Terms of Use – “CrypTalks”

Effective from: June 1st, 2020

Introduction

The use of the website and/or the application “CrypTalks”, a social network and platform which enables you, among other things, to post discussions, participate in discussions, interact with other users and trade cryptocurrency (the “Website and/or Application” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy of the Website and/or the Application and according to any applicable law. By using the Website and/or Application, You signify that You agree to be bound by the Terms.

The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are aged 18 and above who are legally qualified or corporations.

The purpose of the Terms is to regulate the relations between the operator of the Website, Zheltok Ltd. (the “Operator”) and any person and/or entity using and/or accessing the Website and/or Application and the Service of the Operator. By using the Website and/or the Application, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and/or the Application and refrain from any use of the Website and/or the Application. The Operator reserves its right to terminate Your use of the Website and/or Application if You will not comply with any or all of the Terms.

The Terms determine Your access to the Website and/or Application and will apply to any of Your use in the Website and/or Application including, but not only, use of data, content and services in the Website and/or Application or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website and/or Application.

The Operator reserves its right to terminate Your use of the Website and/or Application if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website and/or Application at the time of Your use of the Website and/or Application. Therefore and prior to any use of the Website and/or Application, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website and/or Application.

The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website and/or Application, the provisions of the Terms shall prevail.

It is clarified that the Operator reserves its right to change and/or terminate the activity of the website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

The Service is active and accessible at all hours of the day at every day, and You may use it and create and post discussions and upload questions at all times. However, the activity of the Website and/or Application may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.

If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator via email: support@cryp-talk.com. It is clarified that the Operator’s contact details are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

Any use of the Service and any Content appearing in the Website and/or Application should be used solely for basic knowledge and may not be considered as personal consulting, Trader opinion, recommendation or any offer including, but not only, an offer to purchase, hold or sell cryptocurrency or any other trade. Nothing in the Website and/or Application shall be considered as a recommendation or consultation regarding any transactions. The Content provides only general knowledge and is not a replacement for the User’s independent judgment and shall not be considered as a consultation of a licensed investor adviser. It is clarified that the Operator is not making any personal calculations regarding the data, needs and unique goals of the User and does not provide any personal consultation regarding any specific transactions which fit the User’s needs and preferences.

None of the information available on the Website should be considered as mandatory information and/or advice and You are advised to consult an investment advisor or any other relevant qualified professional regarding any information available on the Website. It is further clarified that any of Your engagement with traders of cryptocurrency via the Service shall be made at Your own risk and the Operator has no liability for such actions.

Definitions

Content” means the Website and/or Application, discussions, posts and replies, information about doctors and other Traders which their details are available in the Website and/or Application, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.

Service” means the Website and/or Application, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.

Account” means the account opened by Your name in the Website including Your registration or any other use of the Service without creating an account.

Traders” means Users engaging with trading of cryptocurrency via the Services, whether buyers or sellers.

Website and/or Application Errors” means any interruption in the Website’s and/or Application’s availability due to reasons which are not directly controlled by the Operator.

You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.

Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website and/or Application during Your use of the Website and/or Application.

About the Terms and Joining as a Trader

These Terms constitute a separate agreement between You and the Operator. It is hereby clarified and agreed that the Operator is solely a platform hosting various discussions and therefore shall have no liability for any violation of the Terms by other Users or Traders using the Website including any dispute or claim between parties using the Website and/or Application, and in case of any violation of your rights by any other User or Trader, all claims You may have should be addressed to such violating party and You shall have no claims and/or demands against the Operator.

It is hereby clarified that only the Terms shall bind the Operator. Any advertising available in the Website and/or Application shall not be considered as the Operator’s recommendation or opinion regarding the willingness of the advertised Content.

Using the Service is currently free of charge apart from various features that are subject to payment as will be determined by the Operator. The Operator reserves its rights at any time and under its sole discretion to charge any additional costs for any use of the Service, in whole or in part, and reserves its rights to add additional features to the Website and/or Application which their use may be subject to payment by You and You shall have no claim against the Operator in such case.

A Trader who wishes to join the Service can fill in its details in the Website and/or Application and the Operator will contact the Trader in order to receive information which is necessary in order to join the Service as a Trader. It is clarified that the Terms including the Privacy Policy will apply to the Traders with accordance to the relevant changes.

Safe Advising and Safe Trading, Liability and Limitation of Liability

Any use of the Service and any Content You may be exposed to during Your use of the Service should be used solely for basic knowledge and may not be considered as personal consulting, expert opinion, recommendation or any offer including, but not only, an offer to purchase, hold or sell any cryptocurrency, and shall not be considered as a recommendation or consultation regarding any transactions of cryptocurrency. The Content provides only general knowledge and personal opinions of the Operator and/or other third parties and is not a replacement for the User’s independent judgment and shall not be considered as a consultation of a licensed investor adviser. It is clarified that the Operator is not making any personal calculations regarding the data, needs and unique goals of the User and does not provide any personal consultation regarding any specific transactions which fit the User’s needs and wills.

