Terms Of Use Terms Of Use

Terms Of Use

DARKEX

TERMS OF USE

Last updated May 10, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Darkex Exchange, doing business as Darkex ("Company," "we," "us," "our"), a company registered in Georgia at Darkex Exchange LLC,Registration number:TFZ/100724/01,Legal address: Georgia, Tbilisi City, Gldani District, Omar Khizanishvili, Street, N 264,Tax ID: 400398725.

We operate the website https://darkex.com (the "Site") and any related products and services that refer to or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Thanks for choosing Darkex Exchange as your go-to for cryptocurrency trading. We're all about providing a secure, reliable, and user-friendly platform for traders and investors worldwide, whether you're a newbie or a pro. We've designed our platform to be intuitive and easy to use without skimping the security and reliability you expect. Knowing your investments are safe, we know how important it is for you to trade confidently. By using Darkex Exchange, you agree to our terms and conditions of use. Together with our privacy policy, these outline your relationship with us and how you use our website and services. We encourage you to read and understand these terms, as they're part of the legal agreement between you and us. We're committed to transparency and accountability and believe an informed user is powerful. Thanks again for choosing Darkex Exchange. We're eager to serve you to the best of our abilities.

You can contact us by email at legal@darkex.com

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Darkex Exchange concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. As stated in the email, the modified Legal Terms will become effective upon posting or notifying you by legai@darkex.com. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend printing a copy of these Legal Terms for your records.

 

TABLE OF CONTENTS

  1. OUR SERVICES
     2. INTELLECTUAL PROPERTY RIGHTS
  2. USER REPRESENTATIONS
     4. USER REGISTRATION
      5. PRODUCTS
      6. PURCHASES AND PAYMENT
      7. SOFTWARE
      8. PROHIBITED ACTIVITIES
      9. USER GENERATED CONTRIBUTIONS 
  3. CONTRIBUTION LICENSE
     11. SOCIAL MEDIA
     12. SERVICES MANAGEMENT
  4. PRIVACY POLICY
     14. TERM AND TERMINATION
     15. MODIFICATIONS AND INTERRUPTIONS
     16. GOVERNING LAW
     17. DISPUTE RESOLUTION
     18. CORRECTIONS
     19. DISCLAIMER
     20. LIMITATIONS OF LIABILITY
     21. INDEMNIFICATION
     22. USER DATA
     23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 
  5. MISCELLANEOUS
     25. CONTACT US
  6. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.

 

  1. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and worldwide.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and
Download or print a copy of any portion of the Content to which you have properly gained access. Solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to legal@darkex.com. Suppose we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content. In that case, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our policy reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately. Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload. By sending us Submissions through any part of the Services, you confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission; warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because you breach (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

  1. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

  1. USER REGISTRATION

4.1 Registration Requirement: To access and use certain features of the Services, you may be required to register for an account. By registering, you agree to provide accurate and current information and update it as necessary to maintain its accuracy. You agree to keep your password confidential and accept responsibility for all activities that occur under your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4.2 Registration Process: The registration process involves the following steps:

  • Email Address: You must provide a valid email address.
  • Password Creation: You must create a strong password to protect your account.
  • Account Activation: You will receive a confirmation email after completing the registration form. To activate your account, follow the instructions in this email. You can verify your account status by logging into  www.darkex.com 

4.3 Two-Factor Authentication: Two-factor authentication (2FA) is mandatory for enhanced security. You can choose to set up 2FA via:

  • Email Verification: A code will be sent to your registered email address for verification.
  • Google Authenticator: You can link your account to Google Authenticator for time-based one-time passwords (TOTP).

4.4 Account Levels and Withdrawal Limits: Our platform offers two distinct account levels, each with specific verification requirements and withdrawal limits. The amount you can invest is unlimited.

  • Level 1 Account:
    • Verification Requirements: Basic registration with email verification.
    • Withdrawal Limits: The daily withdrawal limit is 2,000 USDT or equivalent, and the monthly withdrawal limit is 10,000 USDT or equivalent.
  • Level 2 Account:
    • Verification Requirements: Users must upload their government-issued IDs on the front and back sides and complete a face recognition process.
    • Withdrawal Limits: The daily withdrawal limit is 2,000,000 USDT or equivalent, and the monthly withdrawal limit is 20,000,000 USDT or equivalent.

