CryptoMarketCap Terms of Service
Last Updated: September 30, 2022
By using the Services, you agree that you read, understand, and accept all the terms and conditions of this Agreement. If you do not agree to this Agreement, you may not use the Services.
“Account” means an account you create for your use of the Services, that you may access via login credentials.
“Use” means engaging in any following activities: accessing, viewing, browsing, processing, crawling or scraping the Services.
“User” means any person or entity who engages in any Use of our Services.
“Content” means any materials, information, content, cryptocurrency charts and exchanges, prices, exchange rates, text, historical information, projections, estimates, audio, visuals, analyses and other data provided through or displayed via the Services.
- No Investment or Financial Advice. The Services, and any information provided by CryptoMarketCap, is for general browsing purposes only. CryptoMarketCap is not, and should not be considered or viewed as, investment, financial, accounting, legal or tax advice. CryptoMarketCap.com is not acting, and cannot act, as your adviser as to any financial, legal, investment, accounting, insurance, or tax matter.
- Account is not FDIC Insured. You understand that CryptoMarketCap.com is not a bank and that your Account is not a checking or savings account. As such, your Account is not subject to protections or insurance by the Federal Deposit Insurance Corporation (“<b>FDIC</b>”).
- Acknowledgement of Risk. As with any asset or currency, the value of Digital Currency can increase or decrease. There can be substantial risk that you lose money buying, selling, holding, or investing in Digital Currency. Consult your own independent financial advisor, legal, or tax professional regarding your specific situation and financial condition.
- Not Registered with U.S. SEC. CryptoMarketCap is not registered with the U.S. Securities and Exchange Commission (“SEC”) and does not offer securities services in the United States or to U.S. persons.
- Not an Offer. The Content and information available on or through the Services is not an offer to sell or the solicitation of an offer to buy any security or cryptocurrency in any jurisdiction where such an offer or solicitation would be illegal. It does not constitute a recommendation to you or take into account the particular investment objectives, financial situation, or needs you may have. You should carefully consider such Content and information and whether it may be suitable for Your particular circumstances and, if appropriate, seek professional advice, including tax or legal advice.
- Prices may Fluctuate; Performance Not Guaranteed. The prices and value of cryptocurrencies and other investments referred to on or through the Services and the income from any such investments may fluctuate. Past performance is not a guide to future performance, future returns are not guaranteed, and a loss of all original capital may occur. Fluctuations in exchange rates could have adverse effects on the value or price of, or income derived from, certain investments.
- Special Risks. Certain transactions, including those involving futures, options, and other derivatives, give rise to substantial risk and are not suitable for all consumers.
- Our Positions. We and our affiliates may, from time to time, have positions in, and/or buy or sell, the cryptocurrencies, securities or derivatives, if any, referred to on the Services.
- No Endorsement. Any listing, reference, link, commercial, advertisement, or promotion of any coin, token, cryptocurrency, digital currency or other material or asset is not an endorsement thereof by us in any manner, including without limitation with respect to the fitness or viability thereof.
4. Account Creation
- Eligibility. You affirm that you are over the age of 18, as the Services are not intended for individuals under 18. If you are under 18 years of age, then please do not Use the Services. You further affirm that you have all necessary legal rights and capacity to enter into this Agreement. Users who are accessing the Services on behalf of a company, entity, or organization must be authorized representatives of such company, entity, or organization who meet the foregoing eligibility requirements. Authorized representatives agree to bind such company, entity, or organization to this Agreement and represent and warrant that they have the authority to do so.
- Jurisdiction. We do not make any representation or warranty that the Services may be lawfully accessed in any specific location. When You access the Services, You are solely responsible for compliance with the laws and regulations of Your jurisdiction.
- Access and Account Security. You remain responsible for keeping adequate security and control of your computer, device, and any login information, passwords or other credentials that you use to access the Services and Your Account. We are not liable for any loss, damages, liability, expenses or fees that you may incur resulting from someone else using your Account or login information, either with or without your knowledge or consent. You should only access our Services within a secure environment.
5. The Services
- Services Availability. CryptoMarketCap reserves the right to make updates, revisions, and modifications to the Services at any time, for any reason, at our discretion. The Services and any features and information therein may be discontinued or changed at any time without notice, accountability, or liability.
