TERMS AND CONDITIONS
Welcome to Cryptassign!
These are the terms and conditions for:
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Cryptassign accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICE OR INFORMATION FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This Agreement sets forth legally binding terms for your use of Cryptassign. By using Cryptassign, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse Cryptassign platform) or you are a “User” (which means that you have registered on Cryptassign as a Seller or Buyer). If you do not accept the terms of this Agreement, you should leave Cryptassign platforms and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Cryptassign. You agree to be bound by any modification to this Agreement when you use Cryptassign after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Cryptassign may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the platform is revoked in such jurisdictions.
You may use the platform and services only if you can form a binding contract with Cryptassign, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this platform and platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
The platform and services may not be available to any users previously removed by Cryptassign. By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
3. THE SERVICES
Cryptassign is a technology marketplace where Buyers and Sellers can identify each other and buy and sell cryptocurrency and NFT related services and products. Subject to the terms of this agreement, Cryptassign provides services to Buyers and Sellers, including hosting and maintaining the platform, and enabling the formation of contracts. When a Buyer and a Seller enter into a contract, the Buyer and Seller use the platform to engage, communicate, invoice and pay online.
Unless otherwise agreed by Cryptassign in a separate written agreement with you, the platform is made available solely for your personal, noncommercial use. Cryptassign does not itself provide the Seller services. The provision of all Seller services is up to the Sellers. Cryptassign platform, offers information and a method to obtain such Seller services, but does not and does not intend to provide such services, and has no responsibility or liability for any service and/or work product provided to you by Sellers, including, but not limited to, a warranty of fitness for a particular purpose or compliance with any law, regulation, or code. Cryptassign is not affiliated with, endorsed or sponsored by any third-party provider.
Sellers: Seller users access the Cryptassign platform in order to register as users and publish offers of services and products related to cryptocurrencies and NFTs. If you wish to register as a Seller user, you must read this agreement and indicate your acceptance during the registration process. Cryptassign reserves the right to make any necessary verifications during the registration process. Buyers wishing to register as a Seller with Cryptassign must provide a valid ID and a valid phone number for the purpose of verifying their identity. Validation of the user’s identity document is necessary and mandatory.
In consideration of your use of the platform, you represent that you are of legal age to form a binding contract under the laws of any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Cryptassign (b) provide accurate, current and complete information about your professional skills and abilities and the services you offer on the platform (c) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cryptassign reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time.
Buyers: A Buyer is a person who accesses the Cryptassign platform to search and purchase the offers of services and products related to cryptocurrencies and NFTs published by Seller users. If you wish to become a Buyer, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service as a Buyer, you represent that you are of legal age to form a binding contract under the laws of any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Cryptassign and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cryptassign reserves the right to suspend or terminate your account and refuse any and all current or future use of the platform at any time.
C. How it works?
1. Post your service: Post a service offering that matches your competencies. Be as specific as possible so that your customers know exactly what they are getting for the money they pay.
2. Communicate promptly: Respond to customer inquiries, as well as requests for customized quotes, within a reasonable time frame. Good communication is a prerequisite for successful service delivery.
3. Build your reputation: Make sure you treat all your customers equally and try to provide the best possible service, regardless of the value of the transaction. Satisfied customers will recommend you to their friends and acquaintances.
4. Receive payment for your services: Once you complete the work and services and the buyer is satisfied with your work and services, Cryptassign will release the funds paid by the Buyer for such services and the funds will be credited to your account and available for withdrawal.
1. Find the service you need: compare services, prices, delivery times and recommendations from the community to find the Seller that best suits your needs. If you have a specific question, you can simply send a query to the Seller through the chat available on the platform.
2. Provide your information: Be as detailed as possible so that the Seller can offer you the quality service you expect.
3. Schedule and purchase the service: Schedule the corresponding service with the Seller and make the payment through the payment system available on the platform. Your payment will remain secure until you confirm that the service has been provided or performed to your satisfaction.
4. Manage the transaction: Exchange files and comments with the Seller through the chat and transaction system built into the platform. The Seller will perform or deliver the service within a specified time frame.
5. Approve the service delivered: Once you are satisfied with the service performed, you can mark the transaction as complete, and we will ensure that the Seller receives payment. Help the community by rating the service and leaving a comment for the Seller.
