (e.g., updating or providing new
displays when you – on your own accord – provide certain information),
at no time is the Company taking action directed by you or on your
behalf. In addition, if you click the “Connect Wallet” feature on the
Site such that your self-hosted cryptocurrency wallet (“Wallet”) is able
to provide information to be transmitted to a blockchain network or other
blockchain-based application, you should note that the Company (i) is
not involved in providing or transmitting any such information to
networks, (ii) cannot transmit any information to networks or otherwise
assist in any transaction, (iii) never has access to and cannot control
or provide guarantees relating to your Wallet and (iv) has no authority
over and does not take possession or custody of your cryptoassets at any
time, except as otherwise discussed herein. This also means that the
Company is unable to assist with transactions: please be vigilant in
interacting with any immutable blockchain technology. Further, the
Company does not own or control any of the deployed Contracts, the
underlying software through which blockchain networks are formed or the
Protocol is deployed. In general, the software underlying blockchain
networks, including the PulseChain network, is open source, such that
anyone can use, copy, modify, and distribute it.
You are solely responsible for familiarizing yourself with your Wallet
and its safety and security features, including any private keys and
passwords associated therewith. We will not and cannot access your
private key, password, or any cryptoassets held within your Wallet nor
can it reverse any transactions you initiate with your Wallet (or
otherwise). We cannot be responsible or liable in any way for how you use
your Wallet.
You should also familiarize yourself with the risks associated with
transacting on blockchain networks, including but not limited to smart
contract vulnerabilities, front end vulnerabilities, hacks, phishing
attacks, social engineering attacks, cryptoasset volatility and
transaction irreversibility.
The Company does not own or control the Protocol or the PulseChain
blockchain network on which the Protocol has been deployed. The Company
is not responsible for the operation of the underlying PulseChain
blockchain network, and the Company makes no guarantee of the network’s
functionality, security, or availability. The Company has no ability in
any way to control, maintain, provide, operate, or improve the blockchain
network underlying the Protocol nor the activity or data thereon. The
Company is not responsible for the activities of persons or entities who
develop or use applications or who validate or verify transactions or
other operations related to blockchain networks operated by third
parties. The Company cannot control how blockchain networks operated by
third parties market their blockchain networks and users should not
assume any blockchain networks operated by third parties are affiliated
with the Company. All transactions broadcast to the applicable blockchain
network via your Wallet may require the payment of non-refundable
network transaction fees, which shall be borne entirely by you.
We do not effectuate, facilitate or control any transactions initiated
via the Platform, and the Company will not be responsible for the result
of any transactions, including but not limited to failed, inadvertent, or
fraudulent transactions that may result in loss of funds or transaction
fees or any other loss or harm to you.
Your Acknowledgement Relating to the Site and Information on the Site
You hereby acknowledge and agree that all information provided as part of
the Content Features in connection with your access and use of the Site
is intended for informational purposes only. The Site strives to provide
accurate information, but there is no guarantee or warranty that the
information is updated, complete, or timely. For this reason, you
acknowledge and agree that you are not relying on any of the information
on the Site or any other Interface for any purpose and expressly (i)
disclaim any reliance on any information on the Site or within the
Features, and (ii) acknowledge that the Company will not be liable for
any such information provided.
From time to time the Site, any other Interface or the Features may be
inaccessible or inoperable for any reason, including, without limitation:
(A) equipment malfunctions; (B) periodic maintenance procedures or
repairs that the Company or any of its suppliers or contractors may
undertake from time to time; (C) causes beyond the Company’s control or
that the Company could not reasonably foresee; (D) disruptions and
temporary or permanent unavailability of underlying blockchain
infrastructure; or (E) unavailability of third-party service providers or
external partners for any reason.
You should take all steps to independently verify any information on the
Site and any Interface on which you intend to rely and should not take
action based solely on any information contained on any Interfaces,
including blog posts, data, articles, links to third-party content,
social media content (including Discord, Lens, Farcaster or X), news
feeds, tutorials and videos.