4.5 Security Measures: We employ industry-standard security measures to protect your personal information and account details. However, you are solely responsible for maintaining the confidentiality of your login credentials and for any activities or actions under your account.

4.6 Account Deactivation: Contact our support team to deactivate your account anytime. Upon deactivation, we will attempt to delete any personal information stored on our servers except for your account's username and profile picture.

4.7 Modification of Account Levels and Limits: The Company reserves the right, in its sole discretion, to modify, amend, or alter the verification requirements, withdrawal limits, and any other conditions related to the account levels at any time and without prior notice. Such changes will become effective immediately upon posting on the Services or by other means of communication as determined by the Company. It is your responsibility to review these modifications, and your continued use of the Services constitutes your acceptance of these changes.

 

  1. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any product at anytime for any reason. Prices for all products are subject to change. Availability and Discontinuation

All products offered by Darkex Exchange are subject to availability. While we strive to maintain an up-to-date inventory, there may be instances where a product is temporarily unavailable or discontinued. We reserve the right to discontinue any product at any time and for any reason without prior notice. This includes but is not limited to, situations where a product is no longer in demand, becomes obsolete, or we encounter supply chain issues.

Pricing

Prices for all products are subject to change at our discretion. We make every effort to ensure that the prices listed on our platform are accurate and up-to-date. However, we reserve the right to adjust prices for any reason, including but not limited to changes in market conditions, pricing errors, or promotional offers. Any changes in product prices will be reflected on our platform, and it is your responsibility to review the current pricing information before making a purchase or engaging in a transaction.

Notifications and Updates

If a product discontinuation or significant price change occurs, we may notify users who have shown interest in the affected product. Notifications may be sent via email, platform notifications, or other communication channels. However, it is ultimately the user's responsibility to stay informed about the current availability and pricing of products.

Special Offers and Promotions

Occasionally, Darkex Exchange may offer special promotions, discounts, or other incentives on certain products. These offers are subject to specific terms and conditions, which will be outlined during the promotion. We reserve the right to modify or terminate any promotional offers at any time without prior notice.

Order Fulfillment

All orders placed through our platform are subject to acceptance by Darkex Exchange. We reserve the right to cancel or refuse any order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. If your order is canceled, you will be notified promptly, and any payment received will be refunded in accordance with our refund policy.

Product Descriptions and Accuracy

We strive to provide accurate and detailed descriptions of all products offered on our platform. However, we do not warrant that our platform's product descriptions, images, or other content are accurate, complete, reliable, current, or error-free. If a product offered by Darkex Exchange is not as described, your sole remedy is to return it in unused condition, in accordance with our return policy.

User Responsibility

By purchasing or engaging in transactions involving our products, you acknowledge and agree to these terms. You are responsible for reviewing the current product availability, pricing, and terms of any promotional offers before completing a transaction. Darkex Exchange is not liable for any losses or damages resulting from your reliance on outdated or incorrect product information.

 

  1. PURCHASES AND PAYMENT

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as we deem required. We may change prices at any time.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  1. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your use of the software. Suppose an EULA does not accompany such software. In that case, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risks arising from the use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

 

  1. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
    Do not trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services to harass, abuse, or harm another person.
    Use our support services improperly or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
    Engage in unauthorized framing of or linking to the Services.
    Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated system, such as using scripts to send comments or messages or data mining, robots, or similar data gathering and extraction tools.
    Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of the Services, including collecting users' usernames and/or email addresses by electronic or other means to send unsolicited emails or create user accounts by automated means or under false pretenses.

