COINWHALENEWS USER AGREEMENT Effective Date: December 20, 2018
To access and use certain portions of the Website and the Datalight Software the User shall carry out the registration procedure at https://coinwhalenews.com/users/auth/. To register for a User’s Account or use the CoinWhaleNews Software, You must, and hereby represent that You are of legal age (18 years of age or older or otherwise of legal age in Your resident jurisdiction) and competent to agree to this Agreement. As a registered User you agree to: (i) provide true, accurate, current and complete registration data; (ii) maintain and promptly update the registration data to keep it accurate, current and complete; (iii) maintain the security and confidentiality of any usernames, passwords and other information used by you to access the CoinWhaleNews Software; (iv) refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity; (v) immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your registration data or any other breach of security that you become aware of involving or relating to the CoinWhaleNews Software. To register for a User’s Account to access the CoinWhaleNews Software, You must complete a User’s profile, which you consent to be shown to other Users and, unless You change Your privacy settings, the public. You agree to provide true, accurate, and complete information on Your profile and all registration and other forms you access on the Website or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. Each User is entitled to have only one User’s Account otherwise CoinWhaleNews reserves the right to deactivate duplicated User’s Accounts without any prior notice. User is strictly prohibited from providing access to CoinWhaleNews’s Software to any other person or entity. User shall be solely responsible for all the usage and activity on its User’s Account and for loss, theft or unauthorized disclosure of User’s Login and Password. User agrees to provide CoinWhaleNews with a prompt email notification of any known or suspected unauthorized use or any breach of the security of its User’s Account. CoinWhaleNews reserves the right to decline a registration of a User’s Account for any reason, including supply and demand, cost to maintain data, or other business considerations.
After registration on the site at https://coinwhalenews.com the User receives a Login and Password to access the User’s Account. By using the Login and Password User confirms the creation of his or her User’s Electronic signature, and agrees that all information in electronic form, signed by User using the Electronic signature (using his Login and Password) is accepted by User and CoinWhaleNews to be an electronic document equal to a paper document signed by a handwritten signature. All actions carried out with the use of Login and Password of the user (Electronic signature), considered to be executed by the User. By registering for a User’s account User is deemed to have executed this Terms electronically, effective on the date User enter User’s account via Login and Password. User’s account registration constitutes an acknowledgement that User is able to electronically receive, download, and print these Terms and any amendments.
CoinWhaleNews License Grant. CoinWhaleNews grants User a non-exclusive, non-sublicensable, non-transferable, worldwide and revocable license to use CoinWhaleNews Software and provides User with User’s Account so long as User fulfills all his or her liabilities in accordance with this Agreement. License Grant Restrictions. User shall not, and shall not allow any third party to: (i) use the CoinWhaleNews Software to mislead other users and third parties, as well as to violate data protection legislation or any other any applicable national, state or local legislation; (ii) insert into the CoinWhaleNews Software any viruses, worms, date bombs, time bombs, or other code that is specifically designed to cease operating, or to damage, interrupt, or interfere with any end user data; (iii) disassemble, de-compile or otherwise reverse engineer the CoinWhaleNews Software or otherwise attempt to learn the source code or algorithms underlying the CoinWhaleNews Software; (iv) provide, sell, license, lease or lend the CoinWhaleNews Software to any third party; (v) use the CoinWhaleNews Software for of illegal or unlawful actions or other unauthorized purposes; (iv) exceed the scope of any license granted to User hereunder. Trademark License and Use. User acknowledges and agrees that the CoinWhaleNews’s Trademarks are owned solely by CoinWhaleNews, and agrees to use the CoinWhaleNews’ Trademarks only in the form and manner prescribed by CoinWhaleNews. CoinWhaleNews acknowledges that all User’s Trademarks are owned solely by User, and agrees to use the User’s Trademarks only in the form and manner prescribed by User. Trademark Restrictions. User shall not remove, modify, adapt, or prepare derivative works of any CoinWhaleNews’s Trademarks, CoinWhaleNews’ copyright notices, or other CoinWhaleNews’ proprietary rights notices. Proprietary rights. This Agreement does not convey the title or ownership of CoinWhaleNews’s Software from CoinWhaleNews to User but instead gives User only the limited rights and abilities to use CoinWhaleNews’s Software as set forth above. CoinWhaleNews reserves all rights not expressly granted by this User Agreement. User acknowledges and agrees that CoinWhaleNews’s Software and its source code form, all enhancements, corrections and modifications to the CoinWhaleNews’s Software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of CoinWhaleNews’s Software, are and shall remain the sole and exclusive property of CoinWhaleNews.
