Terms Of Use

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Updated: Feb 20, 2021
These Kine Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Kine operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Kine Services (as defined below) provided by Kine (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at https://docs.kine.io/library/privacy-policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Kine Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Synthetic Assets (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Synthetic Assets and their derivatives. BY MAKING USE OF KINE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF KINE SERVICES AND TRANSACTIONS OF SYNTHETIC ASSETS AND THEIR DERIVATIVES; AND (3) KINE SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Kine Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Kine or utilize Kine services.
I. Definitions
1. Kine refers to an ecosystem comprising Kine websites (whose domain names include but are not limited to https://kine.exchange/), mobile applications, clients, applets and other applications that are developed to offer Kine Services, and includes independently-operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
2. Kine Operators refer to all parties that run Kine, including but not limited to legal persons, unincorporated organizations and teams that provide Kine Services and are responsible for such services. For convenience, unless otherwise stated, references to “Kine” and “we” in these Terms specifically mean Kine Operators.UNDER THESE TERMS, KINE OPERATORS MAY CHANGE AS KINE’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF KINE OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW KINE SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE KINE SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED KINE OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
3. Kine Services refer to various services provided to you by Kine that are based on Internet and/or blockchain technologies and offered via Kine websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Kine Services include but are not limited to such Kine ecosystem components as Synthetic Asset Trading Platforms, Kine Dapp and novel services to be provided by Kine.
4. Kine Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Kine, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use Kine or Kine Services and who meet the criteria and conditions stipulated by Kine. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
7. Synthetic Assets refer to such virtual positions that simulates the price and return of other financial or non-financial assets, indicies, and/or publicly observable data.
8. Kine Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are created by Kine for Users to record on Kine their usage of Kine Services, transactions, asset changes and basic information. Kine Accounts serve as the basis for Users to enjoy and exercise their rights on Kine.
9. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Kine Operators.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and Kine, these Terms between you and Kine Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore,THE PRIVACY POLICY ([TBD]), KINE PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND KINE ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF KINE SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.
c. Changes to These Terms
Kine reserves the right to change or modify these Terms in its discretion at any time. Kine will notify such changes by updating the terms on its website ([TBD]) and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF KINE SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING KINE SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF KINE SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING KINE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. KINE RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF KINE SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About Kine
As an important part of the Kine Ecosystem, Kine mainly serves as a global online platform for Synthetic Assets trading, and provides Users with a trading platform, financing services, technical services and other Synthetic Assets-related services. As further detailed in Article 3 below, Users must register and open an account with Kine, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets. Although Kine has been committed to maintaining the accuracy of the information provided through Kine Services, Kine cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Kine be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Kine Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Kine does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Kine or any other communication medium. All Users of Kine Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. Kine Account Registration and Requirements
a. Registration
All Users must apply for a Kine Account at (https://kine.exchange/register) before using Kine Services. When you register a Kine Account, you must provide at least one of the below three items, your Ethereum wallet address, email address and mobile number. And accept these Terms, the Privacy Policy, and other Kine Platform Rules. Kine may refuse, in its discretion, to open a Kine Account for you. You agree to provide complete and accurate information when opening a Kine Account, and agree to timely update any information you provide to Kine to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more subaccounts under the main account with the consent of Kine. For certain Kine Services, you may be required to set up a special account independent from your Kine Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this article and article 6, unless otherwise stated in these Terms or the Supplementary Terms.
b. Eligibility
By registering to use a Kine Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using Kine Services; (iv) you do not currently have a Kine Account; (v) you are a non-U.S User, unless you only log on to websites for U.S. Users and use Kine Services for U.S. Users. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of Kine Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
c. User Identity Verification
Your registration of an account with Kine will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Kine, or for other lawful purposes stated by Kine. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate. AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, KINE RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF KINE SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO KINE DURING YOUR USE OF KINE SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE KINE TO CONDUCT INVESTIGATIONS THAT KINE CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR KINE FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.
d. Account Usage Requirements
The Kine Account can only be used by the account registrant. Kine reserves the right to suspend, freeze or cancel the use of Kine Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Kine immediately. Kine assumes no liability for any loss or damage arising from the use of Kine Account by you or any third party with or without your authorization.
e. Account Security
Kine has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Kine Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Kine Account and personal information. You should be solely responsible for keeping safe of your Kine Account and password, and be responsible for all the transactions under your Kine Account. Kine assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Kine Account, you hereby agree that:
i.you will notify Kine immediately if you are aware of any unauthorized use of your Kine Account and password or any other violation of security rules;
ii.you will strictly abide by all mechanisms or procedures of Kine regarding security, authentication, trading, charging, and withdrawal; and
1.you will take appropriate steps to logout from Kine at the end of each visit.
f. Personal Data
Your personal data will be properly protected and kept confidential, but Kine has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws. Depending on the products or services concerned, your personal data may be disclosed to the following third parties:
i.your transaction counterparty;
ii.Kine Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
1.our joint ventures, alliance partners and business partners;
2.our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
3.third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
4.insurance companies or insurance investigators and credit providers;
5.credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
6.business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of Kine Operators;
7.professional consultants such as auditors and lawyers;
8.relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
9.assignees of our rights and obligations;
10.banks, credit card companies and their respective service providers;
11.persons with your consent as determined by you or the applicable contract.