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
 

PROHIBITED ACTIVITIES 

To maintain our platform's integrity and security and protect our users' interests, the following activities are strictly prohibited on Darkex Exchange. Violation of these rules may result in immediate account suspension, loss of funds, and legal action, depending on the severity of the offense:

  1. Market Manipulation:
    • Wash Trading: Engaging in transactions where no beneficial ownership is transferred solely to create misleading activity in the marketplace, giving the false appearance of increased trading volume.
    • Pump and Dump Schemes: Coordinating with others to artificially inflate the price of a cryptocurrency before selling it off to unsuspecting traders, causing significant price drops.
    • Spoofing: Placing large orders intending to cancel them before execution to manipulate market prices and create false impressions of demand or supply.
    • Layering: Multiple orders at different price levels create a false impression of market depth, misleading other traders about the true market conditions.
  2. Fraud and Deception:
    • False Information: Providing false, inaccurate, or misleading information during account registration, identity verification, or any other interaction with the platform, including falsified documents and data.
    • Identity Theft: Using another person’s identity or creating fake identities to deceive other users or the platform, potentially leading to unauthorized access and fraudulent transactions.
    • Scams: Engaging in any deceptive practices intended to defraud other users or the platform, such as Ponzi schemes, phishing scams, and false promises of high returns on investments.
  3. Unauthorized Access and Hacking:
    • Account Hacking: Attempting to gain unauthorized access to other users’ accounts or the platform’s infrastructure, including attempts to bypass security measures and exploit vulnerabilities.
    • Malware Distribution involves disseminating malware, viruses, or any harmful code that could disrupt or compromise the platform's functionality or its users' security, leading to data breaches and financial losses.
    • Phishing: Using fake websites, emails, or other means to steal login credentials or other sensitive information from users, often leading to unauthorized transactions and identity theft.
  4. Insider Trading:
    • Non-public Information: Using confidential or non-public information obtained from any source to benefit from trading on the platform creates unfair advantages and market imbalances.
    • Information Sharing: Sharing non-public information with others who use it for trading purposes, potentially manipulating market prices and trading volumes.
  5. Abuse of Services:
    • Service Exploitation: Exploiting any bugs, glitches, or unintended features in the platform for personal gain or to the detriment of others, such as arbitrage opportunities and unauthorized access.
    • API Misuse: Users may misuse the API provided by Darkex Exchange for purposes other than intended or authorized, including automated trading bots that violate the platform’s terms of service.
  6. Money Laundering and Illegal Activities:
    • Money Laundering: Using the platform to launder money or to disguise the origins of illegally obtained funds, often through complex transactions and multiple accounts.
    • Illegal Transactions: Conducting any transactions related to illegal activities, including but not limited to drug trafficking, human trafficking, and financing of terrorism, which violate international laws and regulations.
  7. Violations of Sanctions and Regulations:
    • Sanctions Compliance: Engaging in or facilitating transactions that violate economic, trade, or financial sanctions or embargoes imposed by any governing bodies, such as the United Nations, the European Union, or the United States.
    • Regulatory Violations: Conducting activities that are in violation of any applicable laws, regulations, or guidelines, including those related to financial services, securities, and consumer protection.
  8. Disruptive Trading Practices:
    • Market Disruption: Conducting trades or employing trading practices that are disruptive to the fair and orderly operation of the marketplace, such as flash crashes and order book spoofing.
    • Rapid Trading: Engaging in high-frequency trading that creates artificial price movements or market conditions, leading to increased volatility and unfair trading environments.
  9. Spreading False Information:
    • Market Manipulation: Disseminating false or misleading information about the platform, its services, or other users’ trading activities to manipulate the market or other traders, creating panic or false confidence.
    • Rumor Spreading: Spreading rumors or false information to influence market sentiment, often leading to irrational trading behaviors and market instability.
  10. Harassment and Abuse:
    • User Harassment: Engaging in harassment, abuse, or any behavior that threatens or intimidates other users, creating a hostile and unsafe trading environment.
    • Staff Abuse: Threatening or abusive behavior towards staff members of Darkex Exchange, including verbal abuse, threats of violence, and attempts to undermine their authority or integrity.
  11. Privacy Violations:
    • Data Misuse is collecting or using other users' personal data without their consent, which can lead to potential identity theft and privacy breaches.
    • Surveillance: Monitoring or spying on other users' activities on the platform without authorization violates their privacy and security rights.
  12. Intellectual Property Infringement:
    • Unauthorized Use: Using Darkex Exchange’s intellectual property, such as trademarks, logos, and copyrighted materials, without permission potentially leads to legal disputes and financial losses.
    • Infringement: Engaging in activities that infringe on the intellectual property rights of others, including unauthorized use, reproduction, or distribution of protected content.