The Operator does not warrant to You that any of Your actions using the Service including engagement in cryptocurrency trading via the Service will neither provide You with a certain profit or yield, if any, nor avoid any potential loss and You are aware of the risks of Your use and You are aware that Your use of the Service is speculative. The Operator will not be liable under no circumstances to any damage and/or loss resulting from Your reliance on the Content and/or resulting from engagement with Traders and the Operator may not be considered as an entity which warranted any profit and/or yield. Any recommendations appearing in the Service are for illustrative purposes only and should not be exclusively relied on.

The Website may display various information including, but not only, trade activity times, cryptocurrency rates, notifications, financial events and more. Such information is taken from third party sources which are not controlled by the Operator and therefore the Operator shall not be liable for the correctness, accuracy and completion of such information.

Users participating in discussions and forums in the Website and/or Application, whether as spectators or participants, will be bound to the following terms in addition to all the Terms in this agreement. It is hereby clarified that the Operator has no control over the Content appearing in the Website and/or Application which is posted by Users and any of the Content available on the Website and/or Application shall not be considered as any of the Operator’s opinion, recommendation or advice regarding the Content available in the Website and/or Application.

In order to create and participate in discussions and engage in trading, the User must open an account. The Account is personal and non-transferrable.

The Operator enables the User to upload Content including, but not only, questions, articles, comments, images, video clips, audio and/or any other content which will enable the User to express its opinions (“User Content”). The following terms shall apply to the User Content in addition to the Terms.

You hereby warrant to the Operator that You will not upload and/or post, including to Your user profile, any Content including User Content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or application containing viruses, malicious software and harmful applications, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically the Website and/or Application Users.

It is forbidden to use a false identity, to impersonate, and to mislead the Operator and/or the Traders and/or the Users in any way whatsoever.

The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Website and/or Application without prior notice and under its sole discretion, and the User will have no claims against the Operator in such case.

The Operator and/or anyone on the Operator’s behalf is not responsible for any Content posted by users of the Website and/or Application (which are known as third parties) and has no ability to inspect any Content uploaded and posted to the Website and/or Application by the Users, and therefore cannot filter any of the Content and ensure all of the Users’ compliance with the Terms.

The Operator doesn’t control any Content posted and/or uploaded to the Website and/or Application and therefore cannot ensure the accuracy and/or quality of any User Content. You understand that during Your use of the Website and/or Application, You may be exposed to content which may be offensive, disturbing and/or inconvenient to You. Under no circumstances may the Operator be liable for any User Content including any error and/or omission of User Content and/or for any loss and/or damage of any kind caused by You and/or to You resulting of any of Your use of any Content which was published, uploaded, sent by email and/or available on the Website and/or Application in any way. You are aware that the Operator cannot bear any liability for any comment and/or reply You may receive regarding and discussion and/or comment and/or any other User Content posted by You. The Operator shall not be liable for any opinions and/or content and/or messages of other Users uploaded to the Website and/or Application and shall not be liable for publishing of any data and/or information in the discussions and/or in the questions addressed to the Traders and/or in any other service in the Website and/or Application.

You hereby agree and understand that the Operator has the right (but not the obligation) to refuse to publish and/or the right to remove at any time any User Content, at the Operator’s sole discretion, and the Operator reserves its rights to modify and/or remove any User Content at the Operator’s sole discretion and without giving prior notice. Without derogating from the above, the Operator has the right to remove any User Content which is violating the Terms and/or which is reported as inappropriate, and the Operator reserves its rights to refuse to provide services without giving prior notice to any user violating the Terms and/or violating other users’ rights.

The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or Application and/or resulting from Your reliance on any Content and Service available in the Website and/or Application including any advice provided by the Traders. The User shall have no claim regarding his reliance on information and Content published by Users and Traders on the Website and/or Application and regarding the fact that based on the information and Content the User did not use other services including, but not only, individual consulting and/or addressing different Traders than the Traders he addressed through the Website and/or Application. You will have no claim regarding information and Content published and available on the Website and the Operator shall not be liable for any information and Content published on the Website and/or Application and/or information acquired by third parties through the Website and/or Application.

In the Website and/or Application You will find various recommendations including, but not only, recommendations by the Traders. It is clarified that advertising and/or displaying of Content and/or any other things displayed in the Website including by the Traders shall not be considered as a recommendation or encouragement to purchase and/or use any product and/or service of the Operator, and the Operator is not liable for any of the Your actions resulting from Your reading of the Content available in the Website.