Upon the Buyer purchases a service offered by the Seller, the Buyer and the Seller will be deemed to have entered into a contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services.
You are solely responsible for ensuring that you comply with your obligations to Sellers. If you do not, you may become liable to such Seller. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer, or in any other uses you make of the Cryptassign services.
If a Seller breaches any obligation to you, or causes any damages to you or your property or rights, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a Buyer Contract or for any damages to your person, property or rights caused by Seller.
Depending on their jurisdiction, Buyers and Sellers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in these Terms is intended to override a right that by applicable law may not be excluded.
Each Buyer and Seller acknowledges and agrees that the relationship between such Buyer and any Seller is that of an independent contractor. Nothing in these terms creates a partnership, joint venture, agency or employment relationship between any Buyer and any Seller. Nothing in these Terms shall in any way be construed as forming a joint venture, partnership or a Buyer-employee relationship between Cryptassign and any Buyer or Seller.
E. Buyer Deliverables
Buyer grants Seller a limited, non-exclusive, revocable right (at any time, at Buyer’s discretion) to use Buyer’s content and information as necessary for the provision of the services. Buyer reserves all other rights and interests, including, without limitation, all proprietary rights, in and to Buyer’s content. Upon completion or termination of the services agreement, or upon Buyer’s written request, Seller shall promptly return all Buyer content and agrees to delete all copies of Buyer’s information and content and work product located on Seller’s premises, on Seller’s systems or on any other equipment under Seller’s control.
F. Work Product
Any copyrightable works or works for hire prepared by Seller in connection with a fixed-price contract for Buyer shall be owned by the Seller until payment has been made by the Buyer and accepted by the Seller.
To the extent that under applicable law, proprietary rights cannot be assigned, Seller hereby irrevocably agrees to grant, and hereby grants, to Buyer an exclusive (excluding also Seller), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize work product in any manner now known or in the future discovered. To the extent such license grant is not fully valid, effective or enforceable under applicable law, Seller hereby irrevocably agrees to grant, and hereby grants, to Buyer, such rights as Buyer reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Buyer will be able to acquire, perfect and use such proprietary rights, Seller will: (i) transfer possession, ownership, and title to media, models, and other tangible objects containing Work Product to Buyer; (ii) sign any documents at Buyer’s request to assist Buyer in the documentation, perfection and enforcement of its rights; and (iii) provide Buyer with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such proprietary rights. Seller also irrevocably authorizes Buyer to act and sign on Seller’s behalf and take any necessary steps in order to perfect Buyer’s rights under this Agreement. In the case that under applicable law, Seller retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights” or other inalienable rights to work product or confidential information under this agreement, Seller irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Seller cannot waive such rights, Seller agrees not to exercise such rights, until Seller has provided prior written notice to Buyer and then only in accordance with any reasonable instructions that Buyer issues in the interest of protecting its rights.
Seller shall ensure that no work product created or delivered by Seller includes any pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Seller or a third party including, without limitation, code written by proprietary software companies or developers in the open source community without obtaining the prior written consent of the Buyer to the inclusion of such pre-existing IP in the work product. Seller acknowledges that, without limiting any other remedies, Seller shall not be entitled to payment for, and shall refund any payments to Seller for, any services performed on a contract if the work product contains any pre-existing IP that was not approved in accordance with this section.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Cryptassign content and platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Cryptassign content and the services, except as expressly permitted by Cryptassign; (iii) decompile, reverse engineer or disassemble the Cryptassign platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Cryptassign platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Cryptassign platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Cryptassign platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Cryptassign platform or its related systems or networks.
H. Third Party Services and Content.
The Cryptassign platform and all rights therein are and shall remain Cryptassign platform and all rights therein are and shall remain Cryptassign property. Neither these Terms nor your use of the Cryptassign convey or grant to you any rights: (i) in or related to the Cryptassign except for the limited license granted above; or (ii) to use or reference in any manner Cryptassign’s company names, logos, product and service names, trademarks or services marks or those of Cryptassign’s licensors.