Enforcement and Penalties

We are committed to rigorously monitoring and enforcing these prohibitions to ensure a fair, secure, and reliable trading environment for all users. Depending on the severity of the offense, violation of these rules may result in:

  • Account Suspension: The temporary or permanent suspension of the user’s account prevents further access to the platform and its services.
  • Loss of Funds: Forfeiture of any funds associated with prohibited activities, including profits derived from such activities.
  • Legal Action: Referral to law enforcement authorities and potential legal action against the violator, leading to fines, penalties, and criminal charges.
  • Notification: Users found in violation will be notified via their registered email address and provided with details of the infraction and the resulting actions taken.

Reporting Violations

If you suspect any prohibited activity on Darkex Exchange, please report it immediately to our support team at support@darkex.com. We will investigate all reports thoroughly and take appropriate action to address and prevent such activities.

 

 

 

 

  1. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other service users and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Service's Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us)
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate any third party's privacy or publicity rights.
  • Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

  1. CONTRIBUTION LICENSE

10.1 Data Usage: You and the Services agree that we may access, store, process, and use any information and personal data you provide following the terms of the Privacy Policy and your choices (including settings).

10.2 Feedback Usage: By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

10.3 Ownership of Contributions: We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

10.4 Disclaimer of Liability: We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

  1. SOCIAL MEDIA

11.1 Linking Third-Party Accounts: As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either (1) providing your Third-Party Account login information through the Services, or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

11.2 Authorization and Representation: You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breaching any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

11.3 Access and Use of Social Network Content: By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

11.4 Privacy Settings and Availability: Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on and through the Services.

11.5 Disabling Connections: You can disable the connection between your account on the Services and your Third-Party Accounts anytime.

11.6 Third-Party Agreements: PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

11.7 Access to Contacts: You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you of those contacts who have also registered to use the Services.

11.8 Deactivation and Deletion: You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers obtained through such a Third-Party Account, except the username and profile picture associated with your account.

 

  1. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy.
Policy: Tax ID:400398725. By using the Services, you agree to be bound by our Privacy Policy incorporated into these Legal Terms. Please be advised the Services are hosted in Panama and United Arab Emirates. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Panama and the United Arab Emirates, then through your continued use of the Services, you are transferring your data to Georgia, Panama, and the United Arab Emirates. You expressly consent to have your data transferred to and processed in Georgia, Panama, and the United Arab Emirates.

 

  1. TERM AND TERMINATION

You may delete your account directly without any prior notice or requirement. These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we are not obligated to update any information on our Services.

We may modify or discontinue all or part of the Services at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

  1. GOVERNING LAW

These Legal Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Legal Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC). The number of arbitrators shall be one, the seat of arbitration shall be Singapore, and the arbitration proceedings shall be conducted in English. By agreeing to these terms, you waive any objection to arbitration on the grounds of venue or forum non conveniens. You also agree not to seek transfer of any action or proceeding to any other forum or jurisdiction.

  1. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC), which are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration, shall be Singapore. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of Singapore.

Restrictions

The Parties agree that arbitration shall be limited to the Dispute between the Parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found illegal or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

 

 

  1. CORRECTIONS

Information on the Services, including descriptions, pricing, availability, and other information, may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.

 

  1. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
  2. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES;
  7. ANY INCORRECT SELECTION OF CRYPTOCURRENCY WALLET OR PROTOCOL NETWORK BY YOU.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

  1. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR:

  1. THE USE OR INABILITY TO USE THE SERVICES;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
  5. ANY OTHER MATTER RELATING TO THE SERVICES.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. LIABILITY LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE LEGAL TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

 

