Termos e Condições | MarketCapOf

Last updated 3rd of April 2023

Please read these terms and conditions carefully before using our website.

I. Acknowledgment

These are the Terms and Conditions governing the use of this website and the agreement that operates between you and the company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the website.

Your access to and use of the service and its associated content is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the website.

These provisions constitute a legally binding agreement between you and us. If you disagree with any part of these Terms and Conditions, then you may not access the website.

You represent that you are over the age of 18. The company does not permit those under 18 to use the website.

You accept and acknowledge that the information provided by us through the website does not constitute professional, financial, and/or investment advice, and no information on the website constitutes a comprehensive, complete, or correct presentation of the issues discussed. By using the website and/or its services, you agree not to hold us liable for any possible damages arising from any decision that you make based on the information or other content made available through the website.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and us and/or our affiliates as a result of these Terms or use of the website.

Your access to and use of the website is also conditioned on your acceptance of and compliance with the Privacy Policy of the company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our service.

II. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

Country refers to: Romania
Company (referred to as either "the company", "we", "us" or "our" in this Agreement) refers to DMG Venture Capital S.R.L., with the headquarter in Iași Municipality, Calea Chișinaului, no. 104BIS-106, floor 1, room 1, Iași County, company number 38437119.
Device means any device that can access the service such as a computer, a cellphone, or a digital tablet.
Service refers to the website.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between you and the company regarding the use of the service.
Third-party social media service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the service.
Website refers to MarketCapOf, accessible from https://www.marketcapof.com.
You means the individual accessing or using the service and its associated content („visitor”, „user”), or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable. Also, it can mean the individual who is acting on behalf of a company or other legal entity with which we have entered into a business relationship.

III. Description of the service

MarketCapOf is the tool created to give you the opportunity to compare cryptocurrencies by market capitalization so that you know how far their prices can go if you want to invest.

The service is for your personal, non-commercial use only, unless you enter into a separate agreement with us for commercial purposes.

The other services offered by the Website include the placement of advertisements, support, and consultancy in their launch, provided by our team, and informing the public, through the Learn section, about the basic notions of market capitalization.

IV. License

MarketCapOf provides content through the service that is copyrighted and/or trademarked by MarketCapOf, its licensors, and suppliers (collectively, the "Content"). For the avoidance of doubt, Content includes all Content accessible at any time. You acknowledge and agree that the service is developed, prepared, reviewed, selected, and arranged by MarketCapOf and such third parties and constitutes valuable intellectual property of MarketCapOf and others.

MarketCapOf hereby provides you a limited, personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content and utilize this service, in each case solely for personal use. This license is subject to these Terms and your compliance with these Terms. You consent to not making any commercial use of the service or any Content.

You have no further rights to the Service or any Content besides the aforementioned license. It is forbidden to alter, edit, copy, distribute, reproduce, sell, rent, lease, loan, create derivatives, build any indexes, reverse-engineer, modify, enhance, give access to, or otherwise use the services or Content for commercial gain.

The aforementioned license will instantly expire if you violate any of these Terms.

V. Prohibitions

By accepting these terms, you agree that you will not:

Create, develop, copy, or modify, alone or in association with other natural or legal persons, derivative works of the website or the content;
Copy, interfere with the content/any data or information to obtain a benefit for oneself or another or trade, sell or rent the content or the access to the services, whether commercially or free of charge;
Use automated means, including scripts, robots, bots, spiders, crawlers, and/or any computer applications/programs that may deceive or simulate certain activities or statuses on the website or, in any way, exploit certain functions or vulnerabilities of the website to obtain advantages, for themselves or other users, regarding the use of the services offered through the website;
Make excessive information requests or take any other action that interferes with, disrupts, or places an undue burden on the services, or any server or network connected to the service, or that has a negative impact on the speed or functionality of the website;
Violate any security measure intended to limit or prevent access to the website, content, or services;
Make any attempt to gain unauthorized access to the services, any content, or any computer systems or networks linked to the services or any server, whether through hacking, password mining, improper use of another person's password or login information, or any other method;
Use the website, content, or services for or in connection with any activity that is against any law or regulation that may be in force, (ii) involves the proceeds of any illegal activity.

VI. Intellectual property

The Content, design, structure, and other materials used within the website, are protected by national and international laws regarding intellectual property rights.

We offer visitors a personal, global, free, non-transferable, and non-exclusive license to use the website. The license is for the sole purpose of enabling you to access our website and/or its services in accordance with the provisions of this set of Terms and Conditions (Section 4).

You have no right to copy, reproduce, download, store, modify, (re)distribute, publish, display, sell, rent, lease, or use (either in printed, electronic, or another format) any part of the website/ any Content in whole or in part, in any way that does not comply with these Terms without our prior written permission. You are not entitled to recreate or attempt to extract the source code of the website unless you have our written permission. You acknowledge that we and our providers own the copyright in and to all Content under the applicable laws (including copyright laws and other intellectual property laws), and we have reserved all rights in and to such Content.

