Last updated: March 4, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE "CREATE ACCOUNT"
BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY
THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
Summary of Terms of Service
I condemn Russia's aggression in Georgia and in Ukraine.
I agree that Russia is an occupant, that invaded Georgia in 2008 and Ukraine
in 2014 and 2022.
I agree to support Georgia's territorial integrity and acknowledge that
Abkhazia and Samachablo are Georgia
I agree that I won't share Russian government propaganda and help fight
against it.
I understand that any violation of these terms, will result in cancelation of
my COINMANIA account.
This summary of our Terms of Service offers you an overview of the
key terms that apply to your use of our website and trading services. While we
hope this summary section is helpful, you should read the
Complete Terms of Service below since they provide
important information about how our services work. Please note that we refer to
our online service where you can execute trades as
"COINMANIA".
COINMANIA provides you with a platform that matches your trades with open
orders from other users of our services at your direction. Users are not able
to predetermine a trade with a particular user or with a particular account.
Additionally, an order may be partially filled or may be filled by multiple
matching orders.
Our Services
COINMANIA provides you with a simple and convenient way to trade legal tender
(such as Georgian Laris, U.S. dollars and Euros) for digital assets (such as
bitcoins and ethereums) and vice versa, and to trade one type of digital asset
for another type of digital asset.
You may also use our Services to
purchase and sell digital assets directly from and to us.
Our
services do not provide users with the ability to trade one form of legal
tender for another form of legal tender. Additionally, the range of services
available to you will depend in part upon the country or country state from
which you access COINMANIA.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to
use COINMANIA. For instance, you must be an adult and there are certain
locations from which you may not be able to use some or all of COINMANIA.
Additionally,
there are certain things you cannot do when using COINMANIA, such as engage in
illegal activities, lie, or do anything that would cause damage to our
services or systems. Please see the
acceptable use section for more details.
Trading Risks
Engaging in trades may be risky, especially if you engage in any margin trades or use any other sophisticated trading options. Please don't use COINMANIA or any of the trading options if you do not
understand these risks.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of
Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers,
and your agreement to arbitrate most disputes.
Please take the time to read these terms carefully. You can always contact us
through support if you have any questions
support.coinmania.exchange.
1. Complete Terms of Service
These Terms of Service and any terms expressly incorporated herein
("Terms") apply to your access to and use of the websites and
mobile applications provided by COINMANIA, LLC. and its wholly owned
subsidiaries (collectively, "COINMANIA",
"we", or "us"), and the trading and direct
sale services provided by COINMANIA as described in these Terms (collectively,
our "Services").
Key Definition
Capitalized terms not otherwise defined in these Terms will have the following
meaning:
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"External Account" means any Financial Account or Digital Asset Account:
(i) from which you may load Funds into your COINMANIA Account, and (ii) to
which you may push Funds from your COINMANIA Account.
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"Financial Account" means any financial account of which you are the
beneficial owner that is maintained by a third party outside of the
Services, including, but not limited to third-party payment service
accounts or accounts maintained by third party financial institutions.
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"Funds" means Digital Asset and/or Legal Tender.
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"Legal Tender" means any national currency, such as U.S. dollars, Georgian
Laris, that may be used in connection with a purchase or sale of Digital
Assets via the Services, and does not include any Digital Asset.
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"COINMANIA Account" means a user account accessible via the Services where
Funds may be stored by COINMANIA on behalf of a user.
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"Digital Asset" means bitcoins, ethereums and other digital assets that
may be purchased, sold or traded via the Services.
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"Digital Asset Account" means any Digital Asset address or account owned
or operated by you that is maintained outside of the Services, and is not
owned, controlled or operated by COINMANIA.
2. Eligibility
COINMANIA may not make the Services available in all markets and
jurisdictions, and may restrict or prohibit use of the Services from certain
country states or foreign jurisdictions ("Restricted Locations"). If you are
registering to use the Services on behalf of a legal entity, you represent and
warrant that (i) such legal entity is duly organized and validly existing
under the applicable laws of the jurisdiction of its organization; and (ii)
you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a
binding contract; (b) have not previously been suspended or removed from using
our Services; (c) have full power and authority to enter into this agreement
and in doing so will not violate any other agreement to which you are a party;
and (g) will not use our Services if any applicable laws in your country
prohibit you from doing so in accordance with these Terms.
