A.R.I.A. Terms of Services
1. Acceptance of Terms
By using the information, tools, features, software, and functionality including content, updates, and new releases provided by A.R.I.A., you agree to be bound by the present terms and conditions (the "Terms of Service" or "TOS") and represent that you have read them. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
2. Description of Service
A.R.I.A. provides users with ratings and analyses of various cryptocurrencies, indices thereof, a news aggregator and portfolio tracker services (the "Service"). A.R.I.A. does not offer financial advice, brokerage, or financial services of any kind. The content provided on A.R.I.A. is intended for informational purposes only and should not be considered as financial or investment advice. The use of the Service does not create a financial advisor-client relationship between you and A.R.I.A..
3. Content and Proprietary Rights
All materials within the Service, including software, text, graphics, images, sound recordings, audiovisual works, and other material provided by A.R.I.A. or its licensors are the proprietary property of A.R.I.A. or its licensors and are protected by copyright and other intellectual property laws. You may not use such materials without permission.
(i) By accessing or using the Service and the materials within it, you are granted a limited, non-exclusive right to use the Service and its contents for your personal, non-commercial purposes, strictly in line with these TOS. If you opt to download content from the Service, such action is subject to the TOS, and this grants you a license from A.R.I.A. solely for personal, non-commercial use, without transferring any additional rights.
(ii) In keeping with A.R.I.A.'s established policy, we do not accept or consider unsolicited creative ideas, suggestions, or materials unless specifically requested. We kindly request that you refrain from sending any original creative materials that you expect compensation for or wish to keep private. Should you decide to make any such submission to A.R.I.A., please be aware that A.R.I.A. may use the submission, in whole or in part, for any purpose, without any obligation to you.
By submitting material to A.R.I.A. (including but not limited to user-generated content such as comments, text, videos, audio, and photographs), or any creative suggestions, ideas, notes, or other information (collectively referred to as “Submissions”), despite our request to the contrary, you acknowledge that these Submissions will be considered non-confidential and non-proprietary. A.R.I.A. will have no obligations with respect to such Submissions and will not be liable for their use or disclosure.
You grant A.R.I.A. a perpetual, nonexclusive, irrevocable, royalty-free, sublicensable, and transferable worldwide license to use, reproduce, modify, display, transmit, create derivative works from, distribute, and exploit the Submissions in any media for any purpose, including but not limited to marketing, advertising, and promotional purposes, at A.R.I.A.'s discretion without further notice or compensation. You also allow other users to access, store, or reproduce the Submissions for their personal use. You permit A.R.I.A. the use of any name submitted in connection with your Submissions.
A.R.I.A. is under no obligation to use any Submission, and you cannot demand such use. Your relationship with A.R.I.A. is not confidential, fiduciary, or otherwise special, and submitting material to A.R.I.A. does not place A.R.I.A. in a position any different from the general public.
You warrant that you are the original author of your Submissions, that no other permissions are required for A.R.I.A. to use them as described herein, and that such use will not infringe on any rights. You agree to indemnify A.R.I.A. against all claims arising from your Submissions. A.R.I.A. disclaims responsibility for, and assumes no liability for, any Submissions submitted by you or any third party.
You waive any claims against A.R.I.A. regarding the use of your Submission, including but not limited to intellectual property rights, and agree that any claims for damages will be limited to monetary relief, without any entitlement to injunctive or equitable relief. This authorization represents the complete understanding between you and A.R.I.A. regarding the use of your Submission and can only be modified by a written agreement signed by both parties.
4. Registration and Payment
Service, some of which may require a payment, you will choose a username and password. During registration, you must provide A.R.I.A. with accurate and current registration information. You must not: (i) select a username that is already in use; (ii) create an account for anyone other than yourself without their permission; (iii) use a username that belongs to another person without their authorization; or (iv) select a username or password that A.R.I.A., at its sole discretion, finds offensive or inappropriate. A.R.I.A. reserves the right to refuse account creation if your registration details cannot be verified.
You are solely responsible for keeping your password confidential. Should you become aware of or suspect any unauthorized use of your account or a security breach, including loss, theft, or unauthorized disclosure of your password or credit card information, you must immediately notify A.R.I.A. through the provided feedback mechanism.
You are fully accountable for all activities under your account, including actions taken by any third party authorized by you to use your username and password. You agree not to sell, transfer, or assign your membership or any rights associated with your membership. Accounts operated by individuals under eighteen (18) are strictly forbidden. If you sell or transfer the computer system used to access the Service, you agree to remove all cookies and software files acquired through the Service.
