Last updated: 04-29-2022
Preamble
These Terms of Use (hereinafter "Agreement") shall govern the use of the https://cocosbcx.io (hereinafter "Website") provided by Cocos-BCX (hereinafter "we", "us", or "our"). The Agreement constitute a binding and enforceable legal contract between Cocos-BCX and you (or "user"), you and Cocos-BCX are referred to separately as "Party" and collectively as "Parties".
You should read the Agreement carefully to determine which provisions apply to you, especially the terms that exempt or limit your liability, jurisdiction and governing law. By accessing or using any of the Services (as defined below), you acknowledge that you have read, understand, and completely agree to these Terms of Service, as updated and amended from time to time. Your accept of the Agreement shall be deemed as you have read and agreed to all the terms, then you promise to be fully bound by this Agreement. If you do not agree to be bound by the Agreement, please do not access or use any of the Services, and if you do access or use any of the Services, you will be bound by these terms of the Agreement.
The Agreement may be amended, changed, or updated any time and without prior notice to you. You should check back often on the Website to confirm that your copy and understanding of the Agreement is current and correct. Your non-termination or continued access or use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms, as modified by such amendments, changes, or updates.
If you are a minor, please be accompanied by a legal guardian to read carefully and fully understand this Terms. Please use the Service only after obtaining the consent of your legal guardian.
1. PREMISE OF SERVICE
This Agreement is a valid and binding contract between you and Cocos-BCX.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.You further represent that you are otherwise legally permitted to use the Tools in your jurisdiction including owning cryptographic tokens, and interacting with the Site, Tools or Content in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Cocos-BCX is not liable for your compliance or failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws.
The Tools and Services are provided on an "as is" and "as available" basis and may contain defects and software bugs. You are advised to safeguard important data, property and content, to use caution, and not to rely in any way on the correct or secure functionality or performance of the Tools.
You shall ensure the authenticity and validity of the personal/institution information provided in the process of using the Service and update the personal/institution information upon our requests if you keep using our Service. If any personal/institution information provided by you is incorrect, incomplete, or invalid, we shall have the right to suspend or terminate the provision of this Service to you or restrict you from using part of or all functions of this Service.
In the process of using the Service, you may also be required to confirm and agree to the service terms that correspond to specific products or services. Please carefully read and fully understand the content of the terms and covenants of this Agreement, and decide whether to accept the terms or not accordingly.
We reserve the right to limit the availability of the Website to any user, geographic area, or jurisdiction we so desire and/or terminate your access to and use of the Website and the Services, at any time and in our sole discretion.
We may, at our sole discretion, impose limits or restrictions on the use you make of the Website. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may withdraw the Website or your access to the Website and the Services at any time and without notice to You.
Once any amendment to the content hereof, we will make an announcement or notice by any one or more of the following means: by webpage announcement, e-mail, in-station messages, and other methods. If you continue to use the Service after the relevant content hereof has been amended, you shall be deemed as having fully read, understood and accepted the amended content hereof and will comply with the amended content hereof. If you don't agree to the amendment hereof, you shall cease to using the Service immediately.
2. Service Content
Access to the Tools is provided via a third party private key manager selected by you (e.g., a Web3 Provider, Metamask, a USB interface for Ledger Wallet, the Mist browser, or other). Security and secure access to each account in the Tools is provided solely by the third party private key manager you select to administer your private key. You and the third party private key manager you select are entirely responsible for security related to access of the Tools and all information provided by you to such third party provider (including without limitation, email or phone number). We bears no responsibility for any breach of security or unauthorized access to your account (the "Account").