3. COINMANIA Account
Capitalized terms not otherwise defined in these Terms will have the following
meaning:
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Number of COINMANIA Accounts. COINMANIA may, in its sole discretion, limit
the number of COINMANIA Accounts that you may hold, maintain or acquire.
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COINMANIA Account information and security. In order to engage in any
trades via the Services, you must create a COINMANIA Account and provide
any requested information. When you create a COINMANIA Account, you agree
to: (a) create a strong password that you do not use for any other website
or online service; (b) provide accurate and truthful information; (c)
maintain and promptly update your COINMANIA Account information; (d)
maintain the security of your COINMANIA Account by protecting your
password and restricting access to your COINMANIA Account; (e) promptly
notify us if you discover or otherwise suspect any security breaches
related to your COINMANIA Account; and (f) take responsibility for all
activities that occur under your COINMANIA Account and accept all risks of
any authorized or unauthorized access to your COINMANIA Account, to the
maximum extent permitted by law.
4. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and share your information.
5. General Obligations
This Section 5 applies to: (i) all trades completed via the Services, (ii)
your purchase and/or sale of Digital Assets directly from COINMANIA via the
Services, and (iii) any transaction in which you load Funds into your
COINMANIA Account from your External Account or push Funds from your COINMANIA
Account into an External Account.
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Conditions and Restrictions. We may, at any time and
in our sole discretion, refuse any trade submitted via the Services,
impose limits on the trade amount permitted via the Services or impose any
other conditions or restrictions upon your use of the Services without
prior notice. For example, we may limit the number of open orders that you
may establish via the Services or we may restrict trades from certain
locations.
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Accuracy of Information. You must provide any information
required when creating a COINMANIA Account or when prompted by any screen
displayed within the Services. You represent and warrant that any
information you provide via the Services is accurate and complete.
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Cancellations You may only cancel an order initiated via
the Services if such cancellation occurs before COINMANIA executes the
transaction.
Once your order has been executed, you may not change, withdraw or
cancel your authorization for COINMANIA to complete such
transaction. If an order has been partially filled, you may cancel the unfilled
remainder unless the order relates to a market trade. We reserve the right
to refuse any cancellation request associated with a market order once you
have submitted such order. In contrast to exchange orders, all trades are irreversible once
initiated. While we may, at our sole discretion, reverse a trade under certain
extraordinary conditions, a customer does not have a right to a reversal
of a trade.
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Insufficient Funds. If you have an insufficient amount of
Funds in your COINMANIA Account to complete an order via the Services, we
may cancel the entire order or may fulfill a partial order using the
amount of Funds currently available in your COINMANIA Account, less any
fees owed to COINMANIA in connection with our execution of the trade (as
described in Section 9 below).
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Taxes. It is your responsibility to determine what, if
any, taxes apply to the trades you complete via the Services, and it is
your responsibility to report and remit the correct tax to the appropriate
tax authority. You agree that COINMANIA is not responsible for determining
whether taxes apply to your trades or for collecting, reporting,
withholding or remitting any taxes arising from any trades.
6. COINMANIA Account Funds
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Funding your COINMANIA Account. In order to complete an
order or trade via the Services (as described in Section 7), you must
first load Funds to your COINMANIA Account using one of the approved
External Accounts identified via the Services. You may be required to
verify that you control the External Account that you use to load Funds to
your COINMANIA Account. As further described in Section 9, you may be
charged fees by the External Account you use to fund your COINMANIA
Account. COINMANIA is not responsible for any External Account fees or for
the management and security of any External Account. You are solely
responsible for your use of any External Account, and you agree to comply
with all terms and conditions applicable to any External Account. The
timing associated with a load transaction will depend in part upon the
performance of third parties responsible for maintaining the applicable
External Account, and COINMANIA makes no guarantee regarding the amount of
time it may take to load Funds into your COINMANIA Account.
About Funds Held In Your COINMANIA Account
- Be advised that fiat funds held in your COINMANIA account are
exclusively for the purchase of Digital Assets or withdrawal to your
approved External Account. Proceeds from the sale of Digital Assets will
be credited to your fiat account, less any transactional or other fees.
Furthermore, be advised that COINMANIA does not pay interest on free fiat
balances held in your account.
Digital Assets Only Accounts
- If you have opened a COINMANIA Account designated as Digital Assets
Only, you may only fund your account with digital assets. COINMANIA will
not accept fiat to fund a Digital Assets Only Account. If fiat is
transmitted to fund such an account, it will be returned to the sender,
less applicable transfer fees.