A.R.I.A. reserves the right to terminate your account at its sole discretion, pursuant to Article 7 below.
You agree to maintain only one account with A.R.I.A. at any time and confirm that you do not have any other accounts with the Service.
5. User Conduct
You may not use A.R.I.A. services for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these Terms of Service (TOS). You agree to use the Service solely for your personal, noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of A.R.I.A. or any of its suppliers. You agree not to use the Service in any manner that could damage, disable, overburden, or impair the Service or servers or networks connected to the Service.
You agree not to attempt to gain unauthorized access to any portion of the Service or any related systems or networks, nor to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Except as expressly permitted by A.R.I.A. in writing, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, edit, post, frame, link, or in any way exploit any part of the Service. You may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided you retain all copyright and other proprietary notices. You may not recirculate, redistribute, or publish the content included in the Service without A.R.I.A.’s prior written consent. Unauthorized use, copying, reproduction, modification, publication, republishing, uploading, framing, downloading, posting, transmitting, distributing, duplicating, or any other misuse of any part of the Service is strictly prohibited. Any use of the Service other than as specifically authorized herein, without the prior written permission of A.R.I.A., is strictly prohibited and will terminate the license granted herein. You agree to report any violations of the TOS by others that you become aware of.
The Service and the information contained therein may not be used to construct a database of any kind, nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Service.
You may not use the Service in any way that infringes upon the rights of others, including but not limited to intellectual property rights.
You may not use any of the trademarks, trade names, service marks, copyrights, or logos of A.R.I.A. in any manner that creates the impression that such items belong to or are associated with you, nor may you use them without A.R.I.A.'s prior written consent.
Interference with the Service, its servers or networks, unauthorized access, and attempts to breach security measures are strictly prohibited. You shall not use any automated systems, including "scrapers," "robots," "bots," "spiders," and "data mining tools," to access, acquire, copy, or monitor any part of the Service without A.R.I.A.’s explicit written consent.
6. Indemnification
You agree to defend, indemnify, and hold harmless A.R.I.A., its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses, including reasonable legal and accounting fees, arising from your use of the Service or your breach of these Terms of Service (TOS). This includes, but is not limited to: (i) any use of the Service through your account or computer; (ii) your violation of any term of these TOS; (iii) any claim that your use of the Service infringes any intellectual property or other rights of any third party; (iv) any alterations to the Service by you or someone using your account; (v) any misrepresentation made by you; or (vi) any breach of your agreements hereunder. You will cover all costs and damages arising from such claims. A.R.I.A. has the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this TOS, in which case you will provide us with cooperation as we may reasonably request. You also agree to pay A.R.I.A.’s reasonable legal fees incurred due to lawsuits against you by A.R.I.A. under these TOS, including those from your failure to indemnify A.R.I.A. as promised.
7. Termination
(i) You may terminate these Terms of Service (TOS), for any reason or no reason at all, at any time, by ceasing your use of the Service and destroying all materials obtained from the Service.
(ii) A.R.I.A. reserves the right, without any obligation to provide notice, to terminate the TOS or suspend your access to the Service at any time, with or without cause, and with immediate effect. If you fail to comply with any provision of the TOS, as determined in A.R.I.A.’s sole discretion, the TOS will terminate immediately without notice from A.R.I.A..
(iii) A.R.I.A. will not be liable to you or any third party for any termination or suspension of the Service, or for any claims related to the termination or suspension of the Service. Upon termination of the TOS by either you or A.R.I.A., you must stop using the Service and promptly destroy all materials obtained from the Service along with any copies. A.R.I.A. will have the sole authority to determine your compliance with the TOS, and its decision is final and not open to challenge or appeal. Any breach of the TOS may lead to limited access to the site or referral to law enforcement authorities. No amendments or waivers to the TOS will be effective unless explicitly agreed to in writing by an authorized representative of A.R.I.A.. Should your membership or access to the site be terminated, or upon A.R.I.A.’s request, you must destroy all materials obtained from the site and all copies and installations thereof. A.R.I.A. intends to assert its rights to the fullest extent permitted by law.
8. Disclaimer and limitation of liability
(i) You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, including, but not limited to, content, services, goods, or advertisements are provided "as is" and "as available." A.R.I.A. makes no warranty of any kind, express or implied, regarding the Service, including, but not limited to, warranties of merchantability, non-infringement, title, or fitness for a particular purpose or use. A.R.I.A. does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. You (and not A.R.I.A.) assume the entire cost of all necessary servicing, repair, or correction.
