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Cryptopedia Site Policy
Last updated: December 28, 2020
Cryptopedia Site Policy
Welcome to the www.gemini.com/cryptopedia website (“Cryptopedia” or the “Site”) operated by Gemini, a digital asset platform operated by and proprietary to Gemini Trust Company, LLC, a New York trust company (d/b/a Gemini Exchange, LLC in AZ, CA, DE, FL, HI, ID, IL, KS, KY, MA, MI, MN, NC, ND, NM, OH, OR, SD, UT, and VA; d/b/a Gemini Exchange in AK and WA) (collectively, “Gemini”, “we,” “us,” and “our”). When you access this Site, you are agreeing to be bound by the following Cryptopedia Site Policy (“Site Policy”), as well as the Gemini Privacy Policy linked here (“Privacy Policy”) and the Gemini User Agreement (“User Agreement”) linked here.
We may make changes to this Site Policy at any time without notice to you. If we make any changes to this Site Policy, we will update its “Effective Date.” Your continued use of the Site after our posting of changes to this Site Policy means that you agree to be bound by such changes.
Warranty Disclaimer
We do not guarantee that access to or use of this Site will be uninterrupted or error free, and we shall not be liable for any feature not being accessible or for any unavailability of this Site. We may expand, limit, or modify the Site and its features at any time without advance notice or reason. We may also, in our sole discretion, discontinue providing, temporarily or permanently, any or all of the Site, without prior notice.
Limitations on Use
You must be at least 18 years of age to access or use the Site. The Site is strictly for your personal, non-commercial use. You may not modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Gemini source code or similar proprietary or confidential data or other similar information provided via the Site, without our express prior written consent. You may not attempt to interfere with the functioning of the Site in any way or use Cryptopedia for any unlawful purpose.
Intellectual Property and Copyrights
All content provided on the Site (the “Content”) is owned and/or licensed by or to Gemini, and is protected, without limitation, by copyrights, trademarks, and other intellectual property or proprietary rights therein pursuant to U.S. and international laws (see https://gemini.com/legal-notice). Content shall include all such content accessed by you through the Site at any time. You agree to protect the proprietary rights of Gemini in the Site and Content during and after Site operation, should Site access be terminated at any time. Further, you agree to comply with all reasonable requests made by Gemini to protect its and others’ contractual, statutory, and common law rights in the Site and Content. You acknowledge that Gemini owns and/or licenses the copyrights, trademarks, and other intellectual property or proprietary rights in and to the Site and Content under U.S. and international laws, and that Gemini has reserved all rights in and to the Site and Content.
The Cryptopedia name and all related logos constitute the trademarked property of Gemini. The absence of a name, logo, or other mark herein does not constitute a waiver of any and all intellectual property rights that Gemini has established. The use or misuse of Gemini’s trademarks, copyrights, or other intellectual property or proprietary rights, except as expressly permitted by the Site Policy, is prohibited and you shall promptly notify Gemini at cryptopediasupport@gemini.com if you know or suspect that any of Gemini’s intellectual property rights have been violated or infringed.
If you discover any Content that you believe to be in violation of your intellectual property or other proprietary rights, please report this to us by email at cryptopediasupport@gemini.com, including the following information:
- An electronic or physical signature of the owner of an intellectual property or other proprietary right that you can claim has been infringed (the “Rights Owner”) or a person authorized to act on behalf of the Rights Owner;
- Identification of the property that you claim has been infringed and any applicable registration(s), including the registration number(s) and the country or jurisdiction;
- Identification of the material that you claim is infringing, including the URL(s) of such material on the Site;
- Contact information, including the name of the Rights Owner, and your name, title, address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the material that you claim is infringing is not authorized by the Rights Owner, its agent, or the law; and
- A statement made under penalty of perjury, that the information provided in your notice is accurate and you are the Rights Owner or are authorized to act on behalf of the Rights Owner.
License to Use Site Content
Subject to the Site Policy and your compliance therewith, Gemini hereby grants you a limited, personal, non-exclusive, non-sub-licensable, and non-transferable license to use the Content and Site, in each case solely for your personal use. You agree not to use the Site or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Site or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, alter, enhance, provide access to or in any way exploit the Site or Content in any manner without Gemini’s express consent, not to be unreasonably withheld, in writing. In the event that you receive permission from Gemini to engage in any of the foregoing activities, you must display all copyright notices for the Content and provide credit to the original author of the work, by displaying the author’s name, the Cryptopedia name or logo, and a link to the Cryptopedia page where the original Content was sourced. If you breach any of the Site Policy terms, the above license will terminate automatically.