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Pushing Funds to an External Account. Provided that the
balance of Funds in your Kraken Account is greater than any minimum
balance requirements needed to satisfy any of your open positions, you may
push any amount of Funds, up to the total amount of Funds in your
COINMANIA Account in excess of such minimum balance requirements, from
your COINMANIA Account to an External Account, less any fees charged by
COINMANIA for such transactions (as described in the
Fee Schedule at the time of your request
to push Funds to an External Account).
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Load/Push Authorization. When you request that we load
Funds into your COINMANIA Account from your External Account or request
that we push Funds to your External Account from your COINMANIA Account,
you authorize COINMANIA to execute such transaction via the Services.
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Rejected Transactions. In some cases, the External
Account may reject your Funds or may otherwise be unavailable. You agree
that you will not hold COINMANIA liable for any damages resulting from
such rejected transactions.
7. Exchange Orders and Trades
This Section applies only when you use the Services to trade Digital Assets
for Legal Tender or vice versa, or to trade Digital Assets for another form of
Digital Assets. COINMANIA does not purchase, sell, or exchange any Digital
Assets on its own behalf.
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Authorization. When you submit a new order via the
Services, you authorize COINMANIA to execute a transaction in accordance
with such order on a spot basis and charge you any applicable fees (as
described in Section 10 below).
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Independent relationship. You acknowledge and agree that:
(a) COINMANIA is not acting as your broker, intermediary, agent, or
advisor or in any fiduciary capacity, and (b) no communication or
information provided to you by COINMANIA shall be considered or construed
as advice.
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Trade confirmation. Once the Services execute your
trade, a confirmation will be electronically made available via the
Services detailing the particulars of the trade. You acknowledge and agree
that the failure of the Services to provide such confirmation shall not
prejudice or invalidate the terms of such trade.
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Trade options. Please refer to the Trading Guide, for information about the terminology used in connection with the
trading options made available via the Services. If you do not understand
the meaning of any trade option, we strongly encourage you not to utilize
any of those options.
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Market rates. If you select a market trade, COINMANIA
will attempt, on a commercially reasonable basis, to execute the trade on
or close to the prevailing market exchange rate, as defined via the
Services. You acknowledge and agree that the exchange rate information
made available via our Services may differ from prevailing exchange rates
made available via other sources outside of the Services.
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Market volatility. Particularly during periods of high
volume, illiquidity, fast movement or volatility in the marketplace for
any Digital Assets or Legal Tender, the actual market rate at which a
market order or trade is executed may be different from the prevailing
rate indicated via the Services at the time of your order or trade. You
understand that we are not liable for any such price fluctuations. In the
event of a market disruption or Force Majeure event (as defined in Section
24), COINMANIA may do one or more of the following: (a) suspend access to
the Services; or (b) prevent you from completing any actions via the
Services, including closing any open positions. Following any such event,
when trading resumes, you acknowledge that prevailing market rates may
differ significantly from the rates available prior to such event.
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Trade Settlement. Subject to the terms and
conditions in these Terms, we will use commercially reasonable efforts to
settle trades on a spot basis within two (2) days of the date upon which
users have agreed to execute a trade via the Services.
8. Risk Disclosure
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Trading risks. You acknowledge and agree that you
shall access and use the Services at your own risk. The risk of loss in
trading Digital Asset pairs and Digital Asset and Legal Tender pairs can
be substantial. You should, therefore, carefully consider whether such
trading is suitable for you in light of your circumstances and financial
resources. You should be aware of the following points:
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You may sustain a total loss of the Funds in your COINMANIA Account,
and, in some cases, you may incur losses beyond such Funds. If the
market moves against your position, you may be called upon by us to
provide a substantial amount of additional margin Funds, on short
notice, in order to maintain your position. If you do not provide the
required Funds within the time required by us, your position may be
liquidated at a loss, and you will be liable for any resulting deficit
in your COINMANIA Account.
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Under certain market conditions, you may find it difficult or
impossible to liquidate a position. This can occur, for example, when
the market reaches a daily price fluctuation limit ("limit move"), if
there is insufficient liquidity in the market.
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Placing contingent orders, such as "stop-loss" or "stop-limit" orders,
will not necessarily limit your losses to the intended amounts, since
market conditions may make it impossible to execute such orders.