None of the information provided on the Site, any other Interface, or
through the Features should be construed as professional or investment
advice, and the Company does not owe any duties and does not have any
obligations to you based on the information provided on the Site, any
other Interface, or through the Features. You acknowledge and agree that
all information provided in connection with your access and use of the
Site, any other Interface, and the Features is for informational purposes
only and should not be construed as professional advice. You should not
take, or refrain from taking, any action based on any information
contained on the Site or any other Interface, or any other information
that we make available at any time, including, without limitation, blog
posts, articles, links to third-party content, discord content, news
feeds, tutorials, social media content, and videos. Before you make any
financial, legal, or other decisions involving the Features, you should
seek independent professional advice from an individual who is licensed
and qualified in the area for which such advice would be appropriate. The
Terms are not intended to, and do not, create or impose any fiduciary
duties on us. You further agree that the only duties and obligations that
we owe you are those set out expressly in these Terms.
None of the information provided on the Site, any other Interface, or
through any of the Features shall be interpreted as an invitation or
inducement to (i) exercise any rights to acquire, dispose of, underwrite,
or convert any cryptoassets or digital assets or (ii) buy, sell, or
induce a user to buy or sell any cryptoassets or digital assets.
The Company is not acting as an investment adviser, trading, tax, legal
or other adviser to any person or entity.
Modifications
To The Terms
We reserve the right, in our sole discretion, to modify the Terms at any
time or from time to time. The modified Terms will be posted on the Site
and any other Interface and will provide the last updated date at the
top. Any modified Terms will become effective upon posting. By continuing
to access, use or otherwise interact with any Interface or Feature after
the effective date of any modification to the Terms, you are providing
your explicit agreement to be bound by the Terms as modified. If you do
not agree to be bound by any updated Terms, you are prohibited from
using, accessing, or otherwise interacting with the Interfaces or
Features. It is your responsibility to check any Interface you use
regularly for modifications to the Terms.
To the Site, any other Interface, or the Features
We reserve the right, in our sole discretion, to modify, substitute,
eliminate, restrict access to, or add to the Site, any other Interface,
or any Feature at any time and from time to time, with or without notice
to you, including deleting or otherwise materially modifying content and
information.
We may, at our sole discretion, from time to time and with or without
prior notice to you, modify, suspend or disable (temporarily or
permanently) the Site, any other Interface, or the Features, in whole or
in part, for any reason whatsoever, including, without limitation, to
only allow open contracts to be closed. Upon termination of your access,
your right to use the Site, any other Interface, or the Features will
immediately cease. We will not be liable for any losses suffered by you
resulting from any modification to any Site, any other Interface, or
Features or from any modification, suspension, or termination, for any
reason, of your access to all or any portion of the Site, any other
Interface, or the Features. The Site, any other Interface, and the
Features may evolve, which means the Company may apply changes, replace,
or discontinue (temporarily or permanently) the Site, any other
Interface, or the Features at any time in its sole discretion.
The following sections of these Terms will survive any termination of
your access to the Site, any other Interface, or the Features, regardless
of the reasons for its expiration or termination, in addition to any
other provision which by law or by its nature should survive: Sections 5,
7-10.
Your Responsibilities, Representations & Prohibited Conduct
Your Representations
As a condition to accessing or using the Site or the Features, you
represent and warrant to the Company the following:
Of Age and Legal Authority. The Site, any other Interface, and Features
are intended only for users who are 18 years of age or older. If you are
entering into the Terms on behalf of an entity, such as the company you
work for, you represent to us that you have the legal authority to bind
such an entity. If you do not meet these requirements, you are prohibited
from accessing, using or otherwise interacting with the Site, any other
Interface, or Features.
Sanctions. You represent and warrant that you are not, and for the
duration of the time you use the Site, any other Interface, and Features,
will not be (i) the subject of economic or trade sanctions administered
or enforced by any governmental authority or otherwise designated on any
list of prohibited or restricted parties; (ii) in contravention of any
laws and regulations pertaining to anti-money laundering or terrorist
financing; (iii) included on the List of Specially Designated Nationals
and Blocked Persons maintained by the US Treasury Department’s Office of
Foreign Assets Control (OFAC) or on any list pursuant to European Union
(EU) and/or United Kingdom (UK) regulations (as the latter are extended
to Panama by statutory instrument); or (iv) operationally based or
domiciled in a country or territory in which sanctions imposed by the
United Nations (whether through the Security Council or otherwise), OFAC,
the EU and/or the UK apply, or otherwise pursuant to sanctions imposed
by the United Nations, OFAC, EU, or UK. If at any point the above is no
longer true, then you must immediately cease using the Site, any other
Interface, and Features.