No Individual Investment Advice
The information provided on the Site does not constitute investment, financial, or trading advice, and you should not treat any of the Site content as such. We do not recommend that you purchase, sell, or hold digital assets or related financial instruments referenced on the Site. This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual’s situation is unique, you are solely responsible for verifying that the Content is appropriate for your personal use, including, without limitation, by consulting a qualified professional prior to making any financial decisions.
Content Limitations
We strive to ensure the accuracy of the information listed on the Site; however, we do not guarantee the reliability of this information and will not be held liable for any errors, omissions, or inaccuracies. We instruct Content authors to use primary sources to support their work. These include project websites, whitepapers, news publications, government data, and academic publications. The Site and Content are provided “as-is” and “as available” at your sole risk. In the event that Content is provided by third parties, Gemini shall not be responsible or liable for any errors, omissions, or inaccuracies in the Site content. Any investment, accounting, or legal strategies reflected in the Content on this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the United States and may not be relevant to or compliant with the laws, regulations, or other legal requirements of other countries. It is your responsibility to determine whether, how, and to what extent your intended use of the Content and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any Content before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of Gemini or its management. The Site and Content may be modified by us at any time, without advance notice or reason, and Gemini shall have no obligation to notify you of any corrections or changes.
Links
We may provide links to other sites or resources as a convenience to you. Because we do not review and have no control over such sites and resources, we are not responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this Site Policy.
Notice and Waiver of Conflicts
We and our affiliates, shareholders, controlling persons, principals, directors, managers, officers, employees, and representatives or their respective affiliates (“Related Parties”) may directly or indirectly, including through interests in other entities, own or control particular entities, digital assets or related financial instruments referenced on the Site. Without limiting any of our obligations to you under this Site Policy and to the extent permitted by law, you hereby agree to waive any claim or other similar cause of action, whether direct or indirect, against us or our Related Parties, in which there is asserted a breach of fiduciary duties, conflict of interest, or other similar violation or offense with respect to, or arising out of, the Content.
Disclaimer of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, GEMINI SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SIMILAR DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF) IN CONNECTION WITH THESE TERMS OF USE.
MOREOVER, AND ALSO EXCEPT TO THE EXTENT REQUIRED BY LAW, WE NOR SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT DAMAGES OF ANY KIND (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF) IN CONNECTION WITH THESE TERMS OF USE.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF GEMINI OR CRYPTOPEDIA. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF GEMINI, CRYPTOPEDIA, AND THE INFORMATION THEREIN.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO ANY DAMAGE OR INTERRUPTIONS CAUSED BY ANY COMPUTER VIRUSES, SPYWARE, SCAMWARE, TROJAN HORSES, WORMS, OR OTHER MALWARE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING, DOMAIN TYPOSQUATTING, OR OTHER ATTACKS, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO GEMINI OR CRYPTOPEDIA.
IF THIS DISCLAIMER OF LIABILITY SECTION IS DEEMED TO CONFLICT WITH ANY OTHER SECTION OF THE USER AGREEMENT, THIS DISCLAIMER OF LIABILITY SECTION SUPERSEDES THE OTHER SECTION.
Governing Law
This Site Policy, Privacy Policy, and User Agreement constitute the entire agreement between you and Gemini governing your access to and use of the Site. In the event of contradictory terms, the User Agreement shall control. Any controversy, claim, or dispute arising out of or relating to this Site Policy or the breach thereof shall be settled solely and exclusively by binding arbitration held in New York, New York, administered by National Arbitration and Mediation ("NAM") and conducted in English in accordance with the then prevailing NAM rules and procedures (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"). Please see the Dispute Resolution section of the User Agreement for the complete set of terms that govern any arbitration between you and Gemini.
No Waiver
This Site Policy shall not be construed to waive rights that cannot be waived under any applicable laws or regulations. In addition, our failure to insist upon your strict compliance with any term or provision of this Site Policy shall not be construed as a waiver for you to not comply with such term or provision.
Contact Information
Gemini Trust Company, LLC
600 Third Avenue, 2nd Floor
New York, NY 10016
Customer Support: +1 (866) 240-5113 (toll-free in the USA)
Twitter: @GeminiSupport
© Copyright 2020 Gemini Trust Company, LLC.™