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All Digital Asset positions involve risk, and a "spread" position may
not be less risky than an outright "long" or "short" position.
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The use of leverage can work against you as well as for you and can
lead to large losses as well as gains.
ALL OF THE POINTS
NOTED ABOVE APPLY TO ALL DIGITAL ASSET PAIR AND DIGITAL ASSET AND
LEGAL TENDER PAIR TRADING. THIS BRIEF STATEMENT CANNOT, OF COURSE,
DISCLOSE ALL THE RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE TRADES.
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Internet transmission risks. You acknowledge that there
are risks associated with utilizing an Internet-based trading system
including, but not limited to, the failure of hardware, software, and
Internet connections. You acknowledge that COINMANIA shall not be
responsible for any communication failures, disruptions, errors,
distortions or delays you may experience when trading via the Services,
howsoever caused.
9. Digital Asset Terms of Sale
This Section applies only when you use the Services to purchase or sell
Digital Assets directly from COINMANIA, a service available in limited
jurisdictions only.
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Prices; Availability. All prices reflect the exchange
rates applicable to the purchase or sale of Digital Assets using the Legal
Tender or alternative form of Digital Assets identified in your purchase
order. All Digital Asset sales and purchases by COINMANIA are subject to
availability, and we reserve the right to discontinue the sale and
purchase of Digital Assets without notice.
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Purchase Quotes. Prior to completing your purchase or
sale of Digital Assets from COINMANIA, we will provide notice of the
amount of Digital Assets you intend to purchase or sell and the amount of
Funds you will be required to pay to COINMANIA to receive such Digital
Assets or Legal Tender. You agree to comply with any terms and conditions
provided within such notice to complete your purchase transaction.
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Errors. In the event of an error, whether via our
Services, in a purchase order confirmation, in processing your purchase,
or otherwise, we reserve the right to correct such error and revise your
purchase transaction accordingly (including charging the correct price) or
to cancel the purchase and refund any amount received. Your sole remedy in
the event of an error is to cancel your purchase order and obtain a refund
of any amount charged.
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Payment Method. Only valid payment methods specified by
us may be used to purchase Digital Assets. By placing an order to purchase
Digital Assets from COINMANIA, you represent and warrant that (a) you
are authorized to use the designated payment method and (b) you
authorize us, or our payment processor, to charge your designated payment
method. If the payment method you designate cannot be verified, is invalid
or is otherwise not acceptable, your purchase order may be suspended or
cancelled automatically. You agree to resolve any problems we encounter in
order to proceed with your purchase order.
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No Returns or Refunds. All sales and purchases of Digital
Assets by COINMANIA via the Services are final. We do not accept any
returns or provide refunds for your purchase of Digital Assets from
COINMANIA, except as otherwise provided in these Terms.
10. Fees
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Amount of Fees. You agree to pay COINMANIA the fees for
trades completed via our Services ("Fees") as made
available via the Fees and Pair Info ("Fee Schedule"), which we may change from time to
time. Changes to the Fee Schedule are effective as of the effective date
indicated in the posting of the revised Fee Schedule to the Services, and
will apply prospectively to any trades that take place following the
effective date of such revised Fee Schedule.
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Third-Party Fees. In addition to the Fees, your
External Account may impose fees in connection with your use of your
designated External Account via the Services. Any fees imposed by your
External Account provider will not be reflected on the transaction screens
containing information regarding applicable Fees. You are solely
responsible for paying any fees imposed by an External Account provider.
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Payment of Fees. You authorize us, or our designated
payment processor, to charge or deduct your COINMANIA Account Funds for
any applicable Fees owed in connection with trades you complete via the
Services.
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Collection-Related Costs. If you fail to pay Fees or any
other amounts owed to COINMANIA under these Terms and COINMANIA refers
your account(s) to a third party for collection, then COINMANIA will
charge you the lesser of an 18% collection fee or the maximum percentage
permitted by applicable law, to cover COINMANIA's collection-related
costs.