(ii) A.R.I.A. does not warrant that the Service is compatible with your equipment or that the Service is free of errors, viruses, worms, "Trojan horses," or any other harmful, invasive, or corrupted files. A.R.I.A. and its affiliates, agents, directors, officers, employees, representatives, successors, and assigns shall not be liable for any damages you may suffer as a result of such destructive features. A.R.I.A. is not responsible for any injury, losses, or damages arising in connection with the Service and will not be liable for any lost profits, punitive, incidental, or consequential damages. A.R.I.A. is also not responsible for the content of external websites linked to or from the Service. If you decide to access any third-party sites linked to the Service, you do so at your own risk.
(iii) You acknowledge that the Service is provided for information purposes only and is not intended for trading purposes. A.R.I.A. does not guarantee the sequence, accuracy, completeness, or timeliness of the Service. The Service may include information from stock exchanges and other sources worldwide. None of the information on the site constitutes a solicitation, offer, opinion, endorsement, or recommendation by A.R.I.A. to buy or sell any securities or provide any investment advice. The information provided is not intended for use by, or distribution to, any person or entity in any jurisdiction where such use or distribution would be contrary to law or regulation. A.R.I.A. shall not be liable for any inaccuracies, errors, omissions, or delays in the Service, or for any damages arising therefrom.
(iv) Under no circumstances shall A.R.I.A., its affiliates, subsidiaries, or any of their respective agents, directors, officers, employees, representatives, successors, or assigns be liable for any damages of any kind, including direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or in connection with the Service. In jurisdictions that do not allow the limitation or exclusion of liability for incidental or consequential damages, A.R.I.A.'s liability is limited to the greatest extent permitted by law. By accessing the Service, you waive rights with respect to claims that are at this time unknown or unsuspected. You acknowledge that you may discover or learn of additional claims or facts different from those you now know or believe to be true but intend by these TOS to fully and finally settle and release all claims associated with the Service.
9. Limitation of Liability
In no event shall A.R.I.A., its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Service.
10. Governing Law
These Terms of Use shall be governed by and construed in accordance with French law, without giving effect to any principles of conflicts of law.
11. Modifications to the Service
A.R.I.A. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that A.R.I.A. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
12. Data Protection
By using the Service, you consent to the collection and use of certain information about you in accordance with the A.R.I.A. Privacy Policy. A.R.I.A. is committed to protecting the privacy of its users; please refer to A.R.I.A.’s Privacy Policy for information and notices concerning A.R.I.A.’s collection and use of your personal information.
13. Third-Party Services and Content
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by A.R.I.A.. A.R.I.A. does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and A.R.I.A.’s Privacy Policy do not apply to your use of such sites.
14. No Waiver
The failure of A.R.I.A. to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. Any waiver of any provision of these TOS will be effective only if in writing and signed by a duly authorized representative of A.R.I.A..
15. Dispute settlement
Any dispute arising from or relating to the subject matter of this Agreement shall be exclusively heard by French jurisdictions. You agree that such disputes may be finally settled by arbitraion under Title III of the rules of the Chambre Arbitrale Internationale de Paris, at A.R.I.A.'s request.
16. Compliance, Reputational, Operational and Other Considerations
You respresent and agree that neither you nor any person acting under your direction or on your behalf will use (or permit others to use) the Service or any products or information derived from the Service in relation to activities associated with the proliferation of nuclear, chemical, or biological weapons, terrorism (including the financing of terrorism), corruption, money laundering, tax evasion, human rights abuses, or other similarly serious misconduct.
17. Economic Sanctions & Export Controls
Notwithstanding any other provision of these Terms of Service (TOS), A.R.I.A. does not claim that the Service or any products or creations derived from the Service are suitable for use in any specific location or for every purpose. Individuals who decide to access the Service do so on their own initiative and must ensure compliance with local laws as applicable.
18. Miscellaneous
Changes to the Service, waiver of rights, and the survival of certain sections post-termination are outlined here.
19. Headings
Headings are for convenience only and have no legal effect.
20. Severability
If any part of this TOS is held invalid or unenforceable, the remaining portions will remain in full force and effect.
21. Entire Agreement
This TOS, together with any additional terms and conditions or policies referenced herein, constitutes the entire agreement between you and A.R.I.A. regarding the use of the Service.