Neither these terms nor your use of the Cryptassign platform convey or grant to you any rights: (i) in or related to the Cryptassign except for the limited license granted above; or (ii) to use or reference in any manner Cryptassign’s company names, logos, product and service names, trademarks or services marks or those of Cryptassign’s licensors.
4. YOUR USE OF THE SERVICES
In order to use most aspects of the Cryptassign platform, you must register for and maintain an active personal user services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account. Account registration requires you to submit to Cryptassign certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Cryptassign platform. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Cryptassign in writing, you may only possess one account. Seller profiles must accurately represent the Seller’s experience, skills, and personal information.
By providing Cryptassign with your email address and phone number, you agree that we may use your email address and phone number (SMS messages) to send you communications, news and special content. We may also use your email address and phone number to send you notifications, push notifications, SMS notifications and other messages, such as changes to service features, news and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request via contact information or by using the “unsubscribe” option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special offers on our products.
B. Buyer Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive or provide Seller Services unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Cryptassign services (including, without limitation, all applicable labor laws), and you may only use the Cryptassign services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Cryptassign services cause nuisance, annoyance, inconvenience, or property damage, whether to the Seller or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Cryptassign services, and you agree that you may be denied access to or use of the Cryptassign platform if you refuse to provide proof of identity.
C. Acceptable Use
During the term of this Agreement, you may use the Cryptassign platform solely for your personal use (or for the use of a person, including a company or other organization that you validly represent). You may use the Cryptassign services to book Seller Services only with respect to a location where you are legally authorized to receive Seller Services or to provide Seller Services. You may not use the Cryptassign Services for any other purpose or in connection with any commercial endeavor without our prior written consent. You may not use the Cryptassign platform in violation of any law, statute, ordinance or regulation. You agree that an order for Services from Sellers is an offer, which is only accepted when you receive an order confirmation. You agree to treat Sellers courteously and lawfully, and to provide reasonable cooperation to Sellers to enable them to provide the Services. The Sellers undertake to provide the Services offered, upon acceptance of the order, with quality and professionalism, and to provide such Services in a courteous and lawful manner and to the best of their ability, and to accept the order only if the Seller is qualified and capable of providing such Services.
The Cryptassign platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Community Areas”) that allow you to communicate with other users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. You shall NOT use the Cryptassign platform (including but not limited to any Community Areas) to do any of the following: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Cryptassign staff.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Use the Cryptassign platform or any Seller Services for any purpose or in any manner that is in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
- Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Advertise or offer to sell any goods or services for any commercial purpose through the Cryptassign platform which are not relevant to the services offered through the Cryptassign platform.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or a user or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly. Spamming is strictly prohibited.
- Download any file posted by another user that a user knows, or reasonably should know, cannot be legally distributed through the Cryptassign services.
- Restrict or inhibit any other user from using and enjoying the Community Areas.
- Imply or state that any statements you make are endorsed by Cryptassign, without the prior written consent of Cryptassign.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Cryptassign platform in any manner.
- Hack or interfere with the Cryptassign platform, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the Cryptassign platform for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Cryptassign.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
- Use the Cryptassign platform to solicit for any other business, platform or service, or otherwise contact users for employment, contracting or any purpose not related to use of the Cryptassign platform as set forth herein.
- Use the Cryptassign platform to collect usernames and or/email addresses of users by electronic or other means.
- Register under different usernames or identities, after your account has been suspended or terminated.
You understand that all submissions made to Community Areas will be public and that you will be publicly identified by your name or login identification when communicating in community areas, and Cryptassign will not be responsible for the action of any users with respect to any information or materials posted in community areas.
D. Buyer or Seller Provided Content
Cryptassign may, in Cryptassign’s sole discretion, permit you (whether Buyers or Sellers) from time to time to submit, upload, publish or otherwise make available to Cryptassign through the Cryptassign platform, textual, audio, and/or visual content and information, including commentary and feedback related to the Cryptassign, initiation of support requests, and submission of entries for competitions and promotions (“Content”). Any Content provided by you remains your property. However, by providing Content to Cryptassign, you grant Cryptassign a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform such Content in all formats and distribution channels now known or hereafter devised for the purpose of providing services through the Cryptassign platform or otherwise in connection with Cryptassign’s business; provided that Cryptassign will try to notify you if it uses your Content for any reason other than displaying it on the Cryptassign platform.
