Terms Of Service
Introduction
These terms of service (the "Terms") govern your use of the online website (the "Site") to access any services (the “Services”) provided by Spice Finance Inc (the "Company"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
Eligibility
You must be at least 18 years of age and capable of entering into a legally binding contract to use the Site. You represent and warrant that you are not a resident of a country or territory that is subject to economic sanctions or embargo by the United States or other relevant government.
Use of the Site
You are granted a limited, non-exclusive, non-transferable license to access and use the Site for your personal use. You may not use the Site for any commercial or business purpose.
Ownership
The Site and all intellectual property rights related to it, including but not limited to patents, trademarks, and copyrights, are the exclusive property of the Company. You do not have any right, title, or interest in the Site except for the limited license granted to you under these Terms.
User Representations and Warranties
By accessing or using the Services, you represent and warrant that:
(i) You have the legal capacity and authority to enter into these Terms and to use the Services in accordance with these Terms.
(ii) You will provide accurate, complete, and current information when creating an account and using the Services.
(iii) You will comply with all applicable laws, rules, and regulations in connection with your use of the Services.
(iv) You will not use the Services for any illegal or fraudulent purpose.
(v) You will not use the Services to engage in any form of harassment, discrimination, or defamatory conduct.
(vi) You will not use the Services to transmit any viruses, malware, or other harmful software or code.
(vii) You will not use the Services to engage in any form of market manipulation or insider trading.
(viii) You will not use the Services to engage in any form of money laundering or other illegal financial activities.
(ix) You will not use the Services to engage in any form of unauthorized use of another person's identity.
(x) You will not use the Services to engage in any form of unauthorized access to the systems or networks of the Company or any third-party.
(xi) You acknowledge that any breach of these representations and warranties may cause the Company to suffer damages, and you agree to indemnify the Company for any such damages.
The Company reserves the right to terminate your use of the Services if you breach any of these representations and warranties.
Prohibition of DDOS and Similar Attacks
You agree not to use the Services to engage in any form of Distributed Denial of Service (DDOS) attack or similar attack on the Company's systems or networks, or on the systems or networks of any third-party.
You agree not to use the Services to launch any type of network attack, including but not limited to, flooding, mail bombing, or other types of malicious traffic.
You also agree not to use any tool or software to conduct any form of network attack or to perform network reconnaissance.
Violation of this provision may result in immediate termination of your access to the Services and may also result in civil and/or criminal liability. The company reserves the right to take any and all appropriate legal action against individuals or entities who engage in these activities.
You will also be held responsible for any damages caused by your actions, and you agree to indemnify and hold the Company harmless from any claims, damages, losses, and expenses, including attorneys' fees, arising from or in connection with your violation of this provision.
Prohibition on Use by Certain Countries
The use of the Services is prohibited in certain countries, including the United States, Canada, North Korea, Syria, Iran, Cuba, and Russia.
You represent and warrant that you are not a resident or citizen of any of these prohibited countries, and that you will not access or use the Services from within any of these prohibited countries.
If it is discovered that you are a resident or citizen of one of these prohibited countries, or that you are accessing or using the Services from within one of these prohibited countries, the Company reserves the right to terminate your access to the Services immediately.
The Company also reserves the right to take any and all appropriate legal action against individuals or entities who violate this provision, and you agree to indemnify and hold the Company harmless from any claims, damages, losses, and expenses, including attorneys' fees, arising from or in connection with your violation of this provision.
This restriction is due to legal, regulatory and international sanctions imposed by the countries and the company is fully compliant with those regulations.
Compliance with United States Sanctions
You agree to comply with all United States sanctions and export control laws and regulations, including but not limited to the Office of Foreign Assets Control (OFAC) sanctions programs.
You represent and warrant that you are not a person or entity that is the subject of any OFAC sanctions, and that you will not use the Services to engage in any transactions with any person or entity that is the subject of OFAC sanctions.
You also agree to comply with any other sanctions or export control laws or regulations that may be imposed by any other jurisdiction.
If it is discovered that you have engaged in any transactions with a person or entity that is the subject of OFAC sanctions, or if you have violated any other sanctions or export control laws or regulations, the Company reserves the right to terminate your access to the Services immediately.
The Company also reserves the right to take any and all appropriate legal action against individuals or entities who violate this provision, and you agree to indemnify and hold the Company harmless from any claims, damages, losses, and expenses, including attorneys' fees, arising from or in connection with your violation of this provision.
The company is committed to comply with the laws and regulations of the United States and any other jurisdiction in which it operates and will not tolerate any violation of the sanctions laws by its customers.
Disclaimer of Warranties
The Site is provided "as is" and the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. The Company does not warrant that the Site will be available at all times or that the Site will be free from errors or disruptions.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, and assigns from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms of Service, or your violation of any rights of another.
This indemnification obligation will survive the termination of these Terms of Service and your use of the Services.
In the event of any third-party claim that the Services or your possession and use of the Services infringes any third-party's intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Limitation of Liability
In no event shall the Company be liable for any damages arising from or related to your use of the Services, including but not limited to, direct, indirect, incidental, punitive, and consequential damages, loss of profits, loss of business, loss of data, or any other damages or losses, whether in contract, tort, or otherwise, even if the Company has been advised of the possibility of such damages.
You agree to use the Services at your own risk and that the Company shall have no liability to you, whether based on contract, tort, strict liability, or otherwise, for any damages or losses that may arise from or in connection with your use of the Services.
You acknowledge that the Company will not be liable for any damages resulting from the unauthorized access to, alteration of, or destruction of your transmissions or data.
You agree to indemnify and hold harmless the Company and its affiliates, directors, officers, and employees from any claims, damages, losses, and expenses, including attorneys' fees, arising from or in connection with your use of the Services or your breach of these Terms.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Assumption of Risk
You acknowledge that the use of the Services involves certain risks and uncertainties, including but not limited to the following:
(i) Risk of Loss: You understand that there is a risk that you may lose access to your account, your funds, or the value of your funds due to various factors, including but not limited to technical difficulties, hacking, phishing, malware, or human error.
(ii) Risk of Hacking: You understand that there is a risk that your account or the Services may be subject to unauthorized access, including but not limited to hacking, phishing, malware, or other forms of cyberattacks.
(iii) Risk of Unauthorized Transactions: You understand that there is a risk that your account may be subject to unauthorized transactions, including but not limited to transactions that you did not authorize or that were made using stolen login credentials.
(iv) Risk of Volatility: You understand that the value of digital assets, such as cryptocurrencies, can be extremely volatile, and can fluctuate widely in a short period of time.
(v) Risk of Regulatory Changes: You understand that the regulatory environment for digital assets and other financial services is constantly changing, and that regulatory changes or actions may adversely affect the use, transfer, exchange, and value of digital assets.
(vi) Risk of Security Weakness: You understand that the Services may have weaknesses, vulnerabilities or bugs, and that any of these may be exploited by third parties to gain unauthorized access to the Services or any related systems or networks.
You agree that the Company will not be responsible for any loss or damage arising from any of the above risks, and that you assume these risks and any other risks associated with the use of the Services.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Status without giving effect to any principles of conflicts of law.
Changes to the Terms
The Company reserves the right to modify these Terms at any time and without notice. Your continued use of the Site following any changes to these Terms will indicate your acceptance of such changes.
Contact Information
If you have any questions about these Terms or the Site, please contact us at team@spicefi.xyz.
Agreement
By accessing or using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms.
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