You can stake COCOS Token (hereinafter "COCOS") by connecting yourWallet on the https://cocosbcx.io, then you will be eligible to participate in IGO Sale according to eligible Tiers. When using Staking service, Cocos-BCX locks User’s COCOS based on User’s preference among the period given on the https://cocosbcx.io Website for a specified period, rendering them invisible in the User’s wallet and unable to be traded, withdrawn, or otherwise disposed of in exchange for a share of Net Staking Rewards on the Website. You hereby accept that if you unstake your COCOS before the end of the locking period, we will deduct departmental COCOS as a
Only staked COCOS will be counted towards your Tier for IGO fundraising Projects participation. In other words, unstaking of your COCOS will not count towards your Tier for IGO fundraising Projects. Cocos-BCX will levy a withdrawal fee or transaction fee in the form of BNB amount, which will vary and be subject to the amendment only at its sole discretion of the Cocos-BCX periodically. Cocos-BCX will not be liable for any loss caused or alleged caused by timing differences and economic loss associated with the actual delivery of the COCOS. Cocos-BCX reserves the right to amend any terms related to any specific Staking program at any time in its sole discretion. Cocos-BCX will not be liable for any losses due to your misunderstanding of the Staking program terms and changes to such term's rules. Cocos-BCX reserves the right to reject your participation in Staking, if you fail to fulfil to satisfy the requirements or commit any other suspicious activity while participating in the Services.
Each IGO’s details are published on the Website. You shall go through and fully understand the significant information and conditions prior to participating such IGO events such as the allocation date, vesting schedule, IGO Price, the underlying technology, the features, and functions of IGO Project tokens. Cocos-BCX will make all commercially reasonable attempts to facilitate information about the Project on the Website. However, we will not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any Project information launched on the Website. You hereby acknowledge that Cocos-BCX does not guarantee the accuracy, timeliness, or completeness of such information, and does not provide any warranty in connection with your use or reliance on such information. You agree that your use of the Project information will be at all your own risk.
We grant you a personal, non-free, non-transferable, revocable, and non-exclusive right to use the Service. All other rights, which are not expressly authorized by this Agreement, shall be reserved by the Cocos-BCX. You shall ensure that you have obtained the written consent of Cocos-BCX before exercising aforesaid rights, and the Cocos-BCX's failure to exercise any of the aforesaid rights shall not constitute a waiver of such rights.
Ethereum requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Tools. You accept that the payment of the Gas Fee is inherent to the nature of the Ethereum network and alien to Cocos-BCXor due to the use of the Tools.
Binance Smart Chain (hereinafter "BSC") network requires the payment of a transaction fee (a "BNB Fee") for every transaction that occurs on the BSC network. The BNB Fee funds the network of computers that run the decentralized BSC network. This means that you will need to pay a BNB Fee for each transaction that occurs via the Tools. You accept that the payment of the BNB Fee is inherent to the nature of the BSC network and alien to Cocos-BCXor due to the use of the Tools.
Polygonscan (hereinafter "Polygon") network requires the payment of a transaction fee (a "Matic Fee") for every transaction that occurs on the Polygon network. The Matic Fee funds the network of computers that run the Polygon network. This means that you will need to pay a Matic Fee for each transaction that occurs via the Tools. You accept that the payment of the Matic Fee is inherent to the nature of the Polygon network and alien to Cocos-BCX or due to the use of the Tools.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes that may apply on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Tools (including, without limitation, any Taxes that may become payable as the result of your ownership, or transfer of any NFT and any activity conducted by you in Cocos-BCX). Except for income taxes levied on the Site, you: (i) will pay or reimburse Cocos-BCXfor all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to Cocos-BCX pursuant to these Terms.
If you reside in a jurisdiction where the Site and Services is banned (such as the United States of America, China mainland and South Korea) you must refrain from accessing Content which includes the Site and Services.
3. Account Administration Rules
You are solely responsible for all activities conducted through your Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, We may suspend or block your Account (or Accounts) according to this Agreement.
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account. You acknowledge that in the event of any unauthorized use of or access to your Account, password or other breach of security, you accept that due to the nature of the Tools and the platform itself, we will be unable to remedy any issues that arise.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part.We cannot and will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your Account.