III. Kine Services
Upon completion of the registration and identity verification for your Kine Account, you may use various Kine Services, including but not limited to, Synthetic asset trading, staking, acquiring market-related data, research and other information released by Kine, participating in User activities held by Kine, etc., in accordance with the provisions of these Terms (including Kine Platform Rules and other individual agreements). Kine has the right to:
· Provide, modify or terminate, in its discretion, any Kine Services based on its development plan; and
· Allow or prohibit some Users’ use of any Kine Services in accordance with relevant Kine Platform Rules.
1. Service Usage Guidelines
a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, Kine grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Kine Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Kine Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Kine Services should be stipulated in the discretion of Kine. Kine reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Kine Services in any way not expressly authorized by these Terms. These Terms only grant a limited license to access and use Kine Services. Therefore, you hereby agree that when you use Kine Services, Kine does not transfer Kine Services or the ownership or intellectual property rights of any Kine intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Kine Services, are exclusively owned, controlled and/or licensed by Kine Operators or its members, parent companies, licensors or affiliates. Kine owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Kine or Kine Services that you provide through email, Kine Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Kine. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
b. Restrictions
When you use Kine Services, you agree and undertake to comply with the following provisions:
i.During the use of Kine Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Kine;
ii.Your use of Kine Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Kine Services;
1.You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
2.Without written consent from Kine, the following commercial uses of Kine data are prohibited: 1) Trading services that make use of Kine quotes or market bulletin board information. 2) Data feeding or streaming services that make use of any market data of Kine. 3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Kine.
3.Without prior written consent from Kine, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
4.You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Kine Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Kine Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Kine Services or any Kine servers or any other systems or networks of any Kine Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Kine Services or any network connected to the properties, or violate any security or authentication measures on Kine Services or any network connected to Kine Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Kine Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Kine Services or Kine, or the infrastructure of any systems or networks connected to Kine services; (vi) use any devices, software or routine programs to interfere with the normal operation of Kine Services or any transactions on Kine Services, or any other person’s use of Kine Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Kine, or (viii) use Kine Services in an illegal way.
By accessing Kine Services, you agree that Kine has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
· Blocking and closing order requests;
· Freezing your account;
· Reporting the incident to the authorities;
· Publishing the alleged violations and actions that have been taken;
· Deleting any information you published that are found to be violations.
2. Synthetic Trading
Upon completion of the registration and identity verification for your Kine Account, you may conduct Synthetic Trading on Kine in accordance with the provisions of these Terms and Kine Platform Rules.
a. Orders
Upon sending an instruction of using Kine Services for Synthetic Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Kine’s order queue. If your order meets Kine’s trading rules, Kine will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed. To conclude a Transaction, you authorize Kine to temporarily control the Digital Currencies involved in your Transaction.
b. Cancellation
For Orders initiated through Kine Services,you may not change, revoke or cancel Kine’s authorization to complete the Order. If your account does not have sufficient amount of Synthetic Asset to execute an Order, Kine may cancel the entire Order, or execute part of the Order with the amount of Synthetic Asset you have in your account (in each case, any Transaction related fees payable to Kine are deducted as stated in paragraph (c) below).
c. Fees
You agree to pay Kine the fees specified in https://docs.kine.io/library/trading-fee. Kine may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Kine to deduct from your account any applicable fees that you owe under these Terms.
3. Staking
When participating in Staking at Kine Dapp,
you should note that:
a. Kine does not guarantee Users’ proceeds with Staking;
c. Kine has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion;
d. Users shall ensure that sources of the Digital Currencies they hold in Ethereum wallet are legal and compliant and undertake to observe related laws and regulations. Otherwise, Kine has the right to take necessary steps in accordance with these Terms or Kine Platform Rules, including, without limitation, freezing Kine Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs.
IV. Liabilities
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KINE SERVICES, KINE MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF KINE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND KINE EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, KINE DOES NOT REPRESENT OR WARRANT THAT THE SITE, KINE SERVICES OR KINE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINE DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF KINE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT KINE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY KINE AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY KINE; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY KINE.THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KINE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF KINE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF KINE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF KINE AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF KINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF KINE’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF KINE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF KINE AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF KINE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO KINE UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
3. Indemnification
You agree to indemnify and hold harmless Kine Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Kine Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Kine Services. If you are obligated to indemnify Kine Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Kine will have the right, in its sole discretion, to control any action or proceeding and to determine whether Kine wishes to settle, and if so, on what terms.
V. Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://docs.kine.io/announcement. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. KINE WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
VI. Termination of Agreement
1. Suspension of Kine Accounts
You agree that Kine shall have the right to immediately suspend your Kine Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or Synthetic Assets in all such accounts, and suspend your access to Kine for any reason including if Kine suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Kine shall not be liable to you for any permanent or temporary modification of your Kine Account, or suspension or termination of your access to all or any portion of Kine Services. Kine shall reserve the right to keep and use the transaction data or other information related to such Kine Accounts. The above account controls may also be applied in the following cases:
· The Kine Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
· We detect unusual activities in the Kine Account;
· We detect unauthorized access to the Kine Account;
· We are required to do so by a court order or command by a regulatory/government authority.
2. Cancellation of Kine Accounts
In case of any of the following events, Kine shall have the right to directly terminate these Terms by cancelling your Kine Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Kine Account on Kine and withdraw the corresponding Kine Account thereof:
· after Kine terminates services to you;
· you allegedly register or register in any other person’s name as a Kine User again, directly or indirectly;
· the information that you have provided is untruthful, inaccurate, outdated or incomplete;
· when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Kine Account or by other means;
· you request that Kine Services be terminated; and
· any other circumstances where Kine deems it should terminate Kine Services.
Should your Kine Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Kine shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above. If Kine is informed that any Digital Assets or funds held in your Kine Account are stolen or otherwise are not lawfully possessed by you, Kine may, but has no obligation to, place an administrative hold on the affected funds and your Kine Account. If Kine does lay down an administrative hold on some or all of your funds or Kine Account, Kine may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Kine has been provided to Kine in a form acceptable to Kine. Kine will not involve itself in any such dispute or the resolution of the dispute. You agree that Kine will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
3. Remaining Assets After Kine Account Termination
Except as set forth in paragraph 4 below, once a Kine Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Kine) will be payable immediately to Kine. Upon payment of all outstanding charges to Kine (if any), Users will have 5 business days to withdraw all Assets from the account.
4. Remaining Assets After Kine Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Kine maintains full custody of the Digital Assets, Synthetic Assets and User data/information which may be turned over to governmental authorities in the event of Kine Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
VII. No Financial Advice
Kine is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Kine Services. No communication or information provided to you by Kine is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Kine does not recommend that any Synthetic Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Synthetic Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Kine will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Kine.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Kine Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF KINE SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT KINE WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Kine maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
IX. Privacy Policy
Access to Kine Services will require the submission of certain personally identifiable information. Please review Kine’s Privacy Policy at https://docs.kine.io/library/privacy-policy for a summary of Kine’s guidelines regarding the collection and use of personally identifiable information.
X. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Kine first! Kine wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Kine, then you should contact Kine and a ticket number will be assigned. Kine will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Kine, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Kine. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Kine account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Kine. After you have provided the Notice of Claim to Kine, the dispute referenced in the Notice of Claim may be submitted by either Kine or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Kine for resolution internally and the delivery of a Notice of Claim to Kine are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Kine shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate. You and Kine agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Kine arising in connection with or relating in any way to these Terms or to your relationship with Kine as a user of Kine Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Kine further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”), as modified by this Section X. The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST KINE MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the ICC in accordance with the ICC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Kine is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Switzerland. Place of Hearing: The location of any in-person arbitration hearing shall be Switzerland, unless otherwise agreed to by the parties. Governing Law / Jurisdiction: The governing law of the arbitration shall be determined in accordance with the ICC Rules. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the ICC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Kine agree that any claims relating to these Terms or to your relationship with Kine as a user of Kine Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Kine further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Kine.
4. Modifications. Kine reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Kine account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, Kine may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
XI. Miscellaneous
1. Independent Parties. Kine is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Kine Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Kine reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Kine websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Kine Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Kine will not be responsible for any modification or termination of Kine Services by you or any third party, or suspension or termination of your access to Kine Services.
4. Force Majeure. Kine will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Kine’s reasonable control.
5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. You may not assign or transfer any right to use Kine Services or any of your rights or obligations under these Terms without prior written consent from Kine, including any right or obligation related to the enforcement of laws or the change of control. Kine may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
8. Third-Party Website Disclaimer. Any links to third-party websites from Kine Services does not imply endorsement by Kine of any product, service, information or disclaimer presented therein, nor does Kine guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Kine will not be liable for such loss. In addition, since Kine has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Kine Services, such activities and programs are provided by Kine and are not associated with Apple Inc. in any manner.
10. Contact Information. For more information on Kine, you may refer to the company and license information found on Kine websites. If you have questions regarding these Terms, please feel free to contact Kine for clarification via our Customer Support team at [email protected].
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