Restricted Jurisdictions. You acknowledge and agree that you are not
permitted to access, use or trade with the Contracts on the Platform if
you are residing in, a citizen of, organized in or located in the
following jurisdictions (collectively, the “Restricted Jurisdictions”): a
jurisdiction or territory that is the subject of comprehensive
country-wide, territory-wide, or regional economic sanctions by the
United States, including but not limited to Iran, Syria, Cuba, North
Korea, and the Crimea, Donetsk and Luhansk regions of Ukraine; the United
States, United Kingdom, France, Ontario, Singapore, Poland, Thailand, or
Taiwan.
Wallet Configuration. You represent and warrant that you – and only you –
are responsible for properly configuring, as applicable, and using the
Site, any other Interface, or the Features or incorporating the Features
into your applications or Wallet and for taking appropriate action to
secure your data, including without limitation, financial or token
information and private keys.
No VPN To Circumvent or Attempt to Circumvent. You do not, and will not,
use VPN software or any other privacy or anonymization tools or
techniques to circumvent, or attempt to circumvent, any restrictions that
apply to the Site, any other Interface, or the Features.
Sophistication. You represent and warrant that you possess sufficient
knowledge, market sophistication, professional advice, experience and
skills to engage with the Site, any other Interface, and the Features,
including the Platform if you are permitted to use it, and that you have
the requisite understanding of blockchain technology, cryptoassets and
cryptography to be able to engage with the Features.
Applicable Law. Your access to the Site, any other Interface, and
Features is not (i) prohibited by and does not otherwise violate or
assist you to violate any domestic or foreign law, rule, statute,
regulation, by-law, order, protocol, code, decree, or another directive,
requirement, or guideline, published or in force that applies to or is
otherwise intended to govern or regulate any person, property,
transaction, activity, event or other matter, including any rule, order,
judgment, directive or other requirement or guideline issued by any
domestic or foreign federal, provincial or state, municipal, local or
other governmental, regulatory, judicial or administrative authority
having jurisdiction over the Company, you, the Site, any other Interface,
or the Features, or as otherwise duly enacted, enforceable by law, the
common law or equity (collectively, “Applicable Laws”); or (ii)
contribute to or facilitate any illegal activity. You represent and
warrant that you will comply with all Applicable Laws, and you will not
use the Site, any other Interface, or the Features if the laws of your
country, or any Applicable Law, prohibit you from doing so.
Financial Risks. Use of the Features, in particular entering into
Contracts on the Platform, may carry financial risk. You acknowledge and
understand that Contracts are inherently risky by their nature and
participation in Contracts could result in the loss of the full amount
supplied. Contracts such as the Contracts available on the Platform are
highly experimental, risky, and volatile. Transactions entered into in
connection with the Contracts are irreversible, final and there are no
refunds. You acknowledge and agree that you will access and use the Site,
any other Interface, and the Features, including the Contracts and the
Platform, at your own risk. The risk of loss in transacting in
cryptoassets using Contracts can be substantial. You should, therefore,
carefully consider whether such transactions are suitable for you in
light of your circumstances and financial resources. Further, such risks
and adverse outcomes may be exacerbated when leverage and/or derivative
products are used and we may, at any time and in our sole discretion,
elect to suspend or terminate our support of any or all supported
Contracts. BY USING THE PLATFORM TO TRADE AND ENTER INTO CONTRACTS, YOU
CAN LOSE UP TO THE ENTIRE AMOUNT OF THE CRYPTOASSETS SUPPLIED TO THE
CONTRACT.
Contract Resolution. You acknowledge and understand that the Company is
not involved in nor responsible for the resolution of any Contracts
displayed on the Platform. You further acknowledge and understand that
all Contracts displayed on the Platform are resolved by the Freedom
Oracle, a smart contract based oracle in accordance with a Contract’s
pre-defined rules. You acknowledge and agree that the Company is not
responsible for any disputes related to the resolution of any Contracts.
Your Responsibilities & Prohibited Conduct
You agree to access, use or otherwise interact with the Site, any other
Interface, and Features only in an authorized, proper and appropriate
manner and in accordance with these Terms and with all applicable laws.
