β Terms and Conditions
Last Update: May 8, 2024
These Terms and Conditions, along with any documents referenced herein (collectively referred to as "Terms"), apply to you as an individual or the entity you represent ("you" or "your"). These Terms outline the conditions governing your access to Vibe Trading ("the Site"). If you do not agree with any section of these Terms, you shall not use the Site.
If you have any questions or comments about these Terms, please contact us at contact@vibe.trading or join our Discord and speak with an admin.
1. USE OF THE SITE
Vibe Trading serves solely as an informational site for Message Data only. βMessage Dataβ means instructions or messages entered into, transmitted through, or made available on the Site.
Vibe Trading does not operate an exchange platform or offer any trade execution or clearing services and has no oversight, involvement, or control concerning your transactions using the Site. All transactions between users of the Site are executed peer-to-peer directly between the users' blockchain addresses through third-party-developed and deployed smart contracts.
Vibe Trading is not part of any transaction on the blockchain networks underlying the Site. We do not have possession, custody, or control over any crypto assets appearing on the Site or over any user's funds. Further, we do not store, send, or receive any crypto assets. You understand that when you interact with any underlying third-party smart contracts, you always retain control over your crypto assets.
Accessing the platform may necessitate the creation of an account through a third-party service, requiring you to provide accurate and complete information. At no point does Vibe Trading collect, verify, authorize, or validate the information associated with the creation or use of these accounts. The responsibility of maintaining the confidentiality of your account credentials, including but not limited to email, username, and password, rests solely with you. You are also accountable for all activities occurring under your account. In the event of any unauthorized access or security breach related to your account, you are obliged to notify Vibe Trading promptly. However, it is important to emphasize that Vibe Trading bears no responsibility for the management or security of any third-party login methods and associated account information.
1.1. To access or use the Site, you hereby affirm the following to Vibe Trading:
If you are accessing as an individual, you confirm that you have reached the legal age in your residing jurisdiction and possess the legal capacity to agree and comply with these Terms.
If accessing as an entity, you assert that you are authorized to accept and adhere to these Terms on behalf of the entity, and all references to "you" will be directed to said entity.
You have the legal and jurisdictional capacity to use the Site and to transmit or receive Message Data through the Site.
Your use of the Site complies and will comply with:
(i) all applicable laws;
(ii) the policies and practices of any securities, futures, and/or digital asset exchange regulatory organizations applicable to you and to Message Data entered through the Site; and
(iii) You have all consents, rights, and authority, and have taken all actions necessary, to use the Site and to transmit or receive Message Data through the Site.
You are not a U.S. Person.
You are not a resident, citizen, or representative of any country facing embargoes or similar sanctions imposed by the United States, United Kingdom, or European Union ("Restricted Territories").
You are not subject to economic or trade sanctions administered or enforced by any governmental authority and are not on any sanctions list maintained by the U.S., U.K., E.U., or U.N., including the U.S. Office of Foreign Asset Control Specifically Designated Nationals and Blocked Persons List ("Sanctions Lists Persons").
You have no intentions to engage in transactions with individuals or entities residing in Restricted Territories or listed on Sanctions Lists.
You shall not employ VPNs, anonymization tools, or any other means to bypass or evade applicable restrictions or regulations.
Your access is not:
(a) prohibited by or does not otherwise violate any domestic or foreign law, rule, statute, regulation, order, protocol, code, or another directive;
(b) contributing to or facilitating any illegal activity.
1.2. As a condition to accessing or using the Site, you acknowledge, understand, and agree to the following:
From time to time, the Site may be inaccessible or inoperable for any reason, including, but not limited to:
(a) equipment malfunctions;
(b) periodic maintenance procedures or repairs;
(c) causes beyond Vibe Trading's control;
(d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure;
(e) unavailability of third-party service providers or external partners.
Vibe Trading retains the right to modify or disable access to the Site in case of a breach of these Terms or if we have grounds to suspect that your representations are incorrect or misleading.
The Site may evolve, meaning third parties may apply changes, replace, or discontinue (temporarily or permanently) the access at any time at their discretion.
The pricing information provided on the Site does not represent an offer, solicitation, or advice regarding, or recommendation to enter into, a transaction with Vibe Trading.
No Brokerage Relationship with Vibe Trading; No Responsibility for Message Data. You acknowledge and agree that:
(a) Vibe Trading is not a party to any broker-dealer for transactions resulting from Message Data sent through the Site;
(b) although the System may transmit the Message Data, Vibe Trading does not provide dealing services and is not responsible for execution;
(c) Vibe Trading is not responsible for any party to transactions from Message Data;
(d) Vibe Trading does not provide advice;
(e) Vibe Trading has no obligation to transmit all Message Data and is not responsible for inaccuracies or delays.
