Terms and Conditions of Use
2. ACCEPTANCE OF TERMS
2.1 Any kind of use of the Website, or subscription applications made to and accepted by upcomingcoin, and any Subscription Services offered by upcomingcoin via the Website shall be subject to the following Terms and Conditions. upcomingcoin reserves the right to update the T&C at any time without notice to either Users or Subscribers. The most current version of the T&C can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of the Website. No other terms will apply to Users or Subscribers unless agreed in writing by an authorised signatory of upcomingcoin or expressly stated otherwise in these T&C. 2.2 For the avoidance of any doubt, and as these T&C are subject to change at upcomingcoin’s convenience, the version of the T&C that shall apply is the latest version as made available on the Website. 2.3 A reference to a statute is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. 2.4 A reference to one gender includes a reference to all other genders and a reference to the singular includes a reference to the plural and vice versa. 2.5 Condition headings do not affect the interpretation of these Conditions.
3. APPLICATION OF TERMS
3.1 Subject to any variation under Condition 3.5, these Conditions are the only Conditions upon which upcomingcoin is prepared to allow access to Website content to Users or take into consideration subscription applications by Subscribers or offer Subscription Services to Subscribers; and they shall govern Website use, subscription applications and Subscription Services to the entire exclusion of all other terms or conditions of Users and Subscribers, their agents or employees (including any terms or conditions which the Subscriber purports to apply under any acknowledgement or acceptance of subscription application or other document). 3.2 Subscribers whose applications were successful and have been granted access to Subscription Services, are allowed to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. Subscribers shall be exclusively and unconditionally responsible for Subscriber Material posted on the Website, including its legality, reliability, and appropriateness. By posting Subscriber Material on the Website, Subscribers represent and warrant that: (i) Subscribers own such Subscriber Material and/or they have the right to use it and the right to grant upcomingcoin the rights and license as provided in these Terms; (ii) that the posting of Subscriber Material on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and (iii) that Subscriber Material does not include any defamatory or reputation-harming content. upcomingcoin reserves the right to terminate the subscription and/or access to the Website of anyone found to be infringing on a copyright, and for the posting to Website defamatory and/or reputation-harming material. 3.3 Subscribers retain any and all of their rights to any Subscriber Material they submit, post or display on or through the Website and they are responsible for protecting those rights. upcomingcoin takes no responsibility and assumes no liability for Subscriber Material Subscribers or any third parties post on or through the Website. However, by posting Subscriber Material using the Website Subscribers grant upcomingcoin the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Subscriber Material on and through the Website. Subscribers agree that this license includes the right for upcomingcoin to make Subscriber Material available to Users, who may also use your Subscriber Material subject to these T&C. upcomingcoin has the right but not the obligation to monitor and edit all Subscriber Material provided by Subscribers. 3.4 In addition, Subscriber Material found on or through this Website is the property of upcomingcoin or it is used with permission. Users may not distribute, modify, transmit, reuse, download, repost, copy, or use said Subscriber Material, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from upcomingcoin. 3.5 Each application for subscription made by a Subscriber shall be deemed to be an offer by the Subscriber to access upcomingcoin Subscription Services. upcomingcoin has the right to ask for further information, documents and conduct any due diligence necessary on the applying Subscriber before accepting the Subscriber’s Application. upcomingcoin shall either expressly accept by giving notice of acceptance, or impliedly by granting access to Subscription Services. Any form of acceptance by upcomingcoin would result to a contract between upcomingcoin and the Subscriber, governed by these T&C and expressing the intentions of the upcomingcoin and the Subscriber to create legal relations with each other and to be bound by these T&C. 3.6 No subscription application shall be considered to be accepted by upcomingcoin until the applying Subscriber has fully complied with upcomingcoin due diligence requests and has received the relevant confirmation email. upcomingcoin shall attempt to notify the applying Subscriber in case upcomingcoin declines to accept a subscription application using the email address or other contact information the applying Subscriber has provided with the application. 3.7 Both upcomingcoin and the Subscriber acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of the other which is not set out in these T&C or in any confirmation email; without however such confirmation email constituting an amendment of these T&C. Nothing in these T&C shall exclude or limit either party’s liability towards each other for fraud or fraudulent misrepresentation. 3.8 Users should pay particular attention to section 7 on “Limitation of Liability” below.
