Terms of Service
INTRODUCTION
The following Terms of Service (βTOSβ) govern your use of the Bitvizy Protocol (βBitvizy,β βwe,β βus,β or βourβ). By accessing or using Bitvizy Protocol, you (βUserβ or βyouβ) agree to abide by these TOS, which is incorporated herein by reference.
If you do not agree with these TOS, you are prohibited from using Bitvizy Protocol.
USE OF THE WEBSITE AND INTERFACE
The Bitvizy Protocol website is for informational purposes only.
To leverage Bitvizy Protocol, you must use your DeFi (Web3) wallet. You are solely responsible for all activity that transpires through your wallet, and you must safeguard your Wallet account. You understand that when you interact with any Bitvizy Protocol smart contracts, you always retain control over your crypto Wallet and assets. We do not have access to your wallet or private keys.
Bitvizy Protocol is not part of any transaction on the blockchain networks underlying the Bitvizy Protocol; we do not have possession, custody, or control over any crypto assets appearing on the Interface; and we do not have possession, custody, or control over any user's funds. Further, we do not store, send, or receive any crypto assets. You understand that when you interact with any Bitvizy Protocol smart contracts, you always retain control over your crypto assets.
As a condition to accessing or using the website or Interface, you represent and warrant to Bitvizy Protocol the following:
If you are an individual person, then you are of legal age in the jurisdiction in which you reside, and you have the legal capacity to enter into these Terms and be bound by them;
If you are an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity;
You are not a U.S. Person;
You are not a resident, national, or agent of any country to which the United States, the United Kingdom, or the European Union embargoes goods or imposes similar sanctions (collectively, "Restricted Territories");
You are not subject to economic or trade sanctions administered or enforced by any governmental authority; or otherwise, you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations, including without limitation the U.S. Office of Foreign Asset Control Specifically Designated Nationals and Blocked Person List (collectively, "Sanctions Lists Persons");
You do intend to transact with any Restricted Person or Sanctions List Person;
You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques, or other means, to circumvent, or attempt to circumvent, any restrictions that apply; and
Your access is not (a) prohibited by and does not otherwise violate or assist you in violating any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, letter, or another directive, requirement, guidance, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, letter, order, judgment, directive or other requirements, guidance, or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Bitvizy Protocol or you as otherwise duly enacted, enforceable by law, the common law or equity (collectively, "Applicable Laws"); or (b) contribute to or facilitate any illegal activity.
From time to time, the website or the Interface may be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Bitvizy Protocol or any of its suppliers or contractors may undertake from time to time; (c) causes beyond Bitvizy Protocol's control or that Bitvizy Protocol could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
We reserve the right to disable or modify access to the website at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the website or the Interface being inaccessible to you at any time or for any reason;
The Interface may evolve, which means third parties may apply changes, replace, or discontinue (temporarily or permanently) the access at any time in their sole discretion;
The pricing information provided on the website or the Interface does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with Bitvizy Protocol;
Bitvizy Protocol does not act as a broker or advisor for you;
You are solely responsible for your use of the webite or the Interface, including all of your transfers of digital assets;
To the fullest not prohibited by Applicable Law, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
You are solely responsible for reporting and paying any taxes applicable to your use of the Interface; and
We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so. If you experience a problem with any transactions in digital assets using the website or the Interface, you bear the entire risk.
TRANSACTION FEES
You are required to pay all fees for transactions involving certain blockchain networks. These fees may include gas costs and all other fees reflected on the Interface at your use, including trading-related fees.
NOT A FIDUCIARY DUTIES OR EXPERT ADVICE
Nothing herein constitutes legal, financial, business, or tax advice, and you are strongly advised to consult an advisor(s) before engaging in any activity in connection herewith. All information provided by the Website 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 on the Website or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, telegram content, news feeds, tutorials, tweets, and videos. The Terms are not intended to, and do not, create or impose any fiduciary duties on us.
