Terms of Service.
There are risks associated with cryptocurrency, including a high risk of loss. Loss of principal is possible. Some high risk investments may use leverage, which will accentuate gains & losses. Cryptocurrency involves special risks, including a greater volatility and political, economic and currency risks. A past investment performance is not a guarantee or predictor of future investment performance. Art of Aping is for informational purposes only and does not constitute legal, investment, financial, or other advice and is not responsible for any loss that you may incur.
THIRD PARTY LINKED SITES
As a convenience to you, Art of Aping may provide hyperlinks to web sites operated by third parties. When you select these hyperlinks you will be leaving the Art of Aping Discord. Because Art of Aping has no control over such sites or their content, Art of Aping is not responsible for the availability of such external sites or their content, and Art of Aping does not adopt, endorse or nor is responsible or liable for any such sites or content, including advertising, products or other materials, on or available through such sites or resources. Other web sites may provide links to the Discord or Content with or without our authorization. Art of Aping does not endorse such sites and shall not be responsible or liable for any links from those sites to the Discord or Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Art of Aping may, in its sole discretion, block links to the Discord and Content without prior notice.
While we try to maintain the integrity and security of the Discord and the servers from which the Discord is operated, we do not guarantee that the Discord or Content is or remains secure, complete or correct, or that access to the Discord or Content will be uninterrupted or error free. The Discord and Content may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Discord or Content.
LIMITATION OF LIABILITY YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND CONTENT IS TO STOP USING THE SITE AND CONTENT. Art of Aping IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER INTANGIBLES. IN PARTICULAR, AND WITHOUT LIMITATION, Art of Aping WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR CONTENT.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent or agreement that you transmit on or through the Discord or any other aspect of Art of Aping’s services that you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on a “Submit” or “I agree” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. You further agree by interacting with information provided by Art of Aping on it’s website, or Discord, Twitter, Telegram, Instagram or any other social media and or platform or services that you are agreeing it is for informational purposes only and accepting the terms and conditions provided herein.
LIMITED RIGHT OF USE/OWNERSHIP OF CONTENT
You are permitted to use the Discord and Content for your personal, non-commercial use only. The Discord and Content are and shall remain the property of Art of Aping and is protected by copyright, trademark, patent, and/or other intellectual property, proprietary, work product rights and laws. You may use the Discord and Content for your personal, noncommercial use, provided that you keep intact all copyright, trademark, patent and other proprietary notices. Except as expressly authorized in advance by Art of Aping in writing, you agree not to reproduce, modify or create derivative works based on any part of the Discord or Content. All trademarks and service marks on the Discord not owned by Art of Aping are the property of their respective owners. Nothing contained on the Discord should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Art of Aping’s trade names, trademarks or service marks without our express prior written consent.
Art of Aping, in its sole discretion, may terminate your access to or use of the Discord, website, Social Media platforms and Content, at any time and for any reason. Your access to or use of the Discord and Social Media and other Content may be terminated without notice. Art of Aping shall not be liable to you or any third party for any termination of your access to the Discord or Content, or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
RULES OF CONDUCT
Your use of the Discord, website, Social Media and Content is conditioned on your compliance with the rules of conduct set forth here. You will not: • Use the Discord or Content for any fraudulent or unlawful purpose.
• Interfere with or disrupt the operation of the Discord or Content or the servers or networks used to make the Discord and Content available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Discord or Content (including without limitation by hacking or defacing any portion of the Discord or Content).
• Use the Discord or Content to advertise or offer to sell or buy any goods or services without Art of Aping’s express prior written consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Discord or Content.
• Modify, adapt, reverse engineer, de-compile/disassemble any part of the Discord or Content.
• Remove any copyright, trademark or other proprietary rights notice from the Discord or materials originating from the Discord or Content.
• Frame or mirror any part of the Discord or Content without Art of Aping’s express prior written consent.
• Create a database by systematically downloading and storing Content.
• Use any robot, spider, Discord search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Discord without Company’s express prior written consent.
By accessing and using the Discord, Social Media and Content, you agree to indemnify, defend and hold harmless Art of Aping (specifically including its officers, directors, owners, partners, employees, agents, information providers, licensors and licensees) (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these Terms and (b) your use of or activities in connection with the Discord, including but not limited to swap, spot, or future trades. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
The Discord is controlled and operated by Art of Aping from the State of Wyoming, United States, and is not intended to subject Art of Aping to the laws or jurisdiction of any country or territory other than that of the State of Wyoming, United States. Art of Aping does not represent or warrant that the Discord, Social Media, website, Content or any part thereof is appropriate or available for use in any particular jurisdiction other than the State of Wyoming, United States. In choosing to access the Discord, Social Media and Content you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Discord’s availability to any person, geographic area or jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of the State of Wyoming.
AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available on the Discord or through other Services, such as this website, Discord, Twitter, Telegram, Instagram or any other social media and or platform or services. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
PAYMENTS AND BILLING
Our Services may be subject to payments now or in the future (the “Paid Services”). Paid Services may include without limitation purchasing Private Content through the Services from the provider of such Private Content. Please see the Discord, Social Media or applicable documents provided by us for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Current Information Required.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS.
Auto-Renewal for Subscription Services.
Unless you opt out of auto-renewal, which can be done through your Account settings, any subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your subscription Services at any time, go to Account settings. If you terminate a subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at ArtOfAping@gmail.com
Entire Agreement and Severability.
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Discord, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.