You are solely responsible for your use of the Site, including every digital asset transfer you initiate or receive.
To the fullest extent not prohibited by Applicable Law, Vibe Trading owes no fiduciary duties or liabilities to you or any other party.
You are solely responsible for reporting and paying any taxes applicable to your use of the Site.
We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party.
2. TRANSACTION FEES
You are required to pay all fees for transactions involving certain blockchain networks, including gas and other fees. Vibe does not receive fees for any blockchain transactions or the use of the Site.
3. DISCLAIMER OF PROFESSIONAL ADVICE OR FIDUCIARY DUTIES
The content and information provided on the Site should not be interpreted as legal, financial, business, or tax advice. We encourage users to seek professional consultation before participating in activities related to the information provided. The Site's content is for informational purposes only.
4. PROPRIETARY RIGHTS
Vibe owns all rights, names, logos, and other marks used on the Site, including any content, code, data, or other materials you access or use on or through the Site. Your use does not grant ownership rights.
Vibe may use and share any comments, bug reports, ideas, or feedback you provide, including suggestions for improvement, without any obligation to you.
5. MODIFICATION, SUSPENSION, AND TERMINATION
Vibe reserves the right to modify, suspend, or disable the Site or any subdomain at our sole discretion, without notice, for any reason. Upon termination of your access, your right to use the Site will immediately cease. We will not be liable for losses resulting from any modification, suspension, or termination.
Vibe may revise these Terms from time to time. We will notify you by updating the date at the top of the Terms and maintaining a current version. By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised Terms.
6. RISKS
The use of blockchain, smart contracts, and cryptocurrencies entails risks. Vibe does not own or control any underlying software through which blockchain networks are formed. By using the Site, you acknowledge and agree:
6.1.1. Vibe is not responsible for the operation of third-party software and networks underlying the Site.
6.1.2. There is no guarantee of the functionality, security, or availability of that software and networks.
6.1.3. Blockchain networks are subject to sudden changes that may materially affect the Site.
Vibe is not responsible for the content of any third party, including information, materials, products, or services. We do not endorse third-party resources or promotions.
The underlying blockchains and software are under development, creating technological and security risks. The cost of transacting on the blockchain is variable and may increase at any time, impacting activities on these blockchains.
Transactions are irreversible and final. No refunds.
We must comply with Applicable Law, which may require us to take certain actions or provide information.
You assume all risks in Section 6 and waive all claims against Vibe and its affiliates.
7. PROHIBITED USES
You agree not to engage in prohibited uses, including but not limited to:
Promoting illegal activities.
Engaging in improper trading practices (e.g., wash trading, front-running).
Uploading viruses or malware.
Using the Site for offensive, discriminatory, or fraudulent purposes.
Harassing others.
Misrepresenting yourself.
8. DISCLOSURES; DISCLAIMERS
Vibe is an informational site for the SYMMIO Protocol. We do not operate an exchange platform or offer trade execution or clearing services.
9. LIMIT
ATION OF LIABILITY In no event shall Vibe, its affiliates, or any related party be liable for direct, indirect, incidental, special, punitive, consequential, or similar damages arising from the use of the Site.
10. INDEMNIFICATION
You will defend, indemnify, and hold harmless Vibe and its affiliates from any claim arising out of your use of the Site, violation of these Terms, misuse, or any misrepresentation.
11. DISPUTE RESOLUTION & ARBITRATION
Vibe will use its best efforts to resolve potential disputes through informal, good-faith negotiations. If unresolved, disputes will be settled by arbitration under the ICC International Court of Arbitration.
12. GOVERNING LAW
The interpretation and enforcement of these Terms will be governed by the laws of the Bahamas.
13. GENERAL INFORMATION
Any right or remedy of Vibe set forth in these Terms is in addition to any other right or remedy.
Sections 3 through 12 will survive any termination of your access to the Site.
The invalidity of any of these Terms will not affect the validity of the others.
Vibe will not be liable for any loss due to circumstances beyond our control.
You may not assign or transfer any right to use the Site without our express written consent.
These Terms contain the entire agreement between you and Vibe.
In case of conflict between these Terms and other agreements, these Terms will control.
There are no third-party beneficiaries other than the Indemnified Parties.
If you have any questions regarding these Terms, please contact us at contact@vibe.trading.
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