4.1 The prices of the Subscription Services are as set out on the Website and upcomingcoin reserves the right to change prices without prior notice at any time. Up-to-date information can always be found on the Website at https://www.upcomingcoin.com/. 4.2 Prices offered on the Website are exclusive of VAT. upcomingcoin shall add VAT at a rate applicable at the time the application is made.
upcomingcoin accepts payments only Bitcoins and to the Bitcoin address prescribed each time when submitting a new ICO entry through the Website or otherwise specified in writing by a upcomingcoin representative.
6. WARRANTIES & REMEDIES
7. LIMITATION OF LIABILITY
upcomingcoin WILL NOT BE LIABLE TO EITHER USERS, SUBSCRIBERS OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS OR LOST BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO ANY WEBSITE USE OR SUBSCRIPTION SERVICES GOVERNED UNDER THESE T&C OR THE TRANSACTIONS THEY CONTEMPLATE (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER upcomingcoin HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT WILL upcomingcoin’S LIABILITY TOWARDS SUBSCRIBERS EXCEED THE PRICE THE SUBSCRIBER PAID TO upcomingcoin FOR THE SUBSCRIPTION SERVICES PROVIDED BY upcomingcoin GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. THE SUBSCRIBER RECOGNISES THAT THE AMOUNTS PAYABLE FOR THE PURCHASE OF THE SUBSCRIPTION SERVICES ARE BASED IN PART IN THESE LIMITATIONS AND FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8.1 upcomingcoin is neither an investment advisor nor an investment broker. No content or information on the Website constitutes – or should be understood as constituting – a recommendation to enter in any securities transactions or investment, nor an endorsement, recommendation or rating of any project or investment. upcomingcoin does not provide personalised recommendations or views as to whether a project or investment approach is suited to the financial needs of a specific individual. 8.2 upcomingcoin does not offer accounting services or advice. upcomingcoin is neither an accounting firm nor a law firm. No content on the site constitutes – or should be understood as constituting – legal or tax advice. upcomingcoin does, therefore, recommend that you should seek independent advice by engaging a licensed professional.
9. SANCTIONED COUNTRIES & LIMITATIONS
9.1 Users and Subscribers shall not, directly or indirectly, use the Website in order enter into transactions with any country or entity under sanction administered by the United Kingdom, the European Union or other country. 9.2 Users and Subscribers also certify that the Website shall not be used in connection with, directly or indirectly, the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
10. FORCE MAJEURE
upcomingcoin will not be liable for any Website downtime or for failure to perform its obligations under these T&C due to causes beyond its reasonable control including, but not limited to unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Such Website downtime or delay in performance of obligations by upcomingcoin will be extended by the period of such force majeure related delay or upcomingcoin may, at its option, cancel any Subscription Services or remaining part thereof, without liability, by giving notice to the Subscriber.
11. INTELLECTUAL PROPERTY
The Website and its original content (excluding Subscriber Material or other content provided by Users), features and functionality are and will remain the exclusive property of upcomingcoin and its licensors. The Website is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of upcomingcoin.
12. DATA PROTECTION
13.1 upcomingcoin may terminate or suspend Subscribers’ access to Subscription Services and bar access to both Users and Subscribers to the Website immediately, without prior notice or liability, under its sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these T&C. If Subscribers wish to terminate their access to Subscription Services, they should email firstname.lastname@example.org and simply discontinue using the Website. 13.2 All provisions of these T&C which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranties, disclaimers, indemnity and limitations of liability.
14. GOVERNING LAW & JURISDICTION
14.1 The use of and access to Subscription Services by Users and Subscribers respectively, based on these T&C as applicable from time to time, shall be governed by and interpreted in accordance with English Law and Users and Subscribers submit themselves to the non-exclusive jurisdiction of the English courts, without this, however, limiting Coinchedule’s ability to enforce these T&C in any court of competent jurisdiction. 14.2 If any provision of these T&C is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the T&C and the remainder of such provision shall continue in full force and effect.
15. THIRD-PARTY RIGHTS
No express term of these T&C nor any term implied under it is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
16. NO WAIVER
16.1 Failure or delay by either upcomingcoin or Users or Subscribers in enforcing or partially enforcing any provision of these T&C shall not be construed as a waiver of any of its rights under these T&C. 16.2 Any waiver by either party of any breach of, or any default under, any provision of these T&C by the other shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of these T&C.