1. General
1.1. Welcome to Shift Kinrix Opt (hereinafter the "Website").
1.2. This Website contains information about third-party platforms for trading Bitcoin (hereinafter the "Third-Party Platforms") (hereinafter the "Service").
1.3. These Terms of Use ("Terms") govern your ("you", "your" or "User") use of the Website or the Service. Please read these Terms carefully in their entirety before using the Service. Please note that these Terms constitute a legally binding agreement between you and us, and if you do not agree to any of the provisions of these Terms, you must immediately stop using the Website. By using the Website, you agree to the Terms, as amended from time to time.
These Terms incorporate our Privacy Policy, and by agreeing to these Terms, you also agree to and accept our Privacy Policy (you can review the Privacy Policy here).
2. Eligibility
2.1. You are entitled to use the Website only if you comply with all of the following:
2.1.1. You are at least 18 years old.
2.1.2. You have the right, authority and capacity to agree to these Terms and to comply with all of these Terms.
2.1.3. You are not prohibited from using this Website and/or the Service under the laws of the country of your residence or the country from which you access the Website and/or use the Service.
2.2. We make no representations or warranties, express or implied, as to the legality of the Website and/or the Service and/or the use of the Website and/or the Service by any individual, and we are not responsible for any illegal use of the Website and/or the Service by a User.
3. Restricted Territories
3.1. Notwithstanding the generality of the above, we may, at our sole discretion, restrict the use of the Website and/or the Service (or any part thereof) to (i) users in any territory ("Restricted Territory"), (ii) users who do not comply with our AML (anti-money laundering) and/or KYC (know your customer) policies and practices, or (iii) users whom we reasonably determine expose you to legal, regulatory, reputational or economic risk.
3.2. The territory of [usa'canada'] is expressly excluded from these Terms and constitutes a Restricted Territory.
3.3. If the legal or regulatory environment of a relevant territory (and/or actual or proposed changes therein) means that our continuing to provide, or make available to users of that territory, the Website and/or the Service (or any part thereof) may expose us to risk, we may notify you of our decision to designate that territory as a Restricted Territory, following which notice you shall immediately cease using the Website and/or the Service.
3.4. We may, at our sole discretion, impose additional requirements or conditions before accepting users residing in, or coming from, certain countries. Furthermore, it is acknowledged that the Website and/or our Service may become unavailable and/or blocked to users if they travel to a Restricted Territory.
4. Prohibited Activities
4.1. You agree to use the Website and the Service respectfully and agree that you shall not:
4.1.1. (a) link to and/or use the Website to upload, download, distribute, publish or transmit information or other material in a manner that infringes rights such as intellectual property rights, privacy rights; (b) information or other material whose publication or use is prohibited as constituting a threat, harm, insult, defamation, disparagement, racism or inappropriate content; (c) information or other material, including viruses or other software that could damage our or third parties' computer systems or restrict or prevent the use of the Website by others; (d) information or other material that violates the law; or (e) information or other material, including any type of advertising, without our prior written permission.
4.1.2. Remove or alter any attribution, legal notice, other designation or property label on the Website.
4.1.3. Use the Service through an interface other than the Website.
4.1.4. Interfere with the use of the Website and/or the Service by other users.
4.1.5. Use bots or other automated methods to access or use the Website and/or the Service.
4.1.6. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for collecting or transmitting information, including, but not limited to, web bugs, cookies, or other similar spyware devices, without our express permission.
4.1.7. Engage in framing, mirroring, or otherwise simulating the appearance or function of the Service.
4.1.8. Encourage or facilitate illegal conduct that violates applicable laws or regulations, including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, piracy, or the cracking or distribution of counterfeit software.
4.1.9. Make changes to the Website's source code, interfere with it in any way, or load software or applications that could harm or damage the company, the Website, or any other third party.
4.1.10. Disassemble, decompile, or reverse engineer any software or other technology contained on the Website or used to provide the Service.
4.2. You acknowledge that, without prejudice to our other rights, if we are concerned that your use of the Website does not comply with the provisions of these Terms or applicable law, we may track your use of the Website or the Service, prevent access to the Website, transfer a record of your behavioral patterns to third parties, and take any other action we deem appropriate to protect our property and/or rights and/or the rights of third parties.
5. Intellectual Property Rights
5.1. The Website and its content, including video material, text, photographs, logos, designs, music, sound, diagrams, brands, and other content contained on the Website, are protected by intellectual property rights belonging to us or third parties.
5.2. As between us and users, we retain all rights, title, and interest in the Website and the Service. Use of the Website and/or the Service does not grant the user any intellectual property rights embedded in the Website and/or the Service, other than the right to use the Website and/or the Service in accordance with these Terms.
5.3. Users may use the Website and/or the Service solely for personal and non-commercial purposes.
5.4. Users may not permit other parties to modify, decompile, disassemble, reverse engineer, copy, transmit, create derivative works, rent, sublicense, distribute, reproduce for framing, republish, scrape, download, display, transmit, post, in any form or by any means, in whole or in part, for any purpose other than using the Website or the Service in accordance with these Terms, or lease or sell without our express and prior written permission, or otherwise misuse the Website's content.
