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These UPB Terms of Use is entered into between you (hereinafter referred to as “you” or “your”)
and UPB operators (as defined below). By accessing, downloading, using or clicking on “I agree”
to accept any UPB Services (as defined below) provided by UPB (as defined below), you agree that
you have read, understood and accepted all of the terms and conditions stipulated in these Terms
of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at
https://www.upbonline.com/Home/Privacy. In addition, when using some features of the Services,
you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of UPB Services.THESE TERMS CONTAIN
IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED
BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in
Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with
any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and
there is a substantial risk of economic losses when purchasing, selling, holding or investing in
Digital Currencies and their derivatives.BY MAKING USE OF BINANCE SERVICES, YOU ACKNOWLEDGE AND
AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES
AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF BINANCE SERVICES AND
TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) BINANCE SHALL NOT BE LIABLE
FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
This Website is offered and available to Users who are eligible to enter into a contract. By using this Website, you represent and warrant that you are of legal age and legally competent to form a binding contract with us and if you do not meet these requirements, you must not access or use the Website.
IF YOU WISH TO USE OUR WEBSITE, PLEASE ENSURE THAT YOU ARE PERMITTED TO DO SO IN YOUR JURISDICTION. You are solely responsible for ensuring that your use of this Website is in compliance with all laws, rules and regulations applicable to you. Your right to access the Website is revoked when you breach these Terms or when use of the Website is prohibited in your country and, in such circumstances, you agree not to use or access the Website in any manner.
Please refer to our Privacy Policy for information about how UPB collects, uses and discloses information about its users.
You may be asked to register on the Website to access or avail ertain products and services on the Website. To register a new user account, you need to provide your personal information including but not limited to your full name, email address and contact information (“Account”). You must agree and authorize us to, directly or indirectly (via a third party), undertake the necessary checks and inquiries concerning the accuracy and truthfulness of the information provided.
Unless otherwise indicated on the Site, the Site and all content and other materials on the
Site, including, without limitation, the UPB logo and all designs, text, graphics, pictures,
information, data, software, sound files, other files and the selection and arrangement thereof
(collectively, “UPB Materials”) are the proprietary property of UPB or its licensors or users
and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and UPB
Materials subject to these Terms. Except as expressly permitted on the Site, in these Terms or
otherwise in writing by UPB, such license does not include: (a) any resale or commercial use of
the Site or the UPB Materials; (b) the distribution, public performance or public display of any
UPB Materials; (c) modifying or otherwise making any derivative uses of the Site and the UPB
Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering
or extraction methods; (e) downloading (other than the page caching) of any portion of the Site,
the UPB Materials or any information contained therein; or (f) any use of the Site or the UPB
Materials other than for its intended purpose. Any use of the Site or the UPB Materials other
than as specifically authorized herein, without the prior written permission of UPB, is strictly
prohibited and will terminate the license granted herein. Such unauthorized use may also violate
applicable laws, including, without limitation, copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms
will be construed as conferring any license to intellectual property rights, whether by
estoppel, implication or otherwise. This license is revocable at any time.
The Site may include interactive areas or services (“Interactive Areas”) in which you or other
users may create, post, send or store ads, messages, materials, data, information, text, music,
sound, photos, video, graphics, applications, code, links or other items or content on the Site
(“User Content”). By using the Site, you agree not to post, upload to, transmit, distribute,
store, create or otherwise publish or send through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or
otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party or that would otherwise create liability or violate any local,
state, national or international law;
c. User Content that may impinge upon the publicity, privacy or data protection rights of
others, including pictures or information about another individual where you have not obtained
such individual’s consent;
d. User Content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party. By posting any User Content, you represent and
warrant that you have the lawful right to distribute and reproduce such User Content;
e. User Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity;
f. Viruses, corrupted data or other harmful, disruptive or destructive files; or
g. User Content that, in the sole judgment of UPB, is objectionable or which restricts or
inhibits any other person from using or enjoying the Interactive Areas, the Site, or which may
expose UPB, to any harm or liability of any type.
UPB and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by UPB, including but not limited any third party advertisements or promotions (collectively the “Third Party Content”) as a service to those interested in this information. UPB does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that UPB is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. UPB is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding UPB or the Site (collectively, “Feedback”) that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of UPB. UPB will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Ripple, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
UPB PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE OR THE UPB MATERIALS. THE SITE AND UPB MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UPB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. UPB DOES NOT REPRESENT OR WARRANT THAT UPB MATERIALS OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE UPB ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, UPB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.