Last revised: 5 march 2022
Please read the terms carefully as they govern your use of Artdot-Tech™© 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 ARTDOT-TECH™© 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 ARTDOT-TECH™© SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) ARTDOT-TECH™© SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Artdot-Tech™© Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Artdot-Tech™© or utilize Artdot-Tech™© services.
2. Artdot-Tech™© Operators refer to all parties that run Artdot-Tech™©, including but not limited to legal persons (including Artdot-Tech™© International), unincorporated organizations and teams that provide Artdot-Tech™© Services and are responsible for such services. For convenience, unless otherwise stated, references to “Artdot-Tech™©” and “we” in these Terms specifically mean Artdot-Tech™© Operators. UNDER THESE TERMS, ARTDOT-TECH™© OPERATORS MAY CHANGE AS ARTDOT-TECH™©’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF ARTDOT-TECH™© OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW ARTDOT-TECH™© SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE ARTDOT-TECH™© SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED ARTDOT-TECH™© OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
3. Artdot-Tech™© Services refer to various services provided to you by Artdot-Tech™© that are based on Internet and/or Artdotchain or blockchain technologies and offered via Artdot-Tech™© websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Artdot-Tech™© Services include but are not limited to such Artdot-Tech™© ecosystem components as Digital Asset Exchange Platforms, Artdot-Tech™© App, Artdot-Tech™© NFT Artdot Marketplace, Artdot-Tech™© NFT Artdot, Artdot-Tech™© Gallery, Artdot-Tech™© Exchange, Artdot-Tech™© FT Artdot, Artdot-Tech™© Wallet, Artdot-Tech™© Verifications, Artdot-Tech™© Laboratory, Artdot-Tech™© Premium, Artdot-Tech™© Academy, Artdot-Tech™© Information, Artdot-Tech™© Transactions, Artdot-Tech™© Collections, Artdot-Tech™© Research, Artdot-Tech™© Fiat, Artdot-Tech™© CSR (Corporate Social Responsibility) and Artdot-Tech™© Awards or any other platform or service in the future related to or dependent on Artdot-Tech™©)., existing services offered by Artdot-Tech™© and novel services to be provided by Artdot-Tech™©.
4. Artdot-Tech™© Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Artdot-Tech™©, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use Artdot-Tech™© or Artdot-Tech™© Services and who meet the criteria and conditions stipulated by Artdot-Tech™©. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on Artdotchain or blockchain and cryptography technologies and are issued and managed in a centralized, decentralized or both forms.
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. Artdot-Tech™© Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Artdot-Tech™© for Users to record on Artdot-Tech™© their usage of Artdot-Tech™© Services, transactions, asset changes and basic information. Artdot-Tech™© Accounts serve as the basis for Users to enjoy and exercise their rights on Artdot-Tech™©.
9. Crypto-to-Crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
11. Loan/Lending refers to Artdot-Tech™©’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), and other forms of loan/lending services that could be launched by Artdot-Tech™©.
12. NFT Artdot refers to artistic expressions processed by users on the Artdot-Tech™© Laboratory platform as Non-Fungible Tokens with a value in FT Artdot and that have a digital certificate of authenticity that through Artdotchain technology (Next Generation Technology parallel to Blockchain technology) is associated with a single digital file.
13. FT Artdot refers to the Artdotchain Digital Currency used throughout the Artdot-Tech™© platforms with a value stipulated solely by Artdot-Tech™© in which all Artdot-Tech™© users agree on and accept as the official value for exchange with other Digital or Fiat currencies.
14. Artdot-Tech™© Ecosystem refers to all Artdot-Tech™© platforms used to perform operations made by Artdot-Tech™© users.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Artdot-Tech™© Operators.
b. Supplementary Terms
c. Changes to These Terms
Artdot-Tech™© reserves the right to change or modify these Terms in its discretion at any time. Artdot-Tech™© will notify such changes by updating the terms on its website () and modifying the [Last revised] date displayed on this page. 。ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF ARTDOT-TECH™© SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING ARTDOT-TECH™© SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF ARTDOT-TECH™© SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING ARTDOT-TECH™© SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. ARTDOT-TECH™© RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF ARTDOT-TECH™© SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About Artdot-Tech™©
As an important part of the Artdot-Tech™© Ecosystem, Artdot-Tech™© mainly serves as a global online platform for Digital Assets Exchange, and provides Users with an exchange platform, technical services and other Digital Assets-related services. Artdot-Tech™© also sets the daily FT Artdot price independently for the Artdot-Tech™© Ecosystem to provide 100% certainty about the official price used by all users for all Artdot-Tech™©. products and services. As further detailed in Article 3 below, Users must register and open an account with Artdot-Tech™©, and deposit Digital Assets into their account prior to exchanging. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although Artdot-Tech™© has been committed to maintaining the accuracy of the information provided through Artdot-Tech™© Services, Artdot-Tech™© cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Artdot-Tech™© be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Artdot-Tech™© Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Artdot-Tech™© does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Artdot-Tech™© or any other communication medium. All Users of Artdot-Tech™© Services must understand the risks involved in Digital Assets Exchanging, and are recommended to exercise prudence and exchange responsibly within their own capabilities.
