SmartAtlas Service Agreement
Last revision: March 01, 2017
By accessing or using the SmartAtlas website located at https://smartatlas.io/ (the “Site”) and any services made available through the Site (collectively, the “Services”), you (“User”) agree to be bound by these Terms of Use (“Terms”). The Services are owned and controlled by SmartAtlas, and the terms “we,” “us,” and “our” refer to SmartAtlas. These Terms affect your legal rights and obligations. If you do not agree to be bound by these Terms, do not access or use the Services.
SmartAtlas reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Site, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the “Last Revised” date at the top of the Terms, or by emailing users at their provided email addresses, or by any other means as determined by SmartAtlas. The decision of which notification chosen will be left to SmartAtlas’s sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that SmartAtlas transmits the information to the users (e.g. via email). These changes will apply at that instant to all then current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.
PREAMBLE
SmartAtlas provides an online tool (the “Platform”) that allows users to freely trade a portfolio of 5 virtual currencies called CRYPTO5.
1. ELIGIBILITY
By accessing or using the Site, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site. You also represent and warrant that you are not a resident of the State of New York. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a “Specially Designated National”, or (c) placed on the Commerce Department’s Denied Persons List. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using this site for any illegal activity, including but not limited to money laundering and the financing of terrorism.
2. REGISTRATION AND ACCOUNT
In order to access and use the Services, you must create an account with SmartAtlas (an “Account”). You agree to: (a) provide accurate, current and complete information when creating the account; (b) maintain and promptly update your Account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify SmartAtlas if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
3. PRIVACY POLICY
Your privacy is important to us. We only share your information with third parties as outlined in our Privacy Policy or required to do so by law enforcement, court order, or in compliance with legal reporting obligations.
4. CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, SmartAtlas does not assume any liability, without limitation, for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Platform or e-mail with SmartAtlas containing your personal information. While SmartAtlas will take commercially reasonable efforts to safeguard the privacy of the information you provide to SmartAtlas and will treat such information in accordance with SmartAtlas’s Privacy Policy, in no event will the information you provide to SmartAtlas be deemed to be confidential, create any fiduciary obligations for SmartAtlas, or result in any liability for SmartAtlas in the event that such information is negligently released by SmartAtlas or accessed by third parties without SmartAtlas’s consent.
5. SMARTATLAS DOES NOT TAKE ANY LIABILITY FOR GIVEN INVESTING ADVICE
We are an execution-only service coupled with educational information written by SmartAtlas’s researchers. In entering into any transaction on the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction. We give you no warranty as to the suitability of the CRYPTO5 traded under these Terms and assume no fiduciary duty in our relations with you.
If at any point SmartAtlas or its representatives provide trading recommendations, market commentary, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of SmartAtlas or its representatives. We give no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction.
6. LIMITED LICENSE
SmartAtlas grants you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Services, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for information, transactional, or other approved purposes as permitted by SmartAtlas from time to time. Any other use of the Services or Content is expressly prohibited. All other rights in the Platform or Content are reserved by us and our licensors. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without the prior written permission of SmartAtlas. If you violate any portion of these Terms, your permission to access and use the Platform may be terminated pursuant to these Terms. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “SmartAtlas.com”, “SmartAtlas”, and all logos related to the Services or displayed on the Site are either trademarks or registered marks of SmartAtlas or its licensor. You may not copy, imitate or use them without SmartAtlas’s prior written consent.
7. COPYRIGHT INFRINGEMENT
If you believe anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
SmartAtlas Ltd. s.r.o.
Adresa sídla: Chudenická 1059/30, 102 00, Praha 10 – Hostivar
Identifikaèní : 21766401
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
8. 51% AND OTHER CRYPTOCURRENCY ATTACKS
SmartAtlas makes every commercially reasonable attempt to help prevent and mitigate cryptocurrency attacks. If SmartAtlas is able to confirm that a cryptocurrency active on the Platform has been compromised or is under attack, SmartAtlas may immediately halt trading, deposits, and withdrawals for such cryptocurrency. If it is determined that such an attack caused the cryptocurrency to greatly decrease in value, SmartAtlas may discontinue trade activity on such cryptocurrency entirely. Resolutions concerning deposits, withdrawals, and user balances for an attacked cryptocurrency will be determined on a case-by-case basis. SmartAtlas makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, whether or not SmartAtlas was negligent in providing the proper security.
9. (AML) Anti-Money Laundering & (KYC) Know Your Customer Policy
SmartAtlas protects itself from involvement in any activity that facilitates money laundering or other criminal activities as outlined in our AML & KYC Policy.
10. THIRD PARTY CONTENT
SmartAtlas and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by SmartAtlas (collectively the “Third Party Content”) as a service to those interested in this information. SmartAtlas does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that SmartAtlas is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings, correspondence or promotions, are solely between you and such third party.
11. SERVICE INTERRUPTIONS AND CHANGES
SmartAtlas does not guarantee uninterrupted, error-free operation of the Site or Services. We reserve the right to suspend or discontinue all or part of the Services at any time without notice, for any reason. SmartAtlas may also change or remove features, content or functionality at any time without notice. SmartAtlas is not responsible for any losses caused by service interruptions or changes.
12. TERMINATION
SmartAtlas reserves the right to terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason including but not limited to violation of these Terms. Upon termination, all rights granted to you under these Terms will cease. You agree to immediately cease all use of the Services and destroy all copies of materials obtained through the Services.
13. DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMARTATLAS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SMARTATLAS DISCLAIMS ALL LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL SMARTATLAS, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF SMARTATLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. INDEMNIFICATION
You agree to indemnify and hold harmless SmartAtlas, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
16. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any disputes arising out of or related to these Terms or the use of the Services will be governed by the laws of Lithuania without regard to conflict of laws principles. Any dispute shall be resolved exclusively by the competent courts located in Vilnius, Lithuania.
17. ENTIRE AGREEMENT
These Terms, along with the Privacy Policy and any other legal notices published by SmartAtlas on the Site, constitute the entire agreement between you and SmartAtlas concerning the use of the Services, superseding any prior agreements between you and SmartAtlas.
18. FORCE MAJEURE
SmartAtlas shall not be liable or responsible for delays or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, strikes or shortages of transportation, energy or raw materials.
19. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without SmartAtlas’s prior written consent. SmartAtlas may assign or transfer these Terms or its rights and obligations without restriction.
20. SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
21. NO WAIVER
No failure or delay by SmartAtlas to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy.
22. CONTACT INFORMATION
For questions about these Terms, please contact us at support@smartatlas.io
23. ELECTRONIC COMMUNICATIONS
By using the Services, you consent to receiving electronic communications from SmartAtlas. These communications may include notices about your Account and information concerning or related to the Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements.
24. FEES AND PAYMENT
SmartAtlas may charge fees for certain Services, as detailed on the Site. You agree to pay all fees and applicable taxes associated with your use of the Services in a timely manner.
25. USER CONDUCT
You agree not to use the Services to: (a) upload or transmit viruses, malware, or other harmful code; (b) interfere with or disrupt the Services; (c) engage in fraudulent or deceptive activities; or (d) violate any applicable laws or regulations.
26. THIRD-PARTY INTEGRATIONS
The Services may include integrations with third-party services or software. Your use of such third-party services is governed by their own terms and policies.
27. MISCELLANEOUS
These Terms do not create any agency, partnership, joint venture, or employment relationship between you and SmartAtlas.