POTENTIAL RISKS
The use of technology related to blockchain, smart contracts, and cryptocurrencies, among others, entails a risk that by accessing transactions, you are assuming. Bitvizy Protocol does not own or control any underlying software through which blockchain networks are formed. The software underlying blockchain networks are open-source so anyone can use, copy, modify, and distribute it. By using the Interface, you acknowledge and agree:
That Bitvizy Protocol is not responsible for the operation of the open-source software and networks underlying the Interface;
That there exists no guarantee of the functionality, security, or availability of that software and networks; and
That the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as "forks," which may materially affect the Interface. You are responsible for securing your private key(s). We do not have access to your private key(s); losing control of your private key(s) will permanently and irreversibly deny you access to any blockchain-based network. Neither Bitvizy Protocol nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, you will not be able to transfer your digital assets to any blockchain address or wallet. If this occurs, you will not be able to realize any value or utility from the digital assets you may hold.
Bitvizy Protocol is not responsible for the content of any third party, including, but not limited to, information, materials, products, or services that Bitvizy Protocol does not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. Bitvizy Protocol does not endorse or assume any responsibility for such resources or promotions. Suppose you access any such resources or participate in any such promotions. In that case, you do so at your own risk and understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve Bitvizy Protocol of all liability arising from using such resources or participating in such promotions.
Transactions entered in connection with the Interface are irreversible and final, and there are no refunds. You acknowledge and agree that you will access and use the Interface at your own risk.
We must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information that may not be in your best interests.
You hereby assume and agree that Bitvizy Protocol will have no responsibility or liability for the risks in section. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Bitvizy Protocol, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors related to any of the risks set forth in this section.
PROHIBITED USES
Bitvizy serves as a platform for the decentralized platform of digital assets. You may only use Bitvizy for legal purposes and in adherence with these TOS. You are prohibited from using Bitvizy:
To partake in any illegal activity, including but not limited to money laundering or the financing of terrorism;
To violate any applicable laws or regulations;
To infringe the rights of others, including without limitation, intellectual property rights;
To distribute viruses, malware, or any other harmful code;
To interfere with the operation of Bitvizy or the systems and networks used to provide Bitvizy;
To access or attempt to access systems, data, or information not intended for you;
To interfere with the security of Bitvizy;
To engage in any other activity that we determine, in our sole discretion, is harmful to us, our users, or any third party.
PROPRIETARY RIGHT
The content and information available through Bitvizy, including but not limited to logo, mascot, text, photographs, videos, and other contents (βBitvizy Contentβ), is the property of Bitvizy or third parties and is protected by intellectual property laws.
You may NOT use or add to any website any Bitvizy Logo, Mascot or any Bitvizy Content for commercial purposes without our express written consent.
REGULATING LAWS
The interpretation and enforcement of these Terms, and any dispute related to these Terms, the website, or the Interface, will be governed by and construed and enforced under the laws of the Bahamas, as applicable.
GENERAL INFORMATION
Any right or remedy of Bitvizy Protocol set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of Bitvizy Protocol in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
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.
Bitvizy Protocol will have no responsibility or liability for any failure or delay in performance of the website or the Interface, 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, war, insurrection, riot, labor dispute, accident, any law, order regulation, direction, action or request of the government, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the website, the Interface, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or part, without notice or obtaining your consent or approval.
These Terms contain the entire agreement between you and Bitvizy Protocol and supersede all prior and contemporaneous understandings between the parties regarding the Interface and the website or the Interface.
In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms other than the Indemnified Parties.
DISCLAIMER
Bitvizy is an informational website. Bitvizy does not operate an exchange platform or offer trade execution or clearing services and has no oversight, involvement, or control concerning your transactions using the Interface. All transactions between users of the Interface are executed peer-to-peer directly between the users' blockchain addresses through a third-party developed open-source smart contract.
You are responsible for complying with all Applicable Laws that govern your Perpetual Contracts. As a result of restrictions under the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), no U.S. Person may enter Perpetual Contracts using the Interface.
You understand that Bitvizy Platform is not registered or licensed by any regulatory agency or authority. No such agency or authority has reviewed or approved the use of the Website or the Interface.
You agree that the Website and the Interface are provided on an "AS IS" and "AS AVAILABLE" basis. Bitvizy makes no guarantees of any kind or connection with the Website or the Interface.
The Bitvizy team is not liable for any speculative intention by you or third parties seeking to hold $BTVZ token for any reason.
To the maximum extent permitted by law, we disclaim.
CONTACT INFORMATION:
If you have any inquiries or concerns regarding this TOS, please contact us at info@bitvizy.com
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