3. Artdot-Tech™© Account Registration and Requirements
INCLUDING THE ACCEPTANCE OF THE FT ARTDOT DAILY PRICE ESTABLISHED INDEPENDENTLY BY ARTDOT-TECH™© AS THE AGREED VALUE AND ACCEPTED AS THE OFFICIAL VALUE FOR EXCHANGE WITH OTHER DIGITAL CURRENCIES OR FIAT BY ALL USERS OF ARTDOT-TECH™© AND IS ACCEPTED BY CONSENSUS THAT SAID VALUE IS NOT OBTAINED BY ANY SUPPLY AND DEMAND MARKET. Artdot-Tech™© may refuse, in its discretion, to open an Artdot-Tech™© Account for you. You agree to provide complete and accurate information when opening an Artdot-Tech™© Account, and agree to timely update any information you provide to Artdot-Tech™© to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of Artdot-Tech™©. For certain Artdot-Tech™© Services, you may be required to set up a specific account independent from your Artdot-Tech™© Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such accounts are equally governed by the provisions of this Section and Section VI, unless otherwise stated in these Terms or the Supplementary Terms.
By registering to use an Artdot-Tech™© Account, you represent and warrant that (i) as an individual, you are at least 14 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using Artdot-Tech™© Services; (iv) you do not currently have an Artdot-Tech™© Account; (v) If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of Artdot-Tech™© Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Artdot-Tech™© reserves the right to change, modify or impose additional restrictions at its discretion at any time.
c. User Identity Verification
d. Account Usage Requirements
The Artdot-Tech™© Account can only be used by the account registrant. Artdot-Tech™© reserves the right to suspend, freeze or cancel the use of Artdot-Tech™© Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Artdot-Tech™© immediately. Artdot-Tech™© assumes no liability for any loss or damage arising from the use of Artdot-Tech™© Account by you or any third party with or without your authorization.
e. Account Security
Artdot-Tech™© has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Artdot-Tech™© Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Artdot-Tech™© Account and personal information.
You should be solely responsible for keeping safe of your Artdot-Tech™© Account and password, and be responsible for all the transactions under your Artdot-Tech™© Account. Artdot-Tech™© assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating an Artdot-Tech™© Account, you hereby agree that:
ii. you will strictly abide by all mechanisms or procedures of Artdot-Tech™© regarding security, authentication, exchanging, charging, and withdrawal; and
iii. you will take appropriate steps to logout from Artdot-Tech™© at the end of each visit.
III. Artdot-Tech™© Services
Upon completion of the registration and identity verification for your Artdot-Tech™© Account, you may use various Artdot-Tech™© Services, including but not limited to, Crypto-to-crypto Exchanging, Fiat Exchanging, contract exchanging, Artdot-Tech™© services, staking, acquiring market-related data, research and other information released by Artdot-Tech™©, participating in User activities held by Artdot-Tech™©, etc., in accordance with the provisions of these Terms (including Artdot-Tech™© Platform Rules and other individual agreements). Artdot-Tech™© has the right to:
2. Allow or prohibit some Users’ use of any Artdot-Tech™© Services in accordance with relevant Artdot-Tech™© Platform Rules.
1. Service Usage Guidelines
Provided that you constantly comply with the express terms and conditions stated in these Terms, Artdot-Tech™© grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Artdot-Tech™© Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Artdot-Tech™© Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Artdot-Tech™© Services should be stipulated in the discretion of Artdot-Tech™©. Artdot-Tech™© reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Artdot-Tech™© Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Artdot-Tech™© Services. Therefore, you hereby agree that when you use Artdot-Tech™© Services, Artdot-Tech™© does not transfer Artdot-Tech™© Services or the ownership or intellectual property rights of any Artdot-Tech™© intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including HTML code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Artdot-Tech™© Services, are exclusively owned, controlled and/or licensed by Artdot-Tech™© Operators or its members, parent companies, licensors or affiliates.
Artdot-Tech™© owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Artdot-Tech™© or Artdot-Tech™© Services that you provide through email, Artdot-Tech™© Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Artdot-Tech™©. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use Artdot-Tech™© Services, you agree and undertake to comply with the following provisions:
ii. Your use of Artdot-Tech™© Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Artdot-Tech™© Services;
iii. You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
iv. Without written consent from Artdot-Tech™©, the following commercial uses of Artdot-Tech™© data are prohibited: 1) Trading services that make use of Artdot-Tech™© quotes or market bulletin board information. 2) Data feeding or streaming services that make use of any market data of Artdot-Tech™©. 3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Artdot-Tech™©.
v. Without prior written consent from Artdot-Tech™©, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
vi. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Artdot-Tech™© Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Artdot-Tech™© Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Artdot-Tech™© Services or any Artdot-Tech™© servers or any other systems or networks of any Artdot-Tech™© Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Artdot-Tech™© Services or any network connected to the properties, or violate any security or authentication measures on Artdot-Tech™© Services or any network connected to Artdot-Tech™© Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Artdot-Tech™© Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Artdot-Tech™© Services or Artdot-Tech™©, or the infrastructure of any systems or networks connected to Artdot-Tech™© services; (vi) use any devices, software or routine programs to interfere with the normal operation of Artdot-Tech™© Services or any transactions on Artdot-Tech™© Services, or any other person’s use of Artdot-Tech™© Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Artdot-Tech™©, or (viii) use Artdot-Tech™© Services in an illegal way.