You agree that you will not:
- Violate any applicable laws or regulations through your access to or
use of the Site, any other Interface, or the Features; - Violate the Terms;
- Engage in any activity that violates Applicable Law;
- Exploit the Site, any other Interface, or Features for any unauthorized
purpose; - Circumvent or attempt to circumvent any content-filtering techniques,
security measures or access controls that the Company employs on the
Site, including, without limitation, through the use of a VPN or similar
measures; - Provide false, inaccurate, or misleading information while using the
Site, any other Interface, or the Features or engage in activity that
operates to defraud the Company, other users of the Features, or any
other person; - Harvest or otherwise collect information from the Site, any other
Interface, or the Features for any unauthorized purpose; - Engage in activity that violates any Applicable Laws, rule, or
regulation concerning the integrity of the Site, any other Interface, and
the Features, including (but not limited to): (i) any fraudulent act or
scheme to defraud, deceive, trick or mislead; (ii) front-running; (iii)
fraudulent trading; (iv) fictitious transactions; (v) pre-arranged or
non-competitive transactions; (vi) cornering, or attempted cornering;
(vii) violations of bids or offers; (viii) wash trading (e.g., placing or
accepting buy and sell orders in the same contract, where you know or
reasonably should know that the purpose of the orders is to avoid taking
a bona fide market position exposed to market risk); (ix) manipulation;
(x) spoofing (i.e., placing buy or sell orders without a bona fide intent
to transact and with the intent to cancel before execution); (xi)
knowingly making any bid or offer for the purpose of making a market
price that does not reflect the true state of the market; or (xii) any
other trading activity that, in the reasonable judgment of the Company,
is abusive, improper or disruptive; - Use the Site, any other Interface, or Features in any manner that could
disable, overburden, damage, or impair the Site, any other Interface, or
Features or interfere with any other party’s use or enjoyment of the
Site, any other Interface, or Features; - Use the Site, any other Interface, or the Features, in any way that is,
in our sole discretion, libelous, defamatory, profane, obscene,
pornographic, sexually explicit, indecent, lewd, vulgar, suggestive,
harassing, stalking, hateful, threatening, offensive, discriminatory,
bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise
objectionable or likely or intended to incite, threaten, facilitate,
promote, or encourage hate, racial intolerance, or violent acts against
others; - Use the Site, any other Interface, or the Features for or on behalf of
any person residing in a jurisdiction that we have, in our sole
discretion, determined is a jurisdiction where the use of the Site, any
other Interface, or the Features is prohibited, including all Restricted
Jurisdictions; - Reverse engineer, disassemble, or decompile the Interfaces or Features
or apply any other process or procedure to derive the source code of any
software included in the Interfaces or Features except to the extent
applicable law does not allow this restriction or such rights have been
expressly granted to you under a separate license; - Sublicense, sell, or otherwise distribute the Interfaces or Features,
or any portion thereof; - Use any data mining tools, robots, crawlers, or similar data gathering
and extraction tools to scrape or otherwise remove data from the Site,
any other Interface, or Features; - Use any manual process to monitor or copy any of the material on the
Site, any other Interface, or Features or for any other unauthorized
purpose without our prior written consent; - Introduce any viruses, trojan horses, worms, logic bombs, or other
material which is malicious or technologically harmful to the Site, any
other Interface, or Features; - Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of the Site, any other Interface, or Features, the
server(s) on which the Site, any other Interface, or Features are stored,
or any server, computer or database connected to the Site, any other
Interface, or Features; or - Attack the Site, any other Interface, or Features via a
denial-of-service attack or a distributed denial-of-service attack or
otherwise attempt to interfere with the proper working of the Site, any
other Interface, or Features. You acknowledge and agree that in the event that you use the Site, any
other Interface, or Feature in a potentially prohibited manner, we may
investigate and we reserve the right, in our sole discretion, to (i)
terminate your access to the Site, any other Interface, and/or Features,
(ii) prohibit you from participating in any reward or incentive programs
or product launches and (iii) take any other action the Company deems
reasonable or necessary, including cooperating with law enforcement or
bringing claims against you if they result in harm or damage to the
Company, to rectify the prohibited conduct or any consequences resulting
therefrom. You hereby acknowledge and agree that using the Site, any
other Interface, and/or Features may result in tax consequences. It is
your sole responsibility to determine whether there are any tax
consequences from any transactions you initiate using the Site, any other
Interface, or Features, and you are solely responsible for ensuring
compliance with applicable tax laws in your tax resident jurisdiction. Additional Information The Company or a third party acting on behalf of the Company may, from
time to time, request additional information from you, including, but not
limited to, information to confirm that you are not a Restricted Person.
