Terms of Service
Last Updated: June 28th 2018
Nessie provides an online service (the "Platform") that allows Users to exchange between themselves different blockchain tokens, which are data that typically represents transaction, access, or other participation rights on corresponding blockchain networks (collectively, "Tokens").
This site contains adult content, registration and participation on the Site is restricted to those individuals over 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Sites, you hereby represent that you are over 18 years of age and have the authority to enter into the terms herein.
You also represent and warrant that you are not a resident of a Restricted Location, which includes: The United States of America, South Korea, the People's Republic of China, excluding Hong Kong and the Republic of China (a.k.a. Taiwan). The list of Restricted States is subject to change at any time. In the event a location becomes a Restricted Location, Nessie will provide Users residing in that location with notice via email, a notification on our Site, or other means as we deem necessary, regarding their access to the Services.
You represent and warrant that you are not:
(a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services,
(b) identified as a "Specially Designated National,"
or (c) placed on the U.S. Commerce Department's Denied Persons List.
You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using this site for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities.
Nessie provides an execution-only service and does not advise on the merits of any particular transactions or their tax consequences. As a general matter, Users should be aware of the following prior to utilizing our Services.
Trading Tokens and Virtual Cryptocurrency can be extremely risky. Each particular Token and Cryptocurrency has a unique feature set that makes it more or less likely to fluctuate in value. In addition, factors well beyond Nessie's control may affect market liquidity for a particular Token or Cryptocurrency, such as regulatory activity, market manipulation, or unexplainable price volatility. Nessie does not assume the risk of losses due to trading or due to factors beyond its control regarding the viability of specific blockchain networks. Speculating on the value of Tokens is high risk and Users should never trade more than they can afford to lose.
Understanding Tokens and Virtual Cryptocurrency requires advanced technical knowledge. Tokens are often described in exceedingly technical language that requires a clear and comprehensive understanding of applied cryptography, computer science, and economic theory to appreciate inherent risks. Listing of a Token or Cryptocurrency on Nessie does not indicate approval or disapproval of the underlying technology regarding any Token or Cryptocurrency. Nessie provides you no warranty as to the suitability of the Tokens or Cryptocurrency traded under these Terms and assume no fiduciary duty in our relations with you.
You accept the risk of trading Tokens. In entering into any transaction on the Platform or Site, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction and the underlying Tokens. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying Token.
You are aware of and accept the risk of operational challenges. Nessie may experience sophisticated cyber attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service. You understand that the Service may experience operational issues that lead to delays on the platform. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold Nessie accountable for any related losses.
Nessie is a regulated entity and must comply with applicable law. Applicable law, regulation, and executive orders may require Nessie to, upon request by government agencies, freeze withdrawals or trading (or both), or provide information regarding your account. Further, our recordkeeping and customer verification procedures are subject to change at any time as required by law or industry practices. We must comply with the law and you accept any inconveniences to you or other consequences resulting from our compliance.
Users accept all consequences of sending Tokens and Cryptocurrencies to an address off our Platform. Token and Cryptocurrency transactions may not be reversible. Once you send Tokens or Cryptocurrency to an address, you accept the risk that you may lose access to your Tokens or Cryptocurrency indefinitely.
Intellectual Property Rights
All intellectual property on this site, including without limitation any trademarks, text, graphics and copyright, is owned by us or our content suppliers. We are the exclusive owner of all rights in the compilation, design and layout of this site.
Right to Use Site and Content
You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site. Multiple accounts for the purpose of defrauding, circumventing bans, soliciting or abusing Nessie services will result in immediate termination of all related accounts, including seizure of all on-site digital property. Threats towards Nessie, and Nessie Staff will not be tolerated and will result in immediate termination of all related accounts, including seizure of all on-site digital property. You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of the Company's rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose or in any other way without the Company's prior written consent.
Please ensure that any information that you provide when creating an account with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorized by that person to provide that information. You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
User Obligations and Expectations
In connection with your use of the Services and in addition to the list of prohibited activities in the Eligibility Section above, you will not:
1. Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
2. Provide false, inaccurate, incomplete or misleading information;
3. Infringe upon Nessie's or any third party's copyright, patent, trademark, or intellectual property rights;
4. Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
5. Reverse engineer or disassemble any aspect of the Site or Services in an effort to access any source code, underlying ideas and concepts, and algorithms;
6. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
7. Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
8. Otherwise attempt to gain unauthorized access to the Site, other Tidex Accounts, computer systems or networks connected to the Site, through password mining or any other means; or
9. Transfer any rights granted to you under these Terms.
We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.
All Liability Excluded
To the extent permitted by law: All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and We will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.
You agree to indemnify, defend and hold Nessie, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, attorneys, accountants, and representatives, harmless from any claim or demand (including attorneys' fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of Services, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.
Jurisdiction and Governing Law