Last Updated: 20/09/2018
Ctmedia.io (the “Website”, “We”, “Us”, “Our”) and its related services are provided to users (“you”, "user"). You acknowledge that any use of the Website and any use of our Services are subject to these Terms of Services (the “Terms”).
We provide a possibility for users to place an advertisement (including without limitation advertising banners) at cointelegraph.com and another internet websites (the "Services").
Our software is licensed to you without charge on the basis of a personal, non-exclusive, royalty-free, non-transferable, worldwide license, for the purpose indicated herein.
We reserve the right to change these Terms at any time, in our sole discretion. Any such changes in respect of your use of the Services will take effect when posted on the Website.
1.1. The Website offers a platform for users to buy advertisement and advertising campaigns for the needs of each particular user.
1.2. With the help of our Website user can buy and place an advertisement (including without limitation advertising banners) at cointelegraph.com and other internet websites.
1.3. User can use the full functionality of our Website only after registration and creation of an account. When you register on our Website and create an account you shall understand, agree and warrant, that:
1.3(a) You are solely responsible for ensuring the accuracy of all information you provide while accessing the Services.
1.3(b) You agree to be solely responsible for ensuring and maintaining the secrecy and security of your account password and take all measures to prevent unauthorized access. You agree not to disclose your password to any third party and you will be solely responsible for any use of or action taken through the use of such password. You further agree that you will not allow third parties to perform any action under your account.
1.3(c) If your account has been compromised or is being used in an unauthorized manner, you must immediately notify us. You should regularly log into your account and review the details of your deposit and transactions to ensure that there has not been an unauthorized transaction or other error.
1.4. To be able to order the standard advertising campaign user shall transfer crypto assets to its account. We are working exclusively with such crypto assets, that can only be transmitted by means of block-chain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange.
1.5. In case the user decides to customize details of the advertising campaign including but not limited to placing an advertisement in cointelegraph.com, choosing or downloading advertising banners, decide the duration of the advertising campaign etc., the user shall transfer additional crypto assets to its account.
2.1. By using the Website, you represent, warrant and certify that:
2.1(a) You are of legal age to agree to these Terms, according to Your local law.
2.1(b) The laws of your state of residence do not impose any restrictions related to our services to the residents of your state;
2.1(c) All information you submit to us or in connection with the Services is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
2.1(d) You agree to be contacted via e-mail by the Website, and by third parties if relevant, regarding our services;
2.1(e) By using the Services, you are granting the Website permission to access your account and those messages, data, information, text, graphics, audio, video or other material that are posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.
3.1. You are prohibited from using the Services in any manner not expressly permitted under this Terms or provided on our Website. Without limiting the generality of the foregoing, and for illustration purposes only, you are not permitted to:
3.1(a) Access to the Services, or any portions of the Services, for which you are not authorized by us.
3.1(b) Advertise anything illegal, engage in any illegal, deceptive or fraudulent business practice, or take any other
action that could result in claims, fees, fines, penalties or other liability to us or any of our affiliated subsidiaries, or to you.
3.1(c) Advertise any materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
3.1(d) Spread, or facilitate the spread of, any viruses, worms or other malicious computer programs that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
3.1(e) Infringe upon our or any other person's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
3.1(f) Use any robot, spider, other computer program, or manual process, to monitor or copy the Services, or any portion of the Services.
3.2. YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
4.1. While using our Website, you may view links to websites operated by various third parties. We are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such websites. The inclusion of a link to the Website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
5.1. No Control Over Block-Chains and Crypto Assets. You accept and acknowledge that there are risks associated with block-chain technology, such as the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. What is more not every state accept crypto assets as a means of payment. You acknowledge and accept that the Website is not responsible for any harm occurring as a result of such risks and you shall be confident, that you can use crypto assets as a means of payment.
5.2. No Control Over Your Own Actions. We will not be responsible or liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from your personal errors, misbehavior and/or any activities such as forgotten passwords, providing incorrect details of the advertising campaign and any others.
5.3. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that the Website is not responsible for the content of your advertisements distribute via the Services.
5.4. Relationships. Nothing in The Terms shall be deemed to create any partnership, joint venture, agency, franchise or sales representative relationship between You and Us.
5.5. Taxes. You agree that we are not responsible for determining whether taxes apply to your using of our Services or for collecting, reporting, withholding or remitting any taxes, and does not act as your tax agent.
6. LIMITATION OF LIABILITY
6.1. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IN CONNECTION WITH THOSE TERMS, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6.2. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED TO THE GREATER OF THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO US DURING THE MOST RECENT THREE MONTH. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE TERMS.
6.3. You will indemnify and hold the Website, its creators, authors, employees and owners harmless from and against all and any claims, actions, demands, costs, expenses and damages arising from or related to (a) your breach of the Terms; and (b) third party claims arising from or related to your acts, omissions or transactions.
8.1. You agree to the terms and conditions described in this Terms. We retain authority over the launch, maintenance, and closing of the Service.
8.2. Without prejudice to any other rights, if a user breaches in whole or in part any provision hereof, we reserve the right to restrict user's access to the account (as well as close the Account); terminate this Terms or any other agreement in place with the User and/or take legal action against such User. The use of any of the above measures shall not constitute a waiver of any other remedies.
9.1. You and We shall strive to settle all disputes and disagreements between us arising from or in connection with this Terms by the complaint procedure.
9.2. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will receive your complaint if you contact us via [email protected]. The notice shall be written in English. We will strive to respond you within (thirty) 30 business days of our receipt of your complaint. All unsettled disputes arising out of connection or in connection with this Terms, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the competent court.
9.3. Any dispute between the parties will be governed by these Terms and the law of the Republic of Seychelles.
9.4. When the dispute is heard in court, you waive the right to commence against Us a class action or representative action or proceeding or participate in such.
10.1. If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be substituted by the similar, most possible and will not affect the validity and enforceability of any remaining provisions.
11.1. These Terms constitute the entire agreement between you and us. These Terms supersede all prior communications, contracts, or agreements between you and us with respect to the subject matter addressed in these Terms, whether oral or written.
12.1. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
13.1. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.