The License fees payable by User to CoinWhaleNews hereunder do not include any amount for any applicable national, state or local duty, value-added, withholding or other tax or levy ("Tax") and User shall be responsible for payment of all such Taxes imposed on orders of the CoinWhaleNews Software or other fees incurred hereunder, or shall reimburse CoinWhaleNews for any Taxes paid by CoinWhaleNews on User's behalf (exclusive of Taxes on CoinWhaleNews' net income or those for which the User is exempt). If exempt from taxation, the User shall furnish CoinWhaleNews with a valid tax exemption certificate.
COINWHALENEWS DOES NOT REPRESENT THAT USER’S USE OF THE COINWHALENEWS SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE WILL MEET USER REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY COINWHALENEWS OR THE OPERATION OF THE SERVICES WILL BE SECURE OR THAT COINWHALENEWS AND ITS THIRD PARTY COINWHALENEWSS WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING USER DATA OR USER’S CONFIDENTIAL INFORMATION, OR ANY ERRORS WILL BE CORRECTED OR ANY STORED USER DATA WILL BE ACCURATE OR RELIABLE. THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COINWHALENEWS SOFTWARE IS PROVIDED TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE USER’S PURPOSE.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST OR CORRUPTED DATA OR CONTENT, LOST REVENUE ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE SERVICE, THE USE OF THE SERVICE OR THE INABILITY TO USE SERVICE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COINWHALENEWS OR ANY THIRD PARTY COINWHALENEWSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY LICENSE, USE, OR OTHER EMPLOYMENT OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY USER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THERE SHALL BE ONLY ONE AGGREGATE LIABILITY CAP UNDER THIS AGREEMENT EVEN IF THERE ARE MULTIPLE CLAIMS; EACH CLAIM SHALL REDUCE THE AMOUNT AVAILABLE IN THE AGGREGATE LIABILITY CAP. THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 8 SHALL NOT APPLY WITH RESPECT TO: (I) BREACHES BY USER OF LICENSE TERMS APPLICABLE TO PROVIDED COINWHALENEWS SOFTWARE; (II) USER’S UNAUTHORIZED USE OF COINWHALENEWS’S INTELLECTUAL PROPERTY, MATERIALS OR ASSETS.
Notices. Any notice or other communication under User's Agreement shall be in writing and shall be considered given and received when sent electronically. User agrees to receive electronically all communications, agreements, and notices in connection with this Agreement, including by e-mail, text, in-app notifications, or by posting them on the Website or through User’s Account. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing and you agree to keep your Account contact information current. Competent law and jurisdiction. This User’s Agreement shall be governed by and construed in accordance with in accordance with the law of Estonia, without regard to principles of conflict or choice of laws, and the parties agree that all disputes relating to this User’s Agreement shall be resolved non-exclusively in the courts of Estonia, unless the CoinWhaleNews chooses to take proceedings against the User in any other court of competent jurisdiction. The taking of proceedings by the CoinWhaleNews against the User in one or more jurisdictions shall not preclude the taking of proceedings by the CoinWhaleNews against the User in any other jurisdiction, whether concurrently or not. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired thereby, but rather this Agreement shall be construed as if not containing the invalid or unenforceable provision. However, if such provision is an essential element of this Agreement, the parties shall promptly attempt to negotiate a substitute therefor. Survival. Any obligations of the parties relating to monies owed, as well as any provisions of this Agreement relating to intellectual property, limitation of liability and commencement of legal proceedings shall survive any termination of this Agreement. Entire Agreement. This Agreement, together with the applications incorporated by reference, represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the parties with respect to its subject matter. Modification of Agreement. CoinWhaleNews may, in its sole discretion, amend this Agreement, including its applications incorporated by reference, at any time by posting a revised version on the site at: https://coinwhalenews.com/user-agreement. Any revisions to this Agreement will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”). You agree that we shall not be liable to you or to any third party for any modification of this Agreement. PLEASE REVIEW THE WEBSITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE COINWHALENEWS WEBSITE, COINWHALENEWS SOFTWARE OR SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED AGREEMENT.