6. Limitation of Liability
6.1. Use of the Website and/or the Service is at your own risk and expense. To the extent permitted by law, we disclaim all warranties, express or implied, in connection with the Website and Service and their use, including implied warranties of merchantability, ownership, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Accordingly, the Service, including all content and functionality available on or accessed through the Website, is provided "as is", "as available", and "with all faults".
6.2. Notwithstanding the generality of the above, we are not responsible for (a) any errors, mistakes, or inaccuracies of content contained on the Website; (b) any interruption or cessation of transmission to or from the Website or through the Service; (c) any errors, viruses, trojans, and the like that may be transmitted to or through the Website or the Service by third parties.
6.3. You agree to hold the company harmless from any losses incurred by you and/or any other third party, directly or indirectly, in connection with the Website and/or the Service, and you are solely responsible for decisions you make based on the content of the Website and/or the Service.
6.4. In no event shall we be liable to you or any third party for any special, direct, indirect, incidental, special, punitive, or consequential damages, including loss of profit or loss of data, arising from your use and/or inability to use the Website, the Service, or any other material accessed or downloaded on or through the Website or as part of the Service, whether based on warranty, contract, tort, or other legal theory, and whether or not we have been warned of the possibility of such damages. Also, should a judicial authority determine that we are liable, such liability shall not exceed US$1,000. The above limitations of liability apply to the fullest extent permitted by law in the applicable jurisdiction.
6.5. You expressly acknowledge that we are not responsible for user content or any third party's defamatory, offensive, or illegal conduct, and that the risk of damage or harm arising therefrom rests entirely with you.
6.6. We are not responsible for problems or technical malfunctions of any telephone or network lines, online computer systems, servers or providers, hardware, software, failures due to technical problems or congestion of internet traffic (or inability to access the internet), or incompatibility between the Website or Service and your browser and/or other equipment. Notwithstanding the generality of the above, we assume no responsibility or risk for your use of the internet.
7. Third-Party Content or Services
7.1. While using the Service, you may see content or services provided by third parties, such as advertisements or reviews on Third-Party Platforms.
7.2. We do not control, endorse, or adopt such content or services, and they are not always accurate or up to date.
7.3. We therefore recommend that you independently verify all information before relying on it; any decisions or actions taken based on such information are your sole responsibility.
8. Links
8.1. The Website may contain links, content, advertisements, promotions, logos, and other material from other websites or software controlled or provided by third parties ("Links"). We recommend that you make sure you understand the risks associated with the use of such websites, software, or material before obtaining, using, relying on, or purchasing anything through those websites or software, or based on such material. Such Links are provided solely for your convenience, and you agree that in no event shall we be liable for any loss or damage arising from the use of or reliance on content, goods, or services available on other websites or software.
8.2. The inclusion of a Link on the Website does not constitute an endorsement, approval, sponsorship, affiliation, or any other relationship between us and those websites, software, or their operators.
8.3. We have not reviewed some or all of these Links and are not responsible for the content of the referenced websites or software. We recommend that you make sure you understand the risks associated with the use of such websites or software before recovering, using, relying on, or purchasing anything through those websites or software. In no event shall we be liable for any loss or damage arising from the use of or reliance on content, goods, or services available on other websites or software.
9. Miscellaneous
9.1. We may, at our sole discretion, modify, change, or discontinue any of the Services from time to time, and/or introduce new services. We are not responsible for any loss you incur as a result of such changes, and you shall have no claim against us in this regard.
9.2. We may change these Terms from time to time. When we do, we will post the most recent version and notify you by checking the date at the top of this page; changes will take effect immediately upon posting. If you continue to use the Website after the changes take effect, you will be deemed to have accepted the revised Terms.
9.3. The user agrees that the transmission of information to or from the Website does not create a relationship between the user and the company that deviates from that specified in these Terms.
9.4. These Terms and the Privacy Policy, as amended, constitute the sole valid agreement between the company and the user, and there are no representations, promises, agreements, or commitments, whether written or oral, not contained in the terms of the Privacy Policy, that bind the parties.
9.5. Any failure or delay on our part in exercising any right, power, or resource under the provisions of this document shall not constitute a waiver thereof, nor shall any single or partial exercise of any right, power, or resource preclude any other or further exercise of any other right, power, or resource.
9.6. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable under applicable law, that provision shall be excluded from these Terms, and the remaining provisions shall be interpreted as if the excluded provision had never existed and as enforceable in accordance with their terms; provided, however, that in such case, these Terms shall be interpreted so as to give effect, to the greatest extent possible, to the meaning and intent of the excluded provision as determined by that court, in accordance with what is permitted by applicable law in that jurisdiction.
9.7. We may assign or transfer all of our rights and obligations under this document to a third party. Notwithstanding the foregoing, any of the Website and/or the Service may be operated by a third party. You may not assign, transfer, or pledge your rights or obligations under these Terms.