The ownership of your account belongs to Cocos-BCXand you only have the right to use it. Please note that your account should be for your personal use only and it is prohibited to give, lend, lease, transfer, sell or otherwise license the account to others in any form without the prior written consent of Cocos-BCX. If the number of devices activated by your account reaches the upper limit, or if Cocos-BCX discovers or has reasonable grounds to believe that the User is not the original registrant of the account, Cocos-BCX has the right to suspend or terminate the provision of the Service to the registered account and cancel the account without notifying you.
You understand and agree that in order for Cocos-BCXto provide you with better service, you shall accurately provide and timely update your account information and ensure that such information is true, valid, complete, and accurate. If we has reasonable grounds to suspect that the personal information and related information you submitted is false, untrue, outdated, or incomplete, Cocos-BCX shall have the right to require you to make corrections or furnish supplementary materials, or suspend or terminate the provision of part or all of the Services as required.
In order to comply with the relevant laws and regulations and to protect the security of your account, we may verify the identity of the Users. If a User fails to complete the verifications or refuses to do so, we may suspect that your account exists a security risk, and we shall have the right to suspend the provision of the Service and take further measures.
Your acts in the process of using the Service shall be lawful. You shall be responsible for behaviors you conduct under your account, including anything you publish and any result caused thereby. You shall make your own judgment on the content thereof and bear all the risks arising from the use of such content. We shall not be liable for any losses or damages caused by the behaviors of the Users.
You shall properly keep your account, password, identity information, mobile phone verification number, and other information properly. You shall bear all the losses caused by the leakage of your password or identity information due to your own reason.
If you find that any person or entity is using your account and password without your permission, you shall notify us immediately. We will assist you in freezing your account, changing your password or making other security measures. You understand that it takes a reasonable period of time for Cocos-BCXto act on your request, and until then, we shall not be liable for the consequences (including but not limited to any losses) accrued and incurred before such actions.
Your Account (in all or part of your rights or functions) may be suspended under the following circumstances:
For the purpose of the operation and safety of the Service, if you try to interfere with the fair environment or the order of Cocos-BCXand its affiliates; Any use of the name, trademark, signal, or brand of Cocos-BCX and its affiliates which is misleading to others, or the use of English and Chinese description(full or short names), numbers, domain names, etc. with the intention of indicating having any kind of connection with Cocos-BCX or its affiliates;
Violating the terms hereof, the relevant rules or agreements of Cocos-BCX, management rules and other regulations;
Cocos-BCXfinding that there is any abnormality behavior of your account on reasonable grounds;
Violating of any law, regulation, policy or legal instrument.
4. Right to Use the Website
You hereby agree to make the following representations and warranties by accessing to the Website and/or using the Services:
You have full capacity and authority under the applicable laws to agree and bind yourself to these Terms.
You are not a citizen or a resident of the Prohibited Jurisdictions, and you do not have any relevant connection with any of the Prohibited Jurisdictions.
You are aware and agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations applicable to your use of the Website and the Services. Your use of the Website and the Services are not for any unlawful or illegal purposes.
The tokens maintained in your wallet are not and will not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under any applicable laws. You further hereby acknowledge and agree that wewill not be responsible for actions taken by you that result in the loss or destruction of the value of the tokens and rewards you hold in the Wallet.
You validly undertake any action or enter into any transaction with regard to these Terms. You are solely responsible for the use of the Website and the Services for all activities, or transactions that occur on or through your account on Website.
You will provide only accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using or participating the Services on the Website. You will further agree to put your effort to ensure that the confidentiality of your personal or credential information, including your wallet address is restricted, and safely maintained to your device you use to access the Website.
You acknowledged and agreed that if you lose access to the Wallet that you connected with Website, we will not be able to help you recover the loss, or transfer of IGO tokens or any COCOS back to your wallet. It will be your solely responsibility to manage your account, and the private key.
You will be responsible for obtaining the data network access necessary to use the Website. Your network's data and rates and fees may apply if you access or use the Website from a wireless-enabled device, and you will be responsible for such rates and fees.
You understand and are aware of the risks associated with accessing or using or participating in theServices, and you will be fully liable at your own risk.