If you do not provide such information within the time period set by the
Company or if the Company determines, in its sole discretion, that such
information is not adequate, the Company may, in its sole discretion, (i)
terminate your access to the Site, any other Interface, and/or Features,
(ii) prohibit you from participating in any reward or incentive programs
or product launches and (iii) take any other action the Company deems
reasonable or necessary in its sole discretion. Your Feedback You may provide feedback to us or otherwise submit questions and
inquiries through some of the Interfaces (“Feedback”). We welcome
Feedback relating to improvements or updates to the Interfaces or
Features, or inquiries about the same. We will try to review your
Feedback but are not obligated to do so nor are we obligated to release
any modifications or improvements you submit to us based on your
Feedback. You acknowledge and agree that we will own all right, title, and interest
in and to all Feedback you submit. You represent and warrant that (i)
you and your licensors own all right, title, and interest in and to your
Feedback; and (ii) you will not violate any intellectual property or
other rights of third parties in providing Feedback to us. Intellectual Property Rights Ownership & License The Company or its licensors own all right, title, and interest,
including all intellectual property rights, in and to the Site, any other
Interface, and Features, including any related content and technology,
unless otherwise indicated. Subject to the Terms, the Company hereby
grants you a personal, limited, revocable, non-exclusive,
non-sublicensable, non-transferable license to use, copy, and distribute
in connection with such use the Site, any other Interface, and Features.
This license is solely intended to allow you to access, use or otherwise
interact with the Site, any other Interface, and Features. You acknowledge and agree that you do not receive any other rights to the
Site, any other Interface, or Features other than those specified in the
Terms. Certain Features may be provided to you under a separate license,
such as the AGPL 3.0, the MIT License, or another open source (or other)
license; third party features or applications integrated into the Site
or Features may be subject to other or additional intellectual property
licenses and thus, you must review any terms relevant to those third
party features or applications to determine the relevant license
applicable thereto. You agree you will not violate the terms of any such
separate license. Reciprocal License By using the Site, any other Interface, or any Feature, you grant us a
limited, non-exclusive, sublicensable, worldwide, royalty free license to
use, copy, modify and display any content or Feedback you provide to us
or that you post on or through the Site, any other Interface, or any
Features solely for our business purposes, including but not limited to
the purpose of providing the Site, any other Interface, or Features for
so long as is necessary to do so. By providing any Feedback or providing any information on or through the
Site, any other Interface, or via the Features (collectively, the
“Content”), you hereby grant to us a royalty-free, fully paid-up,
sublicensable, transferable, perpetual, irrevocable, non-exclusive,
worldwide license to use, copy, modify, create derivative works of,
display, perform, publish and distribute, in any form, medium, or manner,
any Content, including, without limitation, for promoting the Platform,
its affiliates, the Features, the Site or any other Interface. You
represent and warrant that (a) you own your Content or have the right to
grant the rights and licenses in these Terms; and (b) your Content and
our use of your Content, as licensed herein, does not and will not
violate, misappropriate or infringe on any third party’s rights. Third Party Information or Services As discussed throughout the Terms, the Site, any other Interface, and
Features may be integrated with or otherwise give access to applications,
services, sites, technology, data, operations, features and resources
that are provided or otherwise made available by third parties (“Third
Party Services”). If the Site, any other Interface, or Features may contain links to Third
Party Services, then they are provided for your convenience only. We have
no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access a Third Party Service
integrated with or linked to any Interface or Feature, you do so entirely
at your own risk and subject to the terms and conditions of use for such
websites. We reserve the right to withdraw linking permission without
notice. As further noted throughout these Terms, your access and use of Third
Party Services may be subject to additional terms and conditions, privacy
policies, or other agreements with those third parties, which we do not
control and otherwise may have no relationship with. The Company also has
no control over and is not responsible for such Third Party Services,
including for the accuracy, availability, reliability, verification, or
completeness of information or content shared by or available through
Third Party Services, or the privacy practices of Third Party Services. Your use of any Third Party Services is directly between you and that
third party, and you acknowledge and agree that we will not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any Third Party Services. You, and not we, will be
responsible for any and all costs and charges associated with your use of
any Third Party Services. You acknowledge and agree that the Company is not responsible for the
availability of such external sites, applications or resources, and does