11. Electronic Notices
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Consent to Electronic Delivery. You agree and
consent to receive electronically all communications, agreements,
documents, receipts, notices and disclosures (collectively,
"Communications") that COINMANIA provides in connection
with your COINMANIA Account and/or use of the COINMANIA Services. You
agree that COINMANIA may provide these Communications to you by posting
them via the Services, by emailing them to you at the email address you
provide, and/or by sending an SMS or text message to a mobile phone number
that you provide. Your carrier's normal, messaging, data and other rates
and fees may apply to any mobile Communications. You should maintain
copies of electronic Communications by printing a paper copy or saving an
electronic copy. You may also contact us through support
support.coinmania.exchange to request additional electronic copies of Communications or, for a
fee, paper copies of Communications (as described below).
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Hardware and Software Requirements. In order to access
and retain electronic Communications, you will need a computer with an
Internet connection that has a current web browser with cookies enabled
and 128-bit encryption. You will also need to have a valid email address
on file with COINMANIA and have sufficient storage space to save past
Communications or an installed printer to print them.
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Withdrawal of Consent. You may withdraw your consent to
receive electronic Communications by sending a withdrawal notice to
support
support.coinmania.exchange. If you decline or withdraw consent to receive electronic
Communications, COINMANIA may suspend or terminate your use of the
Services.
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Requesting Paper Copies. If, after you consent to receive
Communications electronically, you would like a paper copy of a
Communication we previously sent you, you may request a copy within 30
days after the date we provided the Communication to you by contacting
support
support.coinmania.exchange. In order for us to send paper copies to you, you must have a current
street address on file with COINMANIA. Please note that COINMANIA operates
exclusively online and it is very burdensome for us to produce paper
copies of Communications. Therefore, if you request paper copies, you
understand and agree that COINMANIA may charge you a processing fee, in
the amount described in the Fee Schedule, for
each page of Communication requested.
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Updating Contact Information. It is your responsibility
to keep your email address and/or mobile phone number on file with
COINMANIA up to date so that COINMANIA can communicate with you
electronically. You understand and agree that if COINMANIA sends you an
electronic Communication but you do not receive it because your email
address or mobile phone number on file is incorrect, out of date, blocked
by your service provider, or you are otherwise unable to receive
electronic Communications, COINMANIA will be deemed to have provided the
Communication to you. Please note that if you use a spam filter that
blocks or re-routes emails from senders not listed in your email address
book, you must add COINMANIA to your email address book so that you will
be able to receive the Communications we send to you. You can update your
email address, mobile phone number or street address at any time by
logging into your COINMANIA Account or by sending such information to
support
support.coinmania.exchange. If your email address or mobile phone number becomes invalid such that
electronic Communications sent to you by COINMANIA are returned, COINMANIA
may deem your account to be inactive, and you may not be able to complete
any transaction via our Services until we receive a valid, working email
address or mobile phone number from you.
12. Unclaimed Property
If for any reason COINMANIA is holding Funds in your COINMANIA Account on your
behalf, and COINMANIA is unable to return your Funds to your designated
External Account after a period of inactivity, then COINMANIA may report and
remit such Funds in accordance with applicable unclaimed property laws.
13. ACCEPTABLE USE
When accessing or using the Services, you agree that you will not violate any
law, contract, intellectual property or other third-party right or commit a
tort, and that you are solely responsible for your conduct while using our
Services. Without limiting the generality of the foregoing, you agree that you
will not:
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Use our Services in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying our Services,
or that could damage, disable, overburden or impair the functioning of our
Services in any manner;
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Use our Services to pay for, support or otherwise engage in any illegal
gambling activities; fraud; money-laundering; or terrorist activities; or
other illegal activities;
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Use any robot, spider, crawler, scraper or other automated means or
interface not provided by us to access our Services or to extract data;
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Use or attempt to use another user's account without authorization;
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Attempt to circumvent any content filtering techniques we employ, or
attempt to access any service or area of our Services that you are not
authorized to access;
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Develop any third-party applications that interact with our Services
without our prior written consent;
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Provide false, inaccurate, or misleading information; and
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Encourage or induce any third party to engage in any of the activities
prohibited under this Section.
14. Feedback
We will own exclusive rights, including all intellectual property rights, to
any feedback, suggestions, ideas or other information or materials regarding
COINMANIA or our Services that you provide, whether by email, posting through
our Services or otherwise ("Feedback"). Any Feedback you submit is
non-confidential and shall become the sole property of COINMANIA. We will be
entitled to the unrestricted use and dissemination of such Feedback for any
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You waive any rights you may have to the Feedback (including any
copyrights or moral rights). Do not send us Feedback if you expect to be paid
or want to continue to own or claim rights in them; your idea might be great,
but we may have already had the same or a similar idea and we do not want
disputes. We also have the right to disclose your identity to any third party
who is claiming that any content posted by you 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 this section.