You may not use the Service to infringe upon the legitimate rights and interests of others; otherwise, we have the right to refuse to provide the Service, and you shall bear all relevant legal liabilities. If Cocos-BCX or other parties suffer damage as a result, you shall be liable for compensation. The aforesaid acts include but are not limited to:
Infringing upon the lawful rights and interests of others such as the right of reputation, right of privacy, trade secret, trademark, copyright and patent right;
Divulging state secrets, endangering state security or damaging the honor and interests of the state;
Inciting ethnic hatred or discrimination, undermining ethnic unity or infringing upon ethnic customs and habits;
Disseminating rumors, disturbing the social order or destroying the social stability;
Insulting or defaming others, implementing the activities of fraud, hypocrisy, untruthfulness or misleading, or infringing the lawful rights and interests of others by taking advantage of the Service;
Any other conduct which we may reasonably consider improper;
Using any plug-in, system, or third-party tools which are not authorized or licensed by Cocos-BCX to interfere with, disrupt, modify or otherwise affect the normal operation of the Service;
Reversing engineering or obtain the source code of the Service in any other form;
Using the Service to engage in any activities endangering computer network security, including but not limited to: illegal intrusion into the network, interference with normal network functions, stealing network data and other activities endangering network security; Provide programs and tools specially used for intruding into the network, interfering with the normal functions and protective measures of the network, stealing network data and other activities endangering network security; Providing technical support for others who knowingly engage in activities endangering network security;
Using crawl, scrape, or otherwise cache any content from the Website, and any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the Website.
Misusing the Service, including but not limited to infringement of others' intellectual properties or legitimate rights and interests by taking advantage of the Service; or
Other acts in violation of laws, regulations, this Agreement and relevant rules of Cocos-BCX.
You understand and agree that if you breach any of the above provisions, we shall have the right, in its sole discretion, to immediately suspend or terminate the provision of part or all of the Services and take further measures, and you shall bear all your own losses and all legal liabilities.
5. Intellectual Property Right
All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website and Services are owned by or otherwise licensed to Cocos-BCX. Subject to your compliance with these Terms, we grants you a non-exclusive, non-sub license, and any limited license to merely use or access the Website and the Services in the permitted hereunder.
If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
You agree and acknowledge that all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text belongs to Cocos-BCX and is protected by copyright and/or other intellectual property rights. Under no circumstances may you shall not be modified, copied, reproduced, reused, translated, redistributed, published, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from Cocos-BCX Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of Cocos-BCX.
Third parties participating on the Website may permit Cocos-BCX to utilize trademarks, copyrighted material, and other Intellectual Property associated with their businesses. We will not warrant or represent that the content of the Website does not infringe the rights of any third party.
6. LIMITATION OF LIABILITY
You understand and agree that use of the Services and the Website is completely at your own risk. This Agreement is not exhaustive and does not disclose all the risks associated with crypto currencies and the use of Services. Therefore, you are recommended carefully consider whether such use is suitable for you in terms of your judgement, financial position, circumstances.
You understand and agree that you shall be liable for any third-party claims arising out of your use of the Services, breach of the terms of this Agreement, or any action taken under your account. If Cocos-BCX and its affiliates, employees, customers and partners are claimed by third parties as a result of this, you shall be responsible for the settlement and indemnify Cocos-BCX and its affiliates for all losses incurred thereby.
While using the Service, you are abided by the local laws, shall not harm the network security, and shall not use the service in that infringes on another person reputation, privacy, intellectual property and other lawful rights and interests of the activity, we don't you use this service the violation or breach of any responsibility, all the resulting liability shall be borne by you.
If you will use the Services hereunder, you will obtain the products or services from a third party, you may also be subject to such third party's agreements. This Agreement shall not affect your legal relationship with such third party. The products or services provided by a third party hereunder shall be the responsibility of such third party. Any liability caused thereby shall not be the responsibility of Cocos-BCX.
