6. GENERAL SERVICE TERMS
6.1. Dispute Resolution
MyntExchange reserves the right to resolve issues and disputes at its sole discretion. Users agree to bear the costs arising from the process of dispute resolution.
6.2. Accuracy of Information
Users must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects.
6.3. Compliance with Law; Taxes
You are responsible for complying with all applicable laws related to your use of the Services, including any and all applicable taxes. MyntExchange is not responsible for determining whether taxes apply to your use of our services.
6.4. Unacceptable Use or Conduct
You will not:
• Violate any law, regulation, contract, intellectual property or other third-party rights, or commit a tort while using the Services;
• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by MyntExchange to access the Services or to extract data;
• Use or attempt to use another user’s account without authorization;
• Introduce any malware, viruses, or other harmful material to the site;
• Develop any third-party applications that interact with our Site without our
prior written consent or unless otherwise agreed;
• Provide false, inaccurate, or misleading information;
6.5. Service Fees
MyntExchange reserves the right to charge service fees to users who use its services. It is at the discretion of MyntExchange to adjust the service fees charged to users using its services. Any tax is additional. Fees are non-refundable. MyntExchange charges Companies a listing fee and management fee for the opportunity to tokenize and list on the platform.
7. ELECTRONIC NOTICES
7.1. Consent to Electronic Delivery
You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that MyntExchange provides in connection with the Services. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact MyntExchange at [email protected].
7.2. Withdrawal of Consent
You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at [email protected]. If you decline or withdraw consent to receive electronic communications, MyntExchange may suspend or terminate your use
of the Services.
7.3. Updating Contact Information
It is your responsibility to keep your email address and/or mobile phone number on file with MyntExchange up to date so that MyntExchange can communicate with you electronically. If MyntExchange sends you an electronic Communication, but you do not receive it because your email address or mobile phone number on file is incorrect or you are otherwise unable to receive it, MyntExchange will be deemed to have provided the Communication to you.
8. PROPRIETARY RIGHTS
8.1. Ownership of Services
The Services, Site, and all technology, content, data, and other materials used, displayed or provided, or received by you in connection with the Services or Site (“MyntExchange Materials”) together with all intellectual property rights in any of
the foregoing are, as between you and MyntExchange, owned by MyntExchange.
These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material appearing on our Services. You must not access or use for any commercial purposes any part of the Services or any materials available through the Services.
You may use the MyntExchange Materials solely as authorized by MyntExchange in connection with your use of the Services for as long as MyntExchange permits you to continue to access the Services. Without limiting the foregoing: you will not (a) modify or create derivative works of the Site, Services, or MyntExchange Materials, or any portion thereof, or any data or information received by you in connection therewith; (b) frame, display or incorporate the Site, Services or MyntExchange Materials in any website or any other work of authorship; (c) decompile, disassemble, reverse engineer or attempt to
discover the source code of the Site, Services or MyntExchange Materials; or (d) otherwise use the Site, Services or MyntExchange Materials for any commercial or non-commercial purpose other than their intended purposes determined at
MyntExchange’s discretion. “MyntExchange”, any product or service names, logos, and other marks used on the Site or MyntExchange Materials, or otherwise in connection with the Services, are trademarks owned by MyntExchange or its
licensors. You may not copy, imitate or use them without MyntExchange's prior written consent.
MyntExchange will own any feedback, suggestions, ideas, or other information or materials that you provide, whether by email, posting through the Services, or otherwise (“Feedback”). You hereby assign to MyntExchange all rights, titles, and
interests to Feedback, together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any
9. DISCLAIMER OF WARRANTIES
To the maximum extent permitted under applicable law, the site, the services, the MyntExchange materials, and any product, service, or other item provided by or on behalf of MyntExchange are provided on an “as is” and “as available” basis and MyntExchange expressly disclaims. You waive any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or warranties arising from the course of performance, course of dealing, or usage in trade. Without limiting the foregoing, MyntExchange does not represent or warrant that the site, the services, or MyntExchange materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
You acknowledge that your user data may become irretrievably lost or corrupted, or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third-party providers,
internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.
You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
The disclaimer of implied warranties contained herein may not apply if and to the extent, it is prohibited by applicable law of the jurisdiction where you reside.
You will defend, indemnify, and hold harmless MyntExchange, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, MyntExchange (or, at MyntExchange’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether MyntExchange wishes to settle, and if so, on what terms.
11. DISCLAIMER OF DAMAGES
In no event will MyntExchange, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors be liable for any incidental, indirect, special, punitive,
consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the site, the
services, the MyntExchange materials, any performance or nonperformance of the services, or any other product, service or other item provided by or on behalf of MyntExchange, whether under contract, statute, strict liability or other theory
(including, for the avoidance of doubt, any negligence of MyntExchange), even if MyntExchange has been advised of the possibility of such damages.
12. LIMITATION OF LIABILITY
In no event will the liability of MyntExchange, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with the site, the services, the MyntExchange materials, advertisements found on the site, any performance or nonperformance of the services, or any other product, service or other item provided by or on behalf of MyntExchange, whether under contract, statute, strict liability or other theory (including, for the avoidance of doubt, any negligence of MyntExchange) exceed the amount of the fees paid by you to MyntExchange under this agreement in the twelve months immediately preceding the event giving rise to the claim for liability.
13. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION
All disputes, controversies, or claims arising out of or relating to these Terms or the Services, will be resolved through the Nordic Arbitration Center of Iceland.
You and MyntExchange disclaim the applicability of any and all of the Consumer Rules in your jurisdiction. By agreeing to these Terms of Service, you are agreeing that (1) any rules, laws, or regulations governing “consumer” arbitrations are
inapplicable, (2) arbitration of any dispute arising out of or relating to your use of the Services, and (3) you specifically waive any right to arbitrate in any other location, including your hometown.
For disputes subject to arbitration, according to this section 13, both you and MyntExchange are giving up the right to litigate (or participate in as a party or class member) those disputes in court before a judge or jury.
14. GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed, and enforced under the laws of Iceland without regard to conflict of law rules or that would cause the application of the laws of any other jurisdiction. You agree that MyntExchange may initiate a proceeding related to the enforcement or validity of MyntExchange’s intellectual property rights in any court having jurisdiction. You waive any objection to the venue in any such courts.
If you violate any of these Terms, Mynt Exchange may, as it determines reasonably necessary, to fix or mitigate your violation and restrict your use of the Services. MyntExchange shall not be responsible or liable for any damage incurred by the user due to an action taken by MyntExchange under this paragraph. Any right or remedy of MyntExchange outlined in these Terms is in addition to, and not instead of, any other right or remedy whether described in these Terms, under statute, at law, or in equity.
15.2. MyntExchange Affiliates and Contractors
An “Affiliate” is, concerning a legal entity, another legal entity that controls, is under common control with or is controlled by the first legal entity. The Site and any Services may be operated or provided by MyntExchange, its Affiliates, or their respective contractors. To the extent that an Affiliate of MyntExchange, or contractor of MyntExchange or an Affiliate of MyntExchange, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever MyntExchange’s name occurs in these Terms.
MyntExchange’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other, all of which shall remain in full force and effect.
15.5. Force Majeure
MyntExchange will have no responsibility or liability for any failure or delay in the performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of MyntExchange, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, the action of government, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. MyntExchange
may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
15.8. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15.9. Entire Agreement
These Terms constitute the entire agreement between you and MyntExchange regarding your use of the Sites, superseding any prior version of these Terms between you and MyntExchange concerning the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any questions, feedback, comments, requests for technical support, and other communications relating to the Services should be directed to [email protected].