The following Standard Terms and Conditions upon which Terremoto Holdings Ltd (along with its affiliates and subsidiaries, the “Company”) offers access to the Felix Exchange and its "Website" (this site and any software provided by the Company for use with the site (www.felix.com).
These Terms and Conditions shall manage your usage of the Website, as the customer, irrespective of whether or not you are an Account holder ("You") and the use of its services provided via the Site (the "Services"). Minors or persons below the age of 18 years old shall not be allowed to use this Website, even if they are in accordance with all other policies listed herein. By using this Website, you agreed to accept all terms and conditions herein and agree to be legally bound by these Terms and all terms, policies, and guidelines incorporated by reference in these Terms. You shall not use this Website if you disagree with any of these Website Standard Terms and Conditions.
If at any time, you do not wish to accept the Terms and Conditions, you may not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms and Conditions are expressly rejected by the Company and will have no force or effect.
You understand and agree that the Company may discontinue or change the Site at any time, without notice. You also understand and agree that the Company may discontinue or restrict your use of this Site for any reason without notice.
2. Intellectual Property Rights
Other than the content you own, under these Terms, the company and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
The Company grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy, and print the portions of the Content available to you on the Site. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Agreement and your account with us. You represent and warrant that your use of the Site and the Content will be consistent with these above - listed terms of the license provided and will not infringe upon or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. The Site may contain links to third-party Web Sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. The Company does not monitor or have any control over and makes no claim or representation regarding Third-Party Content or Third-Party Sites.
4. User Restrictions
You are specifically restricted from all of the following:
- publishing any Website material in any other public or private media forum without the prior consent of the Company;
- selling, sublicensing, and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; and
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you, and the Company may further restrict access by you to any areas of this Website, at any time, without your consent. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
The content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content". Content provided by Users is called "User Content". User Content is that User's property. The Company’s only right to that User Content is the limited licenses to it granted in these Terms contained in the section, “Your Content”. Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of the Company or its licensors and is protected by international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.
6. Your Content Uploaded and/or Shared to the Website
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images, or other material you choose to display on this Website. By displaying Your Content, you grant a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. The Company reserves the right to remove any of Your Content from this Website at any time without notice.
7. Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company, on a need to know basis only, use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible as needed. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities.
8. Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
10. Account Registration
11. No warranties
This Website is provided “as is,” with all faults, and the Company expresses no representations or warranties of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted or construed as advice and is only disseminated to you, the customer, for informational purposes.
The Company does not warrant that the service from this site will be uninterrupted, timely or error-free, although it is the Company’s goal to provide these services to each user to the best of their ability. By using this service, you thereby indemnify this Company, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.
While the Company attempts to make your access to and use of the Site safe, the Company does not represent or warrant that the Site or any Content are free of viruses, phishing attempts, or other bad actors attempting to defraud you as a customer. You shall defend, indemnify and hold harmless Company and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims, and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
12. Limitation of liability
In no event shall Company, nor any of its officers, directors, and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. The company, including its officers, directors, and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You, as the website user, shall indemnify and hold harmless the Company and its directors, officers, employees, agents, stockholders, affiliates, subcontractors, and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from any act or omission of Company. You also agree to indemnify the Company in any way related to your breach of any of the provisions of these Terms and Conditions.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
15. Variation of Terms
The company is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. The Company may also, at any time and without notification, sell their interest in the Website and/or financial interest in itself to a third party for consideration. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
17. Entire Agreement
These Terms constitute the entire agreement between the Company and you in relation to your use of this Website and supersede all prior agreements and understandings.
18. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Barbados, and you submit to the non-exclusive jurisdiction of Barbados and those courts located herein for the resolution of any disputes.