Technical and system failure affected the obligations stipulated in the Agreement. Cocos-BCX may experience system failures, unplanned interruptions in Binance Smart Chain Network or services, hardware or software defects, security breaches or other causes that could adversely affect our infrastructure network and Website. Our network or the services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond our control.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network or any sidechain or similar device for processing transactions, however caused.
You acknowledge and agree that the Site, the Tools and related applications are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Site, Tools or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Tools. You further expressly acknowledge and agree that Ethereum applications can be written maliciously or negligently, that we cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by Cocos-BCX in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Tools or the Site.
You understand and agree that any cryptoassets, blockchain technology or distributed ledger technology related Projects are new and relatively untested and outside of both our and our Projects’ exclusive control. Any adverse changes in market forces, the technology and regulatory environment impacting our performance under this Agreement shall absolve us from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavorable regulatory action, or unclear legal/tax status of crypto tokens.
You agree and acknowledge that we do not represent or warrant that any the Services or Website are secure from a hacker or other malicious attack, which may result in the stealing or the loss of the User confidential information or any other data. We are not able to anticipate the occurrence of hacks, cyber-attacks, mining attack.
7. Modification, Release or Suspension of Services
Due to the rapid development of the Internet industry and the perfection of legislation, the provisions of the existing cannot guarantee completely meet the needs of future development, we may from time to time to revise the terms of this Agreement and/or services in the Cocos-BCX rules, then we will inform You with website announcement, E-mail, message or other means. When necessary, we may require your further certification. The revised version will automatically replace the previous version. Please keep your attention to the terms of the Cocos-BCX. If you do not agree with all or part of this Agreement as amended from time to time, you shall immediately cease to use the Service. If you continue to use the Service after such revision or amendment, you would be considered as having fully read, understood and accepted the amended content and agree to be bound by the amended Agreement.
We may terminate services under the following circumstances:
We may unilaterally change, suspend, terminate or withdraw all or part of the Services from time to time as required by our business development;
In the event of mergers, division, acquisition or asset transfer, we may transfer the relevant assets under the Service to a third party; We may also, upon unilateral notice to you, transfer some or all of the Services hereunder to a third party for operation or performance. The specific transferee subject shall be subject to our notification;
If you violate this Agreement, the Privacy Policy or Cocos-BCX Rules of Service, we may suspend or terminate our services to you.
After the termination of this Agreement, we then have no obligation to disclose any information in your account to you or your designated third party, except as may be expressly provided by law. We shall have the following rights upon termination of this Agreement:
We may delete your personal information or make it anonymous following the requirements of applicable laws. We may also continue to preserve other content and information you leave on our platform for the time and manner stipulated by law.
For your breach of contract before the contract is terminated, we may still hold you liable for the breach of contract in accordance with this Agreement.
8. LIABILITY FOR BREACH OF CONTRACT AND INDEMNITY
Please respect the ownership and intellectual property rights of us and any third parties. If we have reasonable evidence to prove your infringement, we shall have the right to claim liability.At the same time, you shall indemnify us in full for all losses incurred by us as a result of your infringement, including but not limited to arbitration fees, legal costs, attorney's fees, travel expenses and all reasonable expenses incurred by us as a result.
If you are reported or complained about by another User, or we have reasonable evidence to find that you are suspected of violating the relevant laws and regulations, the provisions of this Agreement, Privacy Policy and other rules and regulations of Cocos-BCX, we have the right to review the relevant content at any time without further notice (including but not limited to reviewing all the User's information and materials), delete, block, and impose punishments on the offending account (including but not limited to warning, restricting or prohibiting the use of part or all functions, blocking or even canceling the account). We have the right (but no obligation) to announce the results of handling and notify the public security authority and other authorities if necessary.
You understand and agree that we have the right to punish the violation of relevant laws and regulations or this Agreement based on our reasonable judgment, to take appropriate legal action against any User who has violated the laws and regulations, and to keep the relevant information in accordance with the laws and regulations, and to report the same to the relevant authorities. You shall bear all legal liabilities arising therefrom.