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties outlined in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including but not limited to reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Use of the Services: Your use of the Services includes any data or content transmitted or received by you and any transactions initiated through the Services.
  2. Breach of Legal Terms: Your breach of these Legal Terms, including but not limited to your breach of any representations and warranties set forth herein.
  3. Violation of Third-Party Rights: Your violation of the rights of a third party, including but not limited to intellectual property rights, publicity, confidentiality, property, or privacy rights.
  4. Violation of Law: Your violation of any applicable laws, rules, or regulations, including without limitation any and all regulatory, administrative, and legislative bodies.
  5. Harmful Acts: Any overt harmful act toward any other user of the Services with whom you connected via the Services, including but not limited to acts of fraud, misconduct, or negligence.
  6. Willful Misconduct: Any willful misconduct or gross negligence by you concerning using the Services.
  7. Third-Party Interactions: Any interactions or transactions with third parties that are initiated through your use of the Services.
  8. Security Breaches: Any breach of security or unauthorized access, including but not limited to hacking, unauthorized access to our systems, or unauthorized use of your account.
  9. System Disruptions: Any actions that disrupt or interfere with the integrity, operation, or security of our Services, including but not limited to the introduction of malware, viruses, or other harmful code.
  10. Organized Crime: Any involvement in or facilitation of organized crime, including but not limited to money laundering, terrorist financing, or other illegal activities.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it. You agree not to settle any matter without our prior written consent.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will assist and cooperate with us in asserting any available defenses. This includes but is not limited to providing information, documents, testimony, and other evidence we may request.

Notification of Claims: We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it. Such notice will include a description of the claim, the amount of the claim, and the basis on which the claim is made.

Settlement: You agree not to settle any matter without our prior written consent. If we assume defense and control of a claim, you will not settle the claim without our prior written consent.

Survival: This indemnity obligation will survive the termination or expiration of these Legal Terms and your use of the Services.

  1. USER DATA

We will maintain certain data that you transmit to the Services to manage the performance of the Services, as well as data relating to your use of the Services. This includes but is not limited to transaction data, account information, and activity logs. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. This includes, but is not limited to, any loss or corruption resulting from:

  1. Technical Issues: System failures, server crashes, or other technical issues.
  2. Unauthorized Access: Hacking, unauthorized access, or other security breaches.
  3. User Actions: Any actions taken by you or any other user of the Services that may result in loss or corruption of data.
  4. Third-Party Services: Failures or issues with third-party services or integrations that impact the data.
  5. Force Majeure: Events beyond our reasonable control, such as natural disasters, wars, or acts of terrorism.

While we implement industry-standard security measures to protect your data, you acknowledge that no system is completely secure and that you are responsible for maintaining your own backups of any important data.

By using the Services, you acknowledge and agree that we may store and process your data in accordance with our Privacy Policy and that you will not hold us liable for any data loss or corruption.

 

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:

  1. KYC (Know Your Customer): Electronic submission and verification of identification documents and personal information.
  2. KYB (Know Your Business): Electronic submission and verification of business documents and information.
  3. Online Agreements: Execution of contracts and agreements through electronic means, including but not limited to user agreements, terms of service, and privacy policies.
  4. Transactions: Execution of orders and financial transactions initiated or completed electronically.
  5. Notices and Disclosures: Receipt of all notices, policies, disclosures, and records related to your use of the Services via electronic delivery.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

By agreeing to these terms, you acknowledge and consent to using electronic communications, transactions, and signatures in all your interactions with us through the Services. This consent applies to all interactions and transactions, whether current or future, conducted via the Services.

  1. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including but not limited to:

  1. Third-Party Service Providers: Any liquidity issues or failures of third-party service providers, including exchanges, liquidity providers, and custodians.
  2. Market Volatility: Any losses arising from the volatility of token or coin prices, including but not limited to extraordinary market conditions, market manipulation, or other market disruptions.
  3. Regulatory Changes: Any changes in laws, regulations, or policies that affect the use or value of tokens or coins.
  4. Security Breaches: Any unauthorized access, hacking, or security breaches affecting the Services or any third-party services integrated with the Services.
  5. Force Majeure: Any events beyond our reasonable control, such as natural disasters, wars, terrorist acts, civil unrest, or other similar events.

Suppose any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable. In that case, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us due to these Legal Terms or use of the Services.

You agree that these Legal Terms will not be construed against us by having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Additionally, we do not guarantee compensation for any losses incurred due to our tracking global markets or operational decisions based on such market analysis. You acknowledge and agree that investing in cryptocurrencies involves significant risk, and you should use your best judgment and exercise caution in your investment decisions.

  1. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

Darkex Exchange LLC.
Georgia, Tbilisi City, Gldani District, Omar Khizanishvili, Street, N 264,Tax ID: 400398725

legal@darkex.acom

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