These Terms and Conditions (“Terms”) constitute a binding and enforceable legal contract between Traderware Inc. and its affiliates (“Traderverse,” “we,” “us,” or the “Company”) and you, an end user of the services (“you” or “User”) at traderverse.io as may be further defined below (the “Services”). These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. By accessing, using or clicking on our website (and all related subdomains) and web and mobile applications (the “Website”) or accessing, using or attempting to use the Services, you agree that you have read, understood, and are bound by these Terms and that you shall comply with the requirements listed herein. If you do not agree to any of these Terms or comply with the requirements herein, please do not access or use the Website or the Services.
We reserve the right, in our sole discretion, to make changes or modifications to the Website and these Terms at any time and for any reason. You will be subject to, and will be deemed to have been made aware of and to have accepted, any such changes by your continued use of the Website.
The Website is intended for users who are of legal age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Website. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Additionally, you also represent and warrant that you are not a citizen or resident of a state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Website or the Services would be illegal or otherwise violate any applicable law. Specifically, you represent that you are not located in, organized in, or a resident of Cuba, Iran, Syria, North Korea, Russia, Crimea, Donetsk, Luhansk, Afghanistan, Balkans, Belarus, Burman, Central African Republic, Congo, Ethiopia, Hong Kong, Iraq, Libya, Lebanon, Nicaragua, Somalia, Sudan and Darfur, South Sudan, Ukraine, Venezuela, Yemen, Zimbabwe or any other jurisdiction where the applicable law prohibits you from accessing or using the Services; and you represent that you are not named in the Office of Foreign Asset Control of the U.S. Department of the Treasury’s Specially Designated and Blocked Persons List. By accessing or using the Website, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
You may use our Website only for lawful purposes. You may not use our Website for the following purposes:
Certain Services on the Website may require paid subscriptions. By subscribing to any paid tier of the Services, you agree to pay all applicable fees as described on the Website at the time of your subscription. Fees are non-refundable except as required by law or as explicitly stated in these Terms. Subscription fees will be billed automatically using the payment method you provide at the time of subscription. By providing payment information, you authorize us to charge such a payment method for all fees incurred. Subscriptions will automatically renew for successive periods unless canceled prior to the renewal date. You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing cycle. We reserve the right to change subscription fees upon notice before the beginning of a renewal term.
All User Contributions must comply with the Content Standards set forth in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and our Affiliates and assignees, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You further acknowledge, represent and warrant that:
When we consider that a User Contribution has breached our Content Standards, we may take such action as we deem appropriate. If you wish to submit a complaint relating to the content uploaded by other users, please contact us at info@traderverse.io
By posting User Contributions, you hereby release Traderverse and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Contributions.
This Website may include User Contributions and any other content, information and materials uploaded by other users of the Website, including the forums (the “User-Generated Content”). Unless otherwise expressly stated, any such User-Generated Content has not been verified or approved by Traderverse and the views or opinions expressed by other users on our Website do not represent our views or values. Whenever you make use of a feature that allows you to upload User-Generated Content to our Website, or to make contact with other users of our Website, you must comply with our Content Standards. You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any User-Generated Content you upload to our Website will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in User Contribution.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the company and its affiliates from any claims resulting from any action taken by the Company, during, or taken as a consequence of, investigations by either the company or law enforcement authorities.
Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the applicable jurisdiction, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The Website may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms no longer govern. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any losses or injury caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
This Website may contain “forward-looking statements.” These statements, identified by words such as “plan,” “anticipate,” “believe,” “estimate,” “should,” “expect,” “will,” “can,” and similar future-looking expressions include our expectations and objectives regarding our future operating results and business strategy. Forward-looking statements involve known and unknown risks, uncertainties, assumptions and other factors that may cause the actual results, performance or achievements of Traderverse and its affiliated entities or related projects to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Such factors include, among others, general business, economic, competitive, political and social uncertainties; dependence on commercial product interest; as well as regulatory or legal changes and uncertainty. Forward-looking statements are based on a number of material factors and assumptions, economic conditions in the near to medium future, the average cost of the Company’s offerings compared to traditional offerings, fluctuations or changes to the tax and other regulatory requirements in the relevant industry as a whole. While the Company considers these facts and assumptions to be reasonably based on information currently available to it, these assumptions may prove to be incorrect. Actual results may vary from such forward-looking information for a variety of reasons, including but not limited to risks and uncertainties known and unknown by the Company. Because forward-looking statements relate to the future, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. The Company’s actual results and conditions may differ materially from those indicated in the forward-looking statements. Therefore, you should not rely on any of these forward-looking statements.