You shall be fully liable for any claims, losses, damages, liabilities, costs and expenses (including but not limited to attorneys' fees) suffered by us or any third parties caused by your breach of contract, tort or illegal behavior. We may, without limitation, suspend your Account, block any infringing Content and adopt any other action deemed necessary to prevent future breaches, in addition to any other party/or any User may have at law or in equity.
Unless otherwise mandatory by law, our indemnification of Users shall be limited to direct losses and shall not cover indirect losses, incidental losses, special losses, consequential losses, punitive losses, loss of goodwill, or loss of profit, etc.
9. Binding Arbitration and Class Action WaiverPLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICA RT.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce. The following shall apply in respect of such arbitration: (i) the number of arbitrators shall be three (one nominated by each party and one nominated by the ICC); (ii) the decision of the arbitrators will be binding and enforceable against the parties and a judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereto (provided that in no event will the arbitrator have the authority to make any award that provides for punitive or exemplary damages or to award damages excluded by these Terms or in excess of the limitations contained in these Terms); (iii) the seat, or legal place, of arbitration shall be the City of Panama, Panama; and (iv) the language to be used in the arbitral proceedings shall be English, any documents submitted as evidence that are in another language must be accompanied by an English translation and the award will be in the English language. Claimants and respondents shall bear its or their own costs of the arbitration, including attorney's fees, and share equally the arbitrators' fees and ICC's administrative costs. For purposes of cost sharing, all claimants shall be considered one party and all respondents shall be considered one party. The parties shall maintain strict confidentiality with respect to all aspects of any arbitration commenced pursuant to these Terms and shall not disclose the fact, conduct or outcome of the arbitration to any non-parties or non-participants, except to the extent required by applicable Law or to the extent necessary to recognize, confirm or enforce the final award or decision in the arbitration, without the prior written consent of all parties to the arbitration.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU ANDCOCOS-BCX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: Support@cocosbcx.io. Your notice must be sent within 30 days of your first use of the Tools, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Cocos-BCX also will not be bound by them.
Changes to this Section. We will provide 60-days' notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
These Terms and the relationship between you and us shall be governed by the laws of Panama, without regard to conflict of law provisions.
For any dispute not subject to arbitration you and we agree to submit to the exclusive jurisdiction of the courts with seat in the city of Panama, Panama. You further agree to accept service of process by mail, and hereby waive any all jurisdictional and venue defenses otherwise available.
10. No Representations and Warranties
Cocos-BCX makes no representations, warranties, or guarantees to you of any kind, and to the extent permitted by applicable Laws, weexpressly disclaim all representations, warranties or guarantees, express, implied or statutory, with respect to the Website and the Services. The Website and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
You acknowledge and agree that your use of the Website and the Services is at your own risk. We do not represent or warrant that access to the Website, or the Services will be continuous, uninterrupted, timely, or secure; that the information contained in the Website and the Services will be accurate, reliable, complete, or current; or that the Website and the Services will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Website and the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Website and the Services.
11. Miscellaneous
This Agreement shall constitute the entire agreement between the Parties with respect to the matters hereof and other relevant matters, and is not granted any other rights to the parties except as expressly set forth herein.
If any provision of this Agreement is completely or partially invalid or unenforceable for any reason whatsoever, the validity and enforceability of other provisions of this Agreement shall not be affected.
This Agreement shall take effect from the date of publication and shall constitute the understanding between you and Cocos-BCX. Failure on the part of Cocos-BCX to exercise, or to exercise in a timely manner or to fully exercise, any of the rights enjoyed by Cocos-BCX under this Agreement or in accordance with law shall not be deemed as a waiver of such rights, nor shall it affect Cocos-BCX 's exercise of such rights in the future.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
We shall have the right to interpret this Agreement to the fullest extent permitted by law.
Users may contact Cocos-BCXthrough the following customer service contact information of Cocos-BCX or other officially published contact information such as mailing address, fax number, email address, etc.
Contact email: Support@cocosbcx.io