15. Copyrights and Other Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual
property rights in all content and other materials contained on our website or
provided in connection with the Services, including, without limitation, the
COINMANIA logo and all designs, text, graphics, pictures, information, data,
software, sound files, other files and the selection and arrangement thereof
(collectively, "COINMANIA Materials") are the proprietary
property of COINMANIA or our licensors or suppliers and are protected by local
and international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to
access and use the COINMANIA Materials for your personal or internal business
use. Such license is subject to these Terms and does not permit (a) any resale
of the COINMANIA Materials; (b) the distribution, public performance or public
display of any COINMANIA Materials; (c) modifying or otherwise making any
derivative uses of the COINMANIA Materials, or any portion thereof; or (d) any
use of the COINMANIA Materials other than for their intended purposes. The
license granted under this Section will automatically terminate if we suspend
or terminate your access to the Services.
16. Trademarks
"COINMANIA", the COINMANIA logo, and any other COINMANIA product or service
names, logos or slogans that may appear on our Services are trademarks of
COINMANIA, in the Georgia and in other countries, and may not be copied,
imitated or used, in whole or in part, without our prior written permission.
You may not use any trademark, product or service name of COINMANIA without
our prior written permission, including without limitation any metatags or
other "hidden text" utilizing any trademark, product or service name of
COINMANIA. In addition, the look and feel of our Services, including all page
headers, custom graphics, button icons and scripts, is the service mark,
trademark and/or trade dress of COINMANIA and may not be copied, imitated or
used, in whole or in part, without our prior written permission. All other
trademarks, registered trademarks, product names and company names or logos
mentioned through our Services are the property of their respective owners.
Reference to any products, services, processes or other information, by name,
trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation by us.
17. Third-Party Content
In using our Services, you may view content provided by third parties,
including links to web pages of such parties, including but not limited to
Facebook and Twitter links ("Third-Party Content"). We do not control, endorse
or adopt any Third-Party Content and shall have no responsibility for
Third-Party Content, including without limitation material that may be
misleading, incomplete, erroneous, offensive, indecent or otherwise
objectionable. In addition, your business dealings or correspondence with such
third parties are solely between you and the third parties. We are not
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings, and you understand that your use of Third-Party
Content, and your interactions with third parties, is at your own risk.
18. Suspension; Termination
In the event of any Force Majeure Event (as defined in Section 23.5), breach
of this agreement, or any other event that would make provision of the
Services commercially unreasonable for COINMANIA, we may, in our discretion
and without liability to you, with or without prior notice, suspend your
access to all or a portion of our Services. We may terminate your access to
the Services in our sole discretion, immediately and without prior notice, and
delete or deactivate your COINMANIA Account and all related information and
files in such account without liability to you, including, for instance, in
the event that you breach any term of these Terms. In the event of
termination, COINMANIA will attempt to return any Funds stored in your
COINMANIA Account not otherwise owed to COINMANIA, unless COINMANIA believes
you have committed fraud, negligence or other misconduct.
19. Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without
prior notice and at any time, modify or discontinue, temporarily or
permanently, any portion of our Services.
20. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM,
AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES,
INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES
MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A
VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD
PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS
INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR
OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE
FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE
OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts
with consumer, so some or all of the disclaimers in this section may not apply
to you.
21. Limitation of Liability
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL COINMANIA, OUR
DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, 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,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR
SERVICES OR THE COINMANIA MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED
FROM COINMANIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A
FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO COINMANIA'S RECORDS, PROGRAMS OR SERVICES.
Some
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the limitations of this section may not apply to you.
(b)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF COINMANIA (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES
AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,
WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR
OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE,
COINMANIA OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO COINMANIA DURING
THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH
LIABILITY.
22. Indemnity
You agree to defend, indemnify and hold harmless COINMANIA (and each of our
officers, directors, members, employees, agents and affiliates) from any
claim, demand, action, damage, loss, cost or expense, including without
limitation reasonable attorneys’ fees, arising out or relating to (a)
your use of, or conduct in connection with, our Services; (b) any Feedback you
provide; (c) your violation of these Terms; or (d) your violation of any
rights of any other person or entity. If you are obligated to indemnify us, we
will have the right, in our sole discretion, to control any action or
proceeding (at our expense) and determine whether we wish to settle it.
23. Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK
RELIEF.
You and COINMANIA agree to arbitrate any dispute arising from these Terms or
your use of the Services, except for disputes in which either party seeks
equitable and other relief for the alleged unlawful use of copyrights,
trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS
YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and COINMANIA agree
to notify each other in writing of any dispute within thirty (30) days of when
it arises. Notice to COINMANIA shall be sent to
[email protected]. You and COINMANIA further agree: (a) to attempt informal resolution prior
to any demand for arbitration; (b) that any arbitration will occur in Tbilisi,
Georgia; (c) that arbitration will be conducted confidentially by a single
arbitrator in accordance with the rules of low; and (d) that the courts in
Tbilisi, Georgia have exclusive jurisdiction over any appeals of an
arbitration award and over any suit between the parties not subject to
arbitration. Other than class procedures and remedies discussed below, the
arbitrator has the authority to grant any remedy that would otherwise be
available in court. Any dispute between the parties will be governed by these
Terms and the laws of the Georgia law, without giving effect to any conflict
of laws principles that may provide for the application of the law of another
jurisdiction. Whether the dispute is heard in arbitration or in court, you and
COINMANIA will not commence against the other a class action, class
arbitration or representative action or proceeding.
24. Miscellaneous
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Entire Agreement; Order of Precedence. These Terms
contain the entire agreement, and supersede all prior and
contemporaneous understandings between the parties regarding the
Services. These Terms do not alter the terms or conditions of any other
electronic or written agreement you may have with COINMANIA for the
Services or for any other COINMANIA product or service or otherwise. In
the event of any conflict between these Terms and any other agreement
you may have with COINMANIA, the terms of that other agreement will
control only if these Terms are specifically identified and declared to
be overridden by such other agreement.
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Amendment. We reserve the right to make changes or
modifications to these Terms from time to time, in our sole discretion.
If we make changes to these Terms, we will provide you with notice of
such changes, such as by sending an email, providing notice on the
homepage of the Site and/or by posting the amended Terms via the
applicable COINMANIA websites and mobile applications and updating the
"Last Updated" date at the top of these Terms. The amended Terms will be
deemed effective immediately upon posting for any new users of the
Services. In all other cases, the amended Terms will become effective
for preexisting users upon the earlier of either: (i) the date users
click or press a button to accept such changes, or (ii) continued use of
our Services 30 days after COINMANIA provides notice of such changes.
Any amended Terms will apply prospectively to use of the Services after
such changes become effective. If you do not agree to any amended Terms,
you must discontinue using our Services and contact us to terminate your
account.
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Waiver. Our failure or delay in exercising any
right, power or privilege under these Terms shall not operate as a
waiver thereof.
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Severability. The invalidity or unenforceability
of any of these Terms shall not affect the validity or enforceability of
any other of these Terms, all of which shall remain in full force and
effect.
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Force Majeure Events. COINMANIA shall not be liable for
(1) any inaccuracy, error, delay in, or omission of (i) any information,
or (ii) the transmission or delivery of information; (2) any loss or
damage arising from any event beyond COINMANIA's reasonable control,
including but not limited to flood, extraordinary weather conditions,
earthquake, or other act of God, fire, war, insurrection, riot, labor
dispute, accident, action of government, communications, power failure,
or equipment or software malfunction or any other cause beyond
COINMANIA's reasonable control (each, a "Force Majeure Event").
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Assignment. You may not assign or transfer any of your
rights or obligations under these Terms without prior written consent
from COINMANIA, including by operation of law or in connection with any
change of control. COINMANIA may assign or transfer any or all of its
rights under these Terms, in whole or in part, without obtaining your
consent or approval.
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Headings. Headings of sections are for convenience
only and shall not be used to limit or construe such sections.
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Survival. 23.8 Sections 2 (Eligibility), Section 3
(COINMANIA Account), 8 (Risk Disclosure), 10 (Fees), 12 (Unclaimed
Property), 14 (Feedback), 15 (Copyrights), 16 (Trademarks), 17
(Third-Party Content), 20 (Disclaimer of Warranties), 21 (Limitation of
Liability); 22 (Indemnity), 23 (Applicable Law; Arbitration) and this
Section 24 (Miscellaneous) shall survive any termination or expiration
of these Terms.