Any trademarks, signs, or logos (hereinafter collectively the “Trademarks”) displayed on the website or in connection with our services are registered and/or unregistered Trademarks belonging to us. No content or section of the website and/or any reference to the services may be construed as representing a license or other right to use, imitate, or copy Trademarks, in whole or in part, or any derivative thereof. The use or misuse of MarketCapOf’s trademarks or other intellectual property, except as expressly permitted by these Terms, is prohibited.

All other product names, company names, and registered trademarks that are mentioned on the website are the property of their respective owners. By using a trade name, trademark, manufacturer, supplier, or any other identifier, we do not represent or suggest that we support, sponsor, or otherwise recommend any products, services, processes, or other information.

VII. Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the company. When you leave the website, whether via a link on the website or through your web browser, mobile device, or other navigational tools, the information you view is not provided by us.

The company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You agree that we will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources, and/or content available on or through any third-party website or services, for any dealings or communications you may have with third parties, or for any harm, damages or loss caused or alleged to be caused by or in connection with any of the foregoing or your use of or reliance on the materials or the content or business practices of any third party.

A link to a third-party website does not imply our sponsorship, approval, affiliation, or endorsement of that third-party website or third-party products or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

VIII. Termination

We may suspend, terminate, or block your access to the services, in whole or part, temporarily or permanently, for any violation or suspected violation, as we determine, without notice. Your breach of these Terms will be considered a breach of contract.

Upon termination, your right to use the website will cease immediately.

Considering the type of violation of these terms, we reserve the right to report to the competent authorities the respective violation, the author of the breach, or other data that could contribute to sanctioning the person/entity responsible.

IX. Limitation of Liability

Although we make every effort to provide access to the website and its services to as many users as possible, given the technical diversity of hardware devices, operating systems, and other technical specifications, we cannot guarantee the compatibility and correct operation of all devices and operating systems used by you.

Liability for the proper functioning of the website and the availability of any service is excluded.

We reserve the right to deny you access to our service at any time for reasons beyond our reasonable control.

We cannot be held liable for any malfunctions or difficulties in using any service caused by the operation of the IT devices used by you, power outages, communication network failures, and other technical problems related to the equipment/services provided by third parties directly to you and for which we are not responsible.

The website and its associated content are strictly for informational purposes. No element on the website should be interpreted as an offer from us for any kind of currency, financial instrument, investment advice, or recommendation (to purchase a currency, financial instrument, or develop an investment strategy).

We do not express any views on the predicted or future value of any currency, investment, or other interest. We don't expressly or inferentially endorse or recommend any particular investment approach.

Also, there may be errors or inaccuracies in the Service and the Content published within. We make no promises regarding the service's or any content's security, availability, timeliness, correctness, or integrity. Additionally, we take no responsibility for any mistakes or other inaccuracies found in the service or the Content.

To the maximum extent permitted by law, we shall not be liable for any:

any errors, mistakes, or inaccuracies in the content;
property damage of any kind resulting from accessing or using the service;
unauthorized access to or use of our servers and/or all information stored thereon;
bugs, viruses, trojan horses, or similar that may be transmitted to/through the Service by third parties;
any loss or damage resulting from any error or omission in any content or use of any content posted, transmitted, or otherwise made available through the service;
any third party's defamatory, offensive, or illegal conduct.

In no event will we (and our respective officers, directors, employees, members, agents, and affiliates) be liable for the following:

indirect, punitive, incidental, or consequential losses or damages for lost profits arising out of/in any way connected with your access to/use of the service or with the delay or inability to access, display, or use the service;
any computer viruses, information, software, linked services, products, and services obtained through the service or otherwise arising out of the access to or use of the service, whether based on a theory of negligence, contract, tort, or strict liability.

X. "AS IS" and "AS AVAILABLE" Disclaimer

The website is offered "AS IS" and "AS AVAILABLE," without any guarantees from the company or its affiliates and with all flaws and imperfections. The company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may result from a course of dealing, course of performance, usage, or trade practice, on its own behalf and behalf of its Affiliates (and on behalf of its and their respective licensors and service providers).

In addition to those mentioned above, the company makes no guarantees or warranties of any kind regarding the service's ability to satisfy your needs, achieve any intended results, be compatible with other programs, applications, systems, or services, run without interruption, adhere to any performance or reliability requirements, be error-free, or that any errors or defects can be fixed.

Some jurisdictions don't allow the exclusion of certain warranties or limitations on your statutory rights. In this case, some or all of the exclusions and limitations in this section may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent possible under the law.

XI. Force majeure

In cases of force majeure, we will be released from our obligations.