not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Company shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods, or services available on or through
any such site or resource. Please review any applicable terms, privacy policies or agreements of
Third Party Services prior to using such services. The integration or
inclusion of such Third Party Services does not imply an endorsement or
recommendation of such Third Party Services. Indemnification You agree to defend, indemnify, and hold harmless us and our licensors,
and each of their respective employees, officers, directors, and
representatives (collectively, the “Company Parties”) from and against
all liability for monetary damages, contractual claims of any nature,
economic loss (including direct, incidental or consequential damages),
loss of income or profits, fines, penalties, exemplary or punitive
damages, and any other injury, damage, or harm, including reasonable
attorney’s fees (“Damages”) that relate in any way to any demand, claim,
regulatory action, proceeding or lawsuit, regardless of the cause or
alleged cause, whether the allegations are groundless, fraudulent, false,
or lack merit and regardless of the theory of recovery (“Claim(s)”)
arising out of or relating to: (i) your use of the Interfaces or Features
(including any use by your customers, users, employees, and other
personnel); (ii) breach of the Terms or violation of applicable law by
you, your customers, users, employees and other personnel; (iii) a
dispute between you and any third party; (iv) your alleged or actual
infringement or misappropriation of any third party’s intellectual
property or other rights; and (v) your Feedback. In the event we receive
any third party subpoena or other compulsory legal order or process
associated with Claims described in (i) through (v) above, then in
addition to the indemnification set forth above, you will reimburse us
for our employees’ and contractors’ time and materials spent responding
to such matters at our then-current hourly rates as well as our
reasonable attorneys’ fees. If you are obligated to indemnify us, then you agree that we will have
the right, in our sole discretion, to control any action or proceeding
and to determine whether we wish to settle, and if so, on what terms, and
you agree to fully cooperate with us in the defense or settlement of
such Claim. Disclaimers and Limitations of Liability Site, Interfaces and Features By accessing the Site, any other Interface, or Features, you hereby
acknowledge and agree that the Company cannot and does not guarantee the
functionality, security, or availability of the Site, any other
Interface, or Features. The technologies on which the Site, any other
Interface, or Features rely may be subject to sudden changes and we
cannot and do not guarantee that your access to the Site, any other
Interface, or Features or the ability to transact thereon will be
uninterrupted or error free or that your cryptoassets will be secure at
all times. You assume all risks related thereto. No Representations or Warranties THE SITE, ANY OTHER INTERFACE, AND FEATURES ARE PROVIDED “AS IS.” EXCEPT
TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS
APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, NEITHER WE NOR ANY
OTHER RELATED PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE INTERFACES
OR FEATURES, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES,
INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (i) OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR QUIET ENJOYMENT, (ii) ARISING OUT OF ANY COURSE OF DEALING OR USAGE
OR TRADE, (iii) THAT THE SITE, ANY OTHER INTERFACE, OR FEATURES WILL BE
ACCURATE, UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND
(iv) THAT ANY CONTENT OR ASSETS WILL BE SECURE OR NOT OTHERWISE LOST OR
ALTERED. Limitations of Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF
ITS SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING
DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS OR USERS, OPPORTUNITIES,
GOODWILL, USE, DATA, CONTENT OR OTHER ASSETS), EVEN IF THE COMPANY OR
SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION,
REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (i) YOUR INABILITY
TO USE, OR ANY DELAY IN THE USE OF, THE INTERFACES OR FEATURES, INCLUDING
AS A RESULT OF ANY (A) TERMINATION OF THE TERMS OR YOUR USE OF OR ACCESS
TO THE INTERFACES OR FEATURES, (B) OUR SUSPENSION OR DISCONTINUATION OF
ANY OR ALL OF THE INTERFACES OR FEATURES, OR, (C) ANY UNANTICIPATED OR
UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SITE, ANY INTERFACES OR
FEATURES FOR ANY REASON; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; (iii) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU
IN CONNECTION WITH THE TERMS OR YOUR USE OF OR ACCESS TO THE INTERFACES
OR FEATURES; (iv) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE
DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA;
(v) ANY CHANGE IN VALUE OF ANY CRYPTOASSET; OR (vi) ANY DAMAGE, LOSS, OR
INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS
OR USE OF THE INTERFACES OR FEATURES. IN ANY CASE, THE COMPANY’S
AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100. Governing Law, Dispute Resolution and Class Action Waiver Governing Law These Terms and any action related thereto will be governed by the Panama
Arbitration Law and the laws of Panama, without regard to its conflict
of laws provisions. Except as otherwise expressly set forth in Section 14
“Dispute Resolution and Arbitration,” the exclusive jurisdiction for all
Disputes that you and the Company are not required to arbitrate will be
the courts located in Panama, and you and the Company each waive any