- Restrictions on Access. We reserve the right to use any means reasonably necessary to prevent unauthorized access to the Services. If we have reason to suspect
- that a User has violated the Agreement, we reserve the right to investigate any User involved, block the User from the Services, and/or inform law enforcement authorities.
- Restrictions on Use. You are granted permission to access and Use the Services for your own personal, browsing use only. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of the restrictions contained in this Agreement. This license may also be terminated by us at any time in accordance with Sections 5(b) and 7 of this Agreement. Upon the termination of this license or the Agreement, you must destroy any downloaded Content in your possession whether in electronic or printed format. You agree to comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations. You agree that you will NOT participate or engage in, nor encourage or aid others to participate or engage in, directly or indirectly, any of the following activities:
- Modify, reproduce or copy the Services or Content; attempt to decompile, disassemble, distribute, translate, adapt or reverse engineer any software, Content or elements contained in the Services or create any derivative works therefrom; remove any copyright or other proprietary notations from the Service; transfer the Content to another person or “mirror” the Content on any other server.
- Use the Services as a means to harass, or advocate the harassment of, another person or entity, or threaten, stalk, defraud, or interfere with another User`s use of the Services.
- Impersonate any person or organization, or provide false information at registration.
- Use the Services for commercial or promotional purposes, unless expressly allowed in advance and in writing by us.
- Use the Services to crack passwords or security encryption codes, disrupt, work around or interfere with security measures, or otherwise use the Services for any purpose that interferes with security or causes harm to the Services or Content.
- Use the Services or Content as a means of transmitting destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the proper working order of the Services, or perform any scraping, harvesting or data mining of the Services.
- Access, index, or retrieve Content or the purpose of populating another database through the use of any automated device, robot, spider, or site search/retrieval application.
- Gain unlicensed admission to the Services or any of its computer systems or networks connected thereto by means of hacking, password mining, or any other illegal or unethical means.
- Reformat or frame any part of the Services, or redistribute or use any part of the Services in any content aggregation.
- Impose a load that is unreasonable or too large on the Services’ infrastructure, or make unnecessary traffic demands.
- Intellectual Property (Copyright and Trademarks) The Services and its Content are our property and/or the property of our affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. We reserve all rights not expressly granted in and to the Services and the Content. You must abide by all applicable laws and regulations in relation to your Use of the Services.
- Feedback. If you provide us with any feedback, comments or suggestions regarding the Services (“Feedback”), you represent and warrant that: (a) you have the right to provide us with such Feedback, (b) such Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party. By sending us any Feedback, you further grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback without any compensation or other obligation to you.
You may close your Account and cease using the Services at any time.
CryptoMarketCap may terminate your use of the Services at any time without cause or prior notice. You remain solely liable for all obligations related to your Use, even after you have stopped using the Services. Sections 1, 2, 3, 4(a), 4(b), and 5 through 13 will survive termination or expiration of this Agreement.
8. Warranties, Disclaimers, and Limitations and Liability
- THE CONTENT AND THE SERVICES ARE FOR GENERAL BROWSING PURPOSES ONLY. CRYPTOMARKETCAP DOES NOT PROVIDE LEGAL, FINANCIAL, TRADING, TAX, OR OTHER ADVICE OF ANY KIND, INCLUIDNG WITHOUT LIMITATION WITH REGARDS TO CRYPTOCURRENCIES, DIGITAL CURRENCIES OR CRYPTOCURRENCY EXCHANGES. NO CONTENT, COMMUNICATION, OR INFORMATION AVAILABLE THROUGH THE CONTENT OR THE SERVICES IS INTENDED AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS.
- CRYPTOCURRENCIES AND DIGITAL CURRENCIES ARE AN EVOLVING TECHNOLOGY AND INDUSTRY. CRYPTOMARKETCAP DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, SECURITY, OR INTEGRITY OF THE CONTENT OR THE SERVICES. BY USING THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT CRYPTOMARKETCAP SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES RELATED TO THE SERVICES OR CONTENT.
- NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, ARE MADE BY US AS TO (1) THE SERVICES OR THEIR OPERATION OR FUNCTIONALITY, (2) THE SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY. SUITABILITY, RELIABILITY, RESULTS AND/OR ACCURACY OF ANY CONTENT, INFORMATION OR MATERIAL ON OR RELATED TO THE SERVICES, OR (3) ANY PRODUCTS OR SERVICES PROMOTED, DISTRIBUTED OR SOLD ON OR THROUGH THE SERVICES. THE SERVICES, AND ALL CONTENT THEREIN OR IN CONNECTION THEREWITH, ARE MADE AVAILABLE ON AN “AS IS” BASIS.
- WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE CONTENT, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ALTHOUGH THE INTENT IS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE CONTENT AND THE SERVICES AND ALL INFORMATION AVAILABLE IN CONNECTION THEREWITH MAY NOT ALWAYS BE ENTIRELY ACCURATE, COMPLETE OR CURRENT AND MAY ALSO INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ACCORDINGLY, YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT, IF AT ALL, AND ALL DECISIONS BASED ON INFORMATION CONTAINED ON THE WEBSITE ARE YOUR SOLE RESPONSIBILITY. WE SHALL HAVE NO LIABILITY FOR SUCH DECISIONS.
- IN NO EVENT SHALL WE OR OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY, “AFFILIATED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, CONTENT, THIS AGREEMENT, OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
- OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATED PARTIES) FOR ANY CLAIM RELATED TO THIS AGREEMENT, THE SERVICES AND THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF THE AMOUNTS PAID BY YOU TO US FOR USE OF THE SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CLAIM AROSE OR FIVE DOLLARS ($5.00) USD.
- THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- THE SERVICES ARE CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE D1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You will indemnify, defend and hold us and our employees, officers, directors, subsidiaries, affiliates, licensors, suppliers and agents, and the officers, employees, agents and representatives of each of them, harmless from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising from or related to: (i) your Use of the Services, and/or (ii) your violation of any of the terms and conditions in this Agreement. You may not settle any claim without our prior written consent.
10. Third Party Content and Terms
11. Waiver of Class Action Claims
You and us agree to bring any dispute against us or that is otherwise related to this Agreement or the Services or Content on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action.
12. Agreement to Receive Electronic Communications
- Consent to Receive Electronic Communications. By creating an Account, you consent to receive communications, notices, agreements, documents, disclosures, statements about the Services (“Communications”). Communications include:
- Account details, history, confirmations, or any transaction information
- Legal or regulatory disclosures or statements we may be required to make to you
- Customer support inquiries or responses to communications regarding your Account
- Alerts and notifications you have requested to receive
- Withdrawing Your Consent to Electronic Communications. You may withdraw your consent to receive electronic communications by contacting us at firstname.lastname@example.org or email@example.com
13. General Provisions
- Governing Law and Venue This Agreement is governed and interpreted pursuant to the laws of the State of California, United States of America. without regard to principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the County of California, State of California, for all matters arising under or related to this Agreement or the Services.
- Force Majeure CryptoMarketCap will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, epidemic, war, acts of terror, insurrection, riot, labor dispute, accident, action of government, communications, power failure, equipment or software malfunction.
- Changes to the Agreement This Agreement may be modified from time to time. Notification of these modifications will be made through the posting of an updated version on this webpage. Be sure to revisit this Agreement often in order to stay knowledgeable of any modifications, as they will automatically be binding on you as a User. Any modifications to this Agreement will take effect immediately upon posting. Your continued Use of the Services after modifications have been posted serves as an indication of your acceptance of the modifications and your agreement to comply with them.
- Miscellaneous. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by us as described above. This Agreement does not provide you with the authority to bind us in any way whatsoever. No waiver shall be constituted due to a failure on our part to exercise or enforce any of the rights or provisions outlined within this Agreement. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. You shall not assign this Agreement. Any assignment made in violation of this Agreement will be void. We reserve the right to transfer or assign this Agreement without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action against us arising out of or in any way related to this Agreement or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. All notices to us in connection with this Agreement must be given in writing and will be deemed received two (2) business days after the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as we may designate pursuant to this notice provision. Notices to us shall be sent via email to firstname.lastname@example.org. or to the following mailing address: Cryptomarketcap LLC Attn.: Legal email@example.com Los Angeles, CA, 90067