E. Feedback System
The platform will have a rating system, where users will be able to rate each other once the service is finished and register their comments when making and completing each transaction within the platform. The opinions of Buyers and Sellers are the sole responsibility of the Buyers themselves. Connection Concierge does not control or modify the comments made by Buyers or Sellers or the ratings made by them at the end of each transaction. Buyers are solely responsible for the content and comments they post on the platform.
5. PAYMENTS, PAYOUTS AND COMMISSIONS
Buyers understand that use of the Cryptassign platform may result in charges to you for services you receive from a Seller. After a Buyer has received services, Cryptassign will facilitate your payment of the applicable charges on behalf of the Seller, as such Seller’s limited collection agent. Payment of charges in this manner shall be deemed the same as payment made directly by the Buyer to the Seller. Charges shall include applicable taxes where required by law. Charges paid by Buyer are final and non-refundable, unless otherwise determined by Cryptassign in its sole discretion. Both Buyer and Seller reserve the right to request a modification of the charges for services or goods received by Buyer from such Seller, and such modified charges for a particular service or good shall become the new charges if such modification is agreed to by Buyer and Seller.
All charges are due immediately and payment will be facilitated by Cryptassign using the preferred payment method designated in Buyer’s account, after which Cryptassign will send Buyer a receipt by email. If Buyer’s primary account payment method is determined to be expired, invalid or otherwise not able to be charged, Buyer agrees that Cryptassign may, as the Seller’s limited payment collection agent, use a secondary payment method in Buyer’s account, if available. Subject to Cryptassign’ rights under these terms, Cryptassign will generally require payment from a Buyer prior to the performance of the applicable Seller services and will remit payment to Seller after Buyer has confirmed that the Seller services have been performed; provided that, notwithstanding anything to the contrary in these terms, Cryptassign shall in no event be responsible for any nonpayment or late payments by Buyers.
Cryptassign reserves the right to withhold payment made by Buyers until the services offered and provided by Seller are satisfactorily received. Once the services are received and completed by the Seller and the Buyer is satisfied with the services and considers the order completed, Cryptassign will release the funds paid by the Buyer for such service and the funds will be credited to the respective Seller’s account.
A. Payment methods
Users will be able to receive and make payments in cryptocurrency and fiat money through the following payment processors:
Payment for the corresponding service will be charged to your virtual wallet in the case of cryptocurrency transactions or debited from the user’s PayPal account, in the case of fiat money transactions, after placing the order for the corresponding product or service. Once the transaction is processed, we will send an electronic receipt to the Buyer’s email address.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your payment is declined, you must use an alternative payment method where the payment can be charged and processed.
B. Payouts and Commissions: Sellers shall pay a commission of (insert commission percentage) to Cryptassign from the total amount paid by Buyers for each service purchased and scheduled through the platform. Payment from Sellers will be made through the payment processors available on the platform, into the respective Seller’s account. Payments shall have a processing time of 3 business days from the time the purchasing Buyer makes the payment for the service through the platform. From each payment made for each service performed by the Sellers, the (insert commission percentage) corresponding to the commission will be deducted and the remaining amount will be credited to the respective Seller through the payment method selected by the same Seller during registration, within a maximum of 3 business days. The value of the commission will be deducted from each payment made by the Buyers before any deduction for applicable fees or taxes. Tips sent by Buyers to Sellers will also be discounted the value corresponding to the Cryptassign commission. The remaining amount will be credited to the Seller’s account.
6. COPYRIGHT AND CONFIDENTIALITY
All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Cryptassign or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Cryptassign prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Cryptassign or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
B. Copyright infringement
Cryptassign will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Cryptassign respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that Cryptassign can find it on the platform. Note that providing a top-level URL is not sufficient.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.
Upon receipt of a copyright infringement request, Cryptassign will contact the allegedly infringing user to enable the user to respond to the request.
Responses to copyright infringement requests must contain the following:
- The physical or electronic signature of the user;
- The identification of the content that has been removed or the place where the content was posted;
- A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
- The name, address and telephone number of the user; and
- A statement that the user consents to the jurisdiction of the court in which the user is located.
