Last updated: February 5, 2016
By using any of Melotic's Services in any manner, you agree that you have read and agree to be bound by and a party to the terms and conditions of the Agreement, to the exclusion of all other terms. If the terms of the Agreement are considered an offer, acceptances is expressly limited to such terms. If you do not unconditionally agree to all of the terms of this Agreement, you have no right to use any of Melotic's Services.
a. The Services are provided solely for your own use, and not for the use or benefit of any third party. Melotic may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Melotic may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
b. You must be at least 18 years old (or the applicable age of majority and contractual capacity if you reside in a jurisdiction where the age of majority or contractual capacity is above 18 years of age) to use the Services. If you are under 18, please do not attempt to register for the Services.
c. Melotic reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. In the event that you do not agree to be bound by the modified Agreement, you must cancel your account and otherwise cease accessing or using the Services.
d. You represent and warrant to Melotic that (i) all registration or identity information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; and (iii) you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
a. Registration. In order to use any of the Services, you must first register for an account ("Account"). Upon successful completion of the registration process, Melotic will establish your Account. Melotic may, in our sole discretion, refuse to allow you to establish an Account, or limit the number of Accounts that a single user may establish and maintain at any time.
b. Identity Verification. In order to use certain features of the Services, you may be required to provide with certain personal information. Melotic may also require you to answer certain questions or take actions in order to verify your identity, provide the Services to you, or to comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update this information if any information changes. You hereby authorize Melotic to, directly or through third parties, (i) make any inquiries we consider necessary to verify your identity and/or account information, and (ii) request and obtain any consumer report, credit report or similar information relating to you and to take action we reasonably deem necessary based on the results of such inquiries and reports, and hereby authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
c. Suspension/Termination and Account Cancellation. Melotic may: (a) suspend or terminate your access to any or all of the Services, and (b) deactivate or cancel your Account as required by a valid subpoena or court order, or if Melotic reasonably suspects you of using your Account in furtherance of illegal activity. You will be permitted to transfer any assets associated with your Account for ninety (90) days after Account deactivation or cancelation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. In the event that a technical problem causes system outage or Account errors, Melotic may temporarily suspend access to your Account until the problem is resolved.
d. Melotic may be required to block or restrict activity associated with your Account in accordance with regulations. Melotic is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.
e. Melotic may close your account and claim any related assets if your account has had no activity for six years. We shall notify you at your registration email address prior to taking such actions and give you at least 30 days to claim your funds.
a. In using our Services, you are solely responsible independently appraising the risks, and represent that you have sufficient knowledge, market sophistication, and experience to make your own evaluation of the merits and risks of using our Services.
b. Melotic reserves the right to refuse to process or to cancel any transaction as required by law or in response to a subpoena, court order, or other binding government order.
c. Transactions with Third Parties. Melotic has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. Melotic is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with the Services, or if you have a dispute with such third party, you must handle it directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, of if you cannot adequately resolve a dispute with a third party, you may notify support at email@example.com.
d. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of Assets, and/or to the Transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
a. The Site, Services, and their contents are intended solely for registered users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content," are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
b. The Site and the Services are protected by copyright as a collective works and/or compilations, pursuant to international conventions and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
c. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Melotic will not be liable for any errors or omissions in any content. You understand that Melotic cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Melotic cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be responsible for any damage or loss to any party resulting therefrom.
d. Under no circumstances will Melotic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
a. In addition to the other restrictions herein, you warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that:(1) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (2) violates 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 (for example, those laws, rules, or regulations governing financial services, controlled substances, unlawful gambling or consumer protections); (3) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (4) involves commercial activities and/or sales without Melotic's prior written consent or as anticipated by the Services; (5) impersonates any person or entity, including without limitation any employee or representative of Melotic; (6) imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; (7) harvests or otherwise collects information from the Site about others, including without limitation email addresses, without proper consent; (8) uses the information of another party to access or use the Site, except in the case of specific applications which are specifically authorized by a user to access such user's information; (9) acts as a reseller, payment intermediary, or aggregator of any of the Services without Melotic's consent; or (10) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
b. Melotic reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Melotic is concerned that you may have breached the immediately preceding sentence), or for no reason at all. Melotic also reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. You, not Melotic, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Melotic and to grant Melotic the rights to use such information in connection with the Services and as otherwise provided herein.
c. Authorization. You hereby certify to us that any funds used by you in connection with the Services are either owned by you or that you are validly authorized to carry out transactions using such funds.
a. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Site, and the Content solely for informational, transactional, or other approved purposes as permitted by Melotic from time to time. Any other use of the Site or Content is expressly prohibited. All other rights in the Site or Content are reserved by us and our licensors. We reserve all rights in the Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the Site or the Content, except for this express, limited license.
b. Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.
c. Third-Party Materials. From time to time, the Site may contain references or links to third-party materials (including without limitation websites) not controlled by us. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site, including without limitation content, property, goods or services available on the linked sites.
d. Application Programming Interface. Any person or entity who uses our Application Programming Interface ("API") must comply with the terms of this User Agreement and/or any other conditions as Melotic may put into place in its sole discretion from time to time. The API is owned by Melotic and is licensed to API users on a non-exclusive, non-sublicensable basis.
e. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack.
You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any Assets and/or funds held in your Account. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account has been compromised, contact support immediately at firstname.lastname@example.org.
a. Arbitration; Waiver of Class Action. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY COMPETENT COURT WITHOUT THE POSTING OF A BOND), ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE FINALLY SETTLED ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS") AND YOU AND MELOTIC HEREBY EXPRESSLY WAIVE TRIAL BY JURY. THE ARBITRATION SHALL TAKE PLACE IN HONG KONG, IN THE ENGLISH LANGUAGE AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. AT YOUR REQUEST, HEARINGS MAY BE CONDUCTED IN PERSON OR BY TELEPHONE AND THE ARBITRATOR MAY PROVIDE FOR SUBMITTING AND DETERMINING MOTIONS ON BRIEFS, WITHOUT ORAL HEARINGS. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THIS AGREEMENT SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. ADDITIONALLY, YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
b. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
c. Errors. If you think we have made an error, contact support at email@example.com. In your correspondence, you must give us information sufficient to identify you, your Account, and the transaction on which you believe an error occurred, if applicable. You must contact us within 30 days after the transaction occurred.
a. Limitations of Liability. IN NO EVENT SHALL MELOTIC, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. THE LIABILITY OF MELOTIC, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LOWER OF (A) THE ACTUAL AMOUNT OF DIRECT DAMAGES; OR (B) FEES PAID TO BY YOU IN THE PRECEDING THREE (3) MONTHS.
b. Release. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICES, YOU RELEASE MELOTIC, ITS AFFILIATES AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
c. No Warranty. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. MELOTIC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Melotic DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. Melotic MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE ANY PROCESS. SOME JURISDICTIONS STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
d. Indemnification. You agree to indemnify and hold Melotic, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of the Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
e. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and Melotic as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Melotic.
f. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Melotic without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
g. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
h. Change of Control. In the event that is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
i. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination or expiration of this Agreement.
j. Notices. You agree that Melotic may provide you with any notices or other communications about your Account and the Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your Account. Notices to us can be sent to firstname.lastname@example.org.
k. Relationship of the Parties. Melotic is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Melotic to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Melotic to be treated as the agent of the other.
l. Governing Law. This Agreement will be governed by the laws of Hong Kong.
m. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
n. Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
o. English Language. Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.