The Operator does not warrant that all links available on the Website and/or Application, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation, or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links are available on the Website and/or Application.

The Services available on the Website and/or Application may be interrupted and/or may face errors. The Operator does not warrant that the Website and/or Application will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or User Content uploaded by You.

The information and Services available on the Website and/or Application may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use if the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.

You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in the User Content You uploaded and/or sent, whether received or sent by You or not.

The Operator has no responsibility for any content appearing in advertisements appearing in the Website including any commercial offers from third parties. Any claims and/or demands You may have regarding an offer to purchase a service and/or product, whether concerning receiving of such product or service and whether concerning its outcome should be addressed to such third party which provided and/or warranted to provide such service and/or product, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any offer of service and/or product.

Contacting Third Parties

You are solely responsible for contacting any third parties including, but not only, Traders available on the Website and/or Application and any private conversation with other Users. You hereby declare that You are ware that the Operator doesn’t necessarily verify all the information available and posted by the Traders and/or anyone on their behalf which their details appear on the Website and/or Application, and You shall not have any claim against the Operator regarding false information received by a Trader. With derogating from the above, the Operator reserves its rights, at any time, to monitor, inspect, verify and/or filter any Content uploaded by the Traders.

The type of advising You may receive from Traders is determined by the Trader, and the Operator and/or anyone on its behalf doesn’t control and/or isn’t responsible for such advising, even if any information was transmitted via the Operator. For the avoidance of any doubt, the Operator serves solely as a social network enabling conversations between users and Traders and the Operator doesn’t interfere with any advising procedure. It is clarified that there are no partnership or employment relationships between the Traders and the Operator.

The Operator has no responsibility for any of the Content appearing by the Trader in the Website and/or Application, and it is Your responsibility to verify all the relevant details regarding the transaction Your are engaging in. Any claims and/or demands You may have regarding the consulting and/or its outcomes including, but not only, any dispute between You and a Trader You contacted via the Service should be addressed to the third party including the Trader which gave him the advice, and you shall have no claim against the Operator regarding such consulting. For the avoidance of any doubt, the Operator does not provide any personal consultation regarding any specific transactions which fit the User’s needs and wills.

Intellectual Property

All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.

Without derogating from the above, the Website and/or Application, the discussions, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.

You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website and/or Application without the Operator’s prior and written consent.

You may use the Content solely for Your own personal use and not make any commercial use of the Content. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.

You warrant no to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.

By using the Website and/or Application You agree that as long as the Website and/or Application is active, any of Your User Content will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights. It is clarified that the Operator may use any User Content under its sole discretion provided that such use will be reasonable and legal by any applicable law.

The Operator may, at its sole discretion, add to the User Content its name, logo or any other text.

The ownership and the intellectual property rights of contents of third parties including images displayed in the Website and/or Application are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website and/or Application. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website and/or Application, including any future changes to the Third Party Agreements.

The Operator allows You to upload and search for images using the “Bing” search engine. It is clarified that these images are not stored in the Operator’s servers and are not uploaded and/or recommended by the Operator, and the Operator doesn’t claim any rights in such images including any ownership rights, and any use of such images is at Your own responsibility.

The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: support@cryp-talk.com.

Use of Personal Information

The Operator respects the privacy of all users of the Website and/or Application. Information regarding use of Your information can be found in the Privacy Policy.

Upon registration, You will be requested to choose a username and a password and to provide some personal details. Such details are necessary in order to allow You to access limited areas in the Website and/or Application. It is Your responsibility to keep such details with discretion and to update Your username and password occasionally so only You will be able to use them. The Operator and/or anyone on the Operator’s behalf will not be liable for any unauthorized use of Your account and/or personal area by anyone who uses Your details without Your permission.

Mailings

The Operator may offer You to receive email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails and SMS (the “Mailings”).

Upon registration, You will be requested to provide personal information such as phone number and email address. You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.

Security

The Website and/or Application are protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and/or Application and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website and/or Application including, but not only, theft of information of other users and breaching the security mechanisms of the Website and/or Application. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and/or Application and taking legal actions against You in such case.

Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

Term and Termination

This Agreement commences on the day You start using the Website and/or Application and continues until You refrain from any use of the Website and/or Application and the Operator’s services.

The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of the above the Operator shall, where possible, give reasonable notice of such termination.

The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and/or Application and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website and/or Application will be considered as consent to such amended terms.

The Operator reserves its rights to shut down the Website and/or Application or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.

All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

General Terms, Governing Law and Messages

This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted

The Account is personal and non-transferrable.

If You have any inquiries regarding the Terms, You may address the Operator via email address support@cryp-talk.com.

The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.

This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.

All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.