objection to jurisdiction and venue in such courts. Dispute Resolution Prior to commencing any legal proceeding against us of any kind,
including an arbitration, you and we agree that we will attempt to
resolve any Claim by engaging in good faith negotiations. Such
negotiations require that the aggrieved party provide a written notice to
the other party specifying the nature and details of the dispute (the
“Initial Notice”). The party receiving such notice shall have twenty days
to respond, and within forty-five days after the Initial Notice was
sent, the parties shall meet and confer in good faith to try and resolve
the Claim. If the parties are unable to do so within ninety days of the
Initial Notice, the parties may agree to mediate their dispute or either
party may submit to arbitration according to these Terms. Mandatory Arbitration Any dispute, claim or controversy arising out of or relating to the
Terms, Interfaces or Features, or the breach, termination, enforcement,
interpretation or validity of the Terms, including the determination of
the scope or applicability of this agreement to arbitrate, will be
determined by arbitration in Panama before one arbitrator. This clause
will not preclude parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction. You and we agree that the arbitrator shall have exclusive authority to
decide all issues relating to the interpretation, applicability,
enforceability and scope of this arbitration agreement. Except as otherwise provided in these Terms, the arbitrator shall
determine all issues of liability on the merits of any claim asserted by
either party and may award declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party’s individual claim. To the
extent that you or we prevail on a claim and seek public injunctive
relief (that is, injunctive relief that has the primary purpose and
effect of prohibiting unlawful acts that threaten future injury to the
public), the entitlement to and extent of such relief must be litigated
in a civil court of competent jurisdiction and not in arbitration. The
parties agree that litigation of any issues of public injunctive relief
shall be stayed pending the outcome of the merits of any individual
claims in arbitration. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, THE PARTIES ARE EACH
WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR
CLASS ARBITRATION. Class Action / Representative Claim Waiver Any arbitration under the Terms will take place on an individual basis –
class arbitrations and class actions are not permitted. To the fullest extent permitted by applicable law, you agree that any
proceeding to resolve any dispute, claim or controversy will be brought
and conducted only in your individual capacity and not as a party
(plaintiff or otherwise) or member of any class (or purported class),
consolidated proceeding, multi-plaintiff proceeding or representative
action or proceeding. Any arbitration will not be permitted to be consolidated or aggregated
with any other arbitration and the arbitrator will not have any authority
to do so and will not have the authority to make an award to any person
or entity not a part of the individual arbitration in which you are a
party. You further agree that any arbitrator may not preside over any
form of class action involving you and us. General Terms Entire Agreement The Terms, including any policies that expressly incorporate the Terms by
reference, constitute the entire agreement between you and us regarding
the subject matter herein. The Terms supersede all prior or
contemporaneous representations, understandings, agreements, or
communications between you and us, if any, whether written or verbal,
regarding the subject matter of the Terms. No Relationships or Assignments Nothing in the Terms shall be construed to create any relationship
between you and us other than as defined herein. Neither you nor we are
an agent of each other under these Terms or otherwise, and you shall have
no right to hold yourself out as in any way having a relationship with
us other than as someone using, accessing or otherwise interfacing with
the Interface and/or Features. You agree that you are not permitted to assign or otherwise transfer any
of your rights and obligations under the Terms, but the Company may
assign or transfer the Terms, in whole or in part, without restriction.
Any assignment or transfer in violation of this Section will be void.
Subject to the foregoing, the Terms will be binding upon, and inure to
the benefit of, the parties and their respective permitted successors and
assigns. Waiver The failure by us to enforce any provision of the Terms will not
constitute a present or future waiver of such provision nor limit our
right to enforce such provision at a later time. All waivers by us must
be in writing to be effective. Severability If any portion of the Terms are held to be invalid or unenforceable, the
remaining portions of the Terms will remain in full force and effect. Any
invalid or unenforceable portions will be interpreted to effectuate the
intent of the original portion. If such construction is not possible, the
invalid or unenforceable portion will be severed from the Terms but the
rest of the Terms will remain in full force and effect. Remedies Any right or remedy of the Company set forth in these Terms is in
addition to, and not in lieu of, any other right or remedy whether
described in these Terms, under Applicable Law, at law, or in equity. The
failure or delay of the Company in exercising or enforcing any right,
power, or privilege under these Terms shall not operate as a waiver
thereof. Contact Us You may also contact us with questions, complaints, or claims concerning
the Features at hello@crimepredictor.com.