According to the Romanian Civil Code, force majeure is any external, unpredictable, absolutely invincible, and unavoidable event. According to the International Chamber of Commerce from Paris, are included in this category events such as (but not limited to):

war (declared or not), armed conflict or a severe threat thereof, hostilities, invasion, an act of a foreign enemy, extensive military mobilization;
civil war, uprising or revolution, military or illegitimate power, insurrection, civil disturbance or disorder, mass violence, an act of civil disobedience;
act of terrorism, sabotage, or piracy;
act of the authority, legal or illegal, acquisition to any law or government order, rule, regulation or directive, state of emergency, expropriation, forced acquisition, seizure of factories, requisition, nationalization;
a natural event, scourge, epidemic, or natural disaster such as but not limited to, violent storms, cyclones, typhoons, hurricanes, tornados, blizzards, earthquakes, volcanic activity, landslides, high tides, tsunami, flood, damage or destruction by lightning, drought;
explosion, incident, destruction of machines, equipment, factories, and any other kind of installations, prolonged interruption of transport, telecommunications, or electricity
generalized labor conflict such as, but not limited to, boycott, strike, closure of the enterprise, reduction of work pace, and occupation of factories and premises.

These events lead to the exclusion of responsibility also in the situation in which they occur at the level of subcontractors, sub-suppliers, and their subcontractors.

In case of force majeure, we will inform you within a maximum of five (5) days from the occurrence, and we will communicate the proof issued by the competent authorities 15 (fifteen) days from the occurrence. Also, we will inform you of its termination within 15 (fifteen) days from the termination of the respective situation.

XII. Enforcement

We may suspend, terminate, or block your access to the website and its services, in whole or in part, temporarily or permanently, for any violation or suspected violation, as we determine, without notice. Your breach of these Terms will be considered a breach of contract.

XIII. Indemnification

You agree to hold us (and our members, managers, officers, employees, partners, consultants, contractors, affiliates, and successors) harmless from and against all third-party lawsuits, actions, proceedings, and claims and forfeit all liabilities, damages, and expenses (including reasonable legal fees) arising out of, related to, or connected with:

your use/misuse of and access to the website or the content;
your violation of any of these Terms;
your violation of applicable laws and regulations;
any claim that any information provided by you to us in connection with the website, including the content, caused damage to, infringed upon, misappropriated, or otherwise violated the rights of any third party, including infringement, misappropriation, or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity;
any dispute you have with any third party relating to or in connection with the Service or Content.

We reserve the right to take sole responsibility for any matter that would otherwise be subject to your indemnification at our expense. In this case, you agree to work with us in full cooperation as we assert and pursue any applicable defenses.

XIV. Applicable Law and Jurisdiction

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the service.

All disputes arising out of/ in connection with these Terms and Conditions or your use of or access to the service will be resolved in the first instance amicably. If the parties do not reach an agreement, then they will be settled by the competent courts on the territory of Romania.

XV. Modification of the Website or the Terms and Conditions

We may periodically modify and improve the website and/or the services provided through it. We may add or remove functionality or features of the website. We may also suspend or cease partially or entirely, temporarily, or permanently, the operation of the Website and/or the provision of any of the services.

At least 15 days before any amendment to the Terms and Conditions (e.g., to correspond to changes in the legislation or services provided by us), we will publish a notice on the website regarding the change in the T&Cs. The information will cover the provisions to be amended and the date on which the updated version of the Terms will enter into force by publication in accordance with the above provisions. Please check the Website frequently to stay informed on all the updates on the Terms and Conditions.

During the notice period regarding the modification of the T&Cs, you have the right to terminate the Agreement by sending a written notification. In this case, the Agreement terminates within 15 days of the written notice of termination (and you will no longer be able to use our website and/or the services) unless a shorter period has been provided for in the notice. Continuance to use the website after the expiration of such terms is considered acceptance of the relevant amendments.

The minimum notice period of 15 days shall not apply if:

the amendment is subject to a legal or regulatory obligation under which there is an obligation to amend the T&Cs;
the change must be implemented to deal with an unforeseen and imminent threat to the protection of the services or users from fraud, malware, spam, data security breaches, or other cybersecurity risks.

XVI. Final provisions

You cannot assign the rights and obligations granted hereunder without our written consent. We may assign the rights and obligations under this set of terms.

If any term or provision of these Terms and Conditions or any document included or referred to in these terms is considered by a competent court to be contrary to law, the respective term or document will be removed, and the rest of the provisions will not be affected. Also, to the extent permitted by law, the application of that provision to individuals/legal entities, or circumstances other than those to whom it is invalid or inapplicable shall not be affected by its nullity. Each policy provision shall be valid and applicable to the extent permitted by law.

In the event of discrepancies between this set of Terms and Conditions and the specific terms and conditions, the specific terms and conditions will prevail.

This set of terms governs the relationship between you and us. Unless expressly stated otherwise, it does not create any rights for third parties. No provision shall be construed as establishing a partnership, a joint venture, a principal-agent, or an employee-employer relationship between you and us. Neither party shall have any right, power, or authority, express or implied, to legally represent the other.

XVII. Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our website. You agree that the original English text shall prevail in the case of a dispute.

XVIII. Contact Us

If you have any questions about these Terms and Conditions, please feel free to reach us at the following addresses:

DMG Venture Capital SRL
Headquarters Address: Iasi Municipality, Calea Chișinaului, no. 104BIS-106, floor 1, room 1, Iasi County.
E-mail: [email protected]

Terms & Conditions