All copyright infringement requests and responses may be submitted through our contact information.
C. Confidential Information
You acknowledge that confidential information (as hereinafter defined) is a valuable, special and unique asset of Cryptassign and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of confidential information. You shall promptly notify Cryptassign in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of confidential information. You shall use best efforts to protect confidential information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing confidential information to Cryptassign upon termination of this Agreement for any reason whatsoever. The term “confidential information” shall mean any and all of Cryptassign’s trade secrets, confidential and proprietary information and all other information and data of Cryptassign that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
7. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Cryptassign platform (including without limitation, Seller services) (“Cryptassign services”) are provided “as is” and without any warranty of any kind from Cryptassign or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). The Cryptassign services are provided on an “as is” and “as available” basis. Use of the Cryptassign services is at the user’s own risk. To the maximum extent permitted by applicable law, the Cryptassign services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Cryptassign and its licensors do not warrant that the content is accurate, reliable or correct; that the services will meet user’s requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Cryptassign does not guarantee the quality, suitability, safety or ability of sellers. Users agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with user, to the maximum extent permitted under applicable law. You agree to not hold Cryptassign responsible for your actions or omissions or the actions or omissions of any client or seller.
B. Limitation of Liability
Cryptassign shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Cryptassign has been advised of the possibility of such damages. Cryptassign shall not be liable for any damages, liability or losses arising out of: (i) your provision of or use of or reliance on the Cryptassign services or your inability to access or use the Cryptassign services; or (ii) any transaction or relationship between client and any seller, even if Cryptassign has been advised of the possibility of such damages. Cryptassign shall not be liable for delay or failure in performance resulting from causes beyond Cryptassign’ reasonable control. Buyers acknowledges that Sellers providing Seller services may not be professionally licensed or permitted. In no event shall Cryptassign ‘s total liability to you in connection with the services for all damages, losses and causes of action exceed the total fees paid by, or received by you to/from Cryptassign during the six (6) months prior to the time such claim arose.
Cryptassign’ services may be used by client to request and schedule services with Sellers, but you agree that Cryptassign has no responsibility or liability to you related to any goods or logistics services provided to client by Sellers or with respect to client’s use of the Seller services (including non-payment) other than as expressly set forth in these terms.
The limitations and disclaimer in this section, do not purport to limit liability or alter client’s rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold Cryptassign and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use of the Cryptassign platform or services or goods obtained or provided or sold through your use of the Cryptassign platform, including any data or content transmitted or received by you, or any other party’s access or use of the Cryptassign services with your username and password; (ii) your breach or violation of any of these Terms, applicable law, rule or regulation (including, without limitation, any tax or employment laws); (iii) Cryptassign’ use of your Content; or (iv) your violation of the rights of any third party, including Sellers and Buyers.
8. DISPUTES BETWEEN SELLERS AND BUYERS
Your interactions with organizations and/or individuals found on or through the Cryptassign platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Cryptassign shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between any Buyers and/or Sellers, or between Buyers and/or Sellers any third party, you agree that Cryptassign in its sole discretion may determine the amount of the charges and to whom to remit such charges, provided that Cryptassign is in no event under any obligation to become involved in any such dispute. In relation to disputes with any other Buyers or Sellers, you hereby agree to indemnify Cryptassign from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute or our determinations with respect thereto.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform shall be resolved by binding arbitration between you and Cryptassign, except that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute proceedings by sending us a communication through our contact information. Cryptassign may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of services posted and offered through the platform.
The courts of the United States, specifically the courts located in the State of (Insert State), shall have jurisdiction over any dispute, controversy or claim relating to Cryptassign and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (Insert State).
10. PERSONAL DATA
11. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Cryptassign for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Seller, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
A. Choice of Law
These terms and conditions are governed by the laws of the United States, without giving effect to any conflict of law principles. Use of Cryptassign platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
You may not assign these Terms without Cryptassign prior written approval. Cryptassign may assign these terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Cryptassign’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Cryptassign as a result of this agreement or use of the Cryptassign platform. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Cryptassign’s failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cryptassign in writing.
13. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:
(Insert contact information, email, phone, etc.)