Any information in this Website does not constitute an offer to sell or a solicitation of an offer to purchase securities, assets, including digital assets, or financial instruments by the Company, or to enter into a transaction involving any such security or financial instrument. Such an offer can only be done through a registered or licensed offering or subject to an exemption. The recipient should not rely upon anything within this information in making a decision to participate in the Company’s issuances or to utilize the Company’s technology. The Company is not required to update the information provided and the information is only current as of the date of its release and is subject to change over time. Any information provided in this Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All information provided by the Website or Services 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 in the Website or Services. Before you make any financial, legal, or other decisions involving the Website or Services, you should seek independent professional advice from an individual who is licensed and qualified in the area, subject matter and jurisdiction for which such advice would be appropriate. Traderverse is not your broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any decisions or activities that you have undertaken or will be undertaking when using the Website or the Services. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as advice.
Any financial information, market data, trading ideas, strategies, forecasts, or recommendations shared on the Website, whether by Traderverse or users, is for informational purposes only. Trading in financial instruments involves high risks, including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Trading decisions made by users are the sole responsibility of those users. Past performance is not indicative of future results. Users agree that Traderverse is not liable for any losses or damages resulting from reliance on information obtained through the Website. Users should verify all information independently and consult with qualified financial advisors before making investment decisions.
You agree to hold harmless, release, defend, and indemnify Traderverse and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Website; (b) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Website with your assistance or using any device or account that you own or control. You likewise expressly agree that you assume all risks in connection with your access and use or interaction with the Website, our Services, and/or the Traderverse applications, as applicable. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of or interaction with the Website, our Services, and/or the Traderverse.
Please read this section carefully: it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.
Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to these Terms, the Website, and the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. For any Dispute you have against Traderverse, you agree to first contact Traderverse and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Traderverse by email at info@traderverse.io. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. The party receiving such notice shall have thirty (30) days to respond to the notice. Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the dispute. If the parties are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below.
You and Traderverse agree that any Dispute arising out of or related to these Terms, including access and use of the Website and Services, are personal to you and Traderverse and that any Dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and we are each waiving the right to a trial by jury and to have any Dispute/s resolved in court. You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be in Delaware. The language of the arbitration shall be English. The arbitrator(s) shall have experience adjudicating matters involving internet technology, software applications, financial transactions and, ideally, blockchain technology. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Except as may be required by law, neither you nor we nor the arbitrator(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. All documents, testimony, and records shall be received, heard, and maintained by the arbitrators in confidence. By agreeing to this confidentiality provision, you and we understand that you are giving up your right to public proceedings. At the conclusion of the arbitration, all records, documents, and transcripts of the proceedings shall be kept in a secure location by the arbitrator(s) or their designee for a period of three (3) years, after which the records may be destroyed. Each party agrees to maintain the confidentiality of the arbitration, except as may be necessary in connection with a judicial challenge to the arbitration or confirmation of an arbitration award, or unless otherwise required by law or judicial decision.
You have the right to opt out of binding arbitration within fifteen (15) days after the expiry of the 90-day period for good faith negotiations and the parties are unable to resolve the Dispute by mailing an opt-out notice to info@traderverse.io. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve the Dispute in accordance with the provisions on governing law and venue provided in these Terms.
Under no circumstances shall Traderverse or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Website, nor will Traderverse be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or the information contained within it. Traderverse assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Website; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Website; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Website; and (g) the defamatory, offensive, or illegal conduct of any third party. Furthermore, Traderverse shall not be liable for any financial losses, trading decisions, investment outcomes, or opportunity costs incurred by you or any third party in connection with the use of the Website, including but not limited to losses resulting from reliance on information, data, or content from other users, integrated platforms, or Traderverse itself. Under no circumstances shall Traderverse or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Website, or USD$50.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any Services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it. Your use of the Website, its content, and any Services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the certain types of warranties or limitations on applicable statutory rights of a consumer. Some or all of the above exclusions and limitations may not apply to you. In such cases the exclusions and limitations set forth in this section shall be applied to the greatest extent possible under applicable law. Additionally, we specifically disclaim any warranties regarding the accuracy of financial information, trading data, market analysis, user credentials, performance metrics, or investment recommendations available through the Website. Any decisions you make based on information obtained through the Website are made at your own risk.
a. These Terms may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
b. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
c. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
By accessing or interacting with this Website, our Services, and/or any of the Traderverse applications, you hereby acknowledge and accept the foregoing obligations and conditions outlined in these Terms. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You agree we will not be liable for any revisions, modifications or suspension of the Website. By continuing to access or use our Service after those modifications and revisions become effective. You agree to be bound by the revised terms. Every time you wish to use our site, please check these Terms to ensure you understand the terms that apply at that time. If you do not agree to the new Terms, whole or in part, please stop using the Website.