By accessing Artdot-Tech™© Services, you agree that Artdot-Tech™© has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
1. Blocking and closing order requests;
2. Freezing your account;
3. Reporting the incident to the authorities;
4. Publishing the alleged violations and actions that have been taken;
5. Deleting any information, you published that are found to be violations.
2. Crypto-to-crypto Exchanging
Upon completion of the registration and identity verification for your Artdot-Tech™© Account, you may conduct Crypto-to-crypto Exchanging on Artdot-Tech™© in accordance with the provisions of these Terms and Artdot-Tech™© Platform Rules.
Upon sending an instruction of using Artdot-Tech™© Services for Crypto-to-crypto Exchanging (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Artdot-Tech™©’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, Artdot-Tech™© will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize Artdot-Tech™© to temporarily control the Digital Currencies involved in your Transaction.
For Orders initiated through Artdot-Tech™© Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Artdot-Tech™©’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Artdot-Tech™© reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount in Digital Currencies to execute an Order, Artdot-Tech™© may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Artdot-Tech™© are deducted as stated in paragraph (c) below).
You agree to pay Artdot-Tech™© the fees specified in https://artdottech.com/fees/. Artdot-Tech™© may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Artdot-Tech™© to deduct from your account any applicable fees that you owe under these Terms.
d. Other Types of Crypto-to-crypto Exchanging
In addition to the Crypto-to-crypto Exchanging that allows users to directly place orders as mentioned in paragraph (a) above, Artdot-Tech™© may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Exchanging under its separately formulated Artdot-Tech™© Platform Rules, such as One Cancels the Other (OCO) and block trade.
3. Crypto or Fiat Exchanging
Prior to conducting Crypto or Fiat Exchanging, you shall fund your respective Artdot-Tech™© Wallets with deposits to the specific Artdot-Tech™© respective accounts at https://artdottech.com/ and allow specific Artdot-Tech™© Platform Rules related to approval of Crypto or Fiat Exchanging as well as the business rules of such transactions to reflect the respective balance in your Artdot-Tech™© Wallet Accounts, following the completion of the registration and identity verification for your Artdot-Tech™© Account, if applicable.
a. Fiat Payments
If you choose to utilize Fiat Exchanging, you agree that Artdot-Tech™© shall work in collaboration with regulated card or bank regulated partners to offer such services. Artdot-Tech™© is governed by the laws of the Republic of Colombia.
Artdot-Tech™© is registered in accordance
with the applicable laws of the Republic of Colombia as virtual currency
depository wallet operator and virtual currency exchange operator. For the
avoidance of doubt please note that Artdot-Tech™© is not a licensed financial
services provider. Cryptocurrency exchange and depository services provided by Artdot-Tech™©
is not regulated by the Bank of the Republic of Colombia.
4. Current Artdot-Tech™© Ecosystem
Artdot-Tech™© App Platform,
Artdot-Tech™© NFT Artdot Marketplace Platform,
Artdot-Tech™© NFT Artdot Platform,
Artdot-Tech™© Gallery Platform,
Artdot-Tech™© Exchange Platform,
Artdot-Tech™© FT Artdot Platform,
Artdot-Tech™© Wallet Platform,
Artdot-Tech™© Verifications Platform,
Artdot-Tech™© Laboratory Platform,
Artdot-Tech™© Premium Platform,
Artdot-Tech™© Academy Platform,
Artdot-Tech™© Information Platform,
Artdot-Tech™© Transactions Platform,
Artdot-Tech™© Collections Platform,
Artdot-Tech™© Research Platform,
Artdot-Tech™© Fiat Platform,
Artdot-Tech™© CSR (Corporate Social Responsibility) Platform,
Artdot-Tech™© Awards Platform.
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ARTDOT-TECH™© SERVICES, ARTDOT-TECH™© MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ARTDOT-TECH™© ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARTDOT-TECH™© EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, ARTDOT-TECH™© DOES NOT REPRESENT OR WARRANT THAT THE SITE, ARTDOT-TECH™© SERVICES OR ARTDOT-TECH™© MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTDOT-TECH™© DOES NOT GUARANTEE THAT ANY ORDER OR TRANSACTION WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN OR ON TIME. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF ARTDOT-TECH™© SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT ARTDOT-TECH™© WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY ARTDOT-TECH™© AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY ARTDOT-TECH™©; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY ARTDOT-TECH™©.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARTDOT-TECH™©, 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 BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF ARTDOT-TECH™© SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF ARTDOT-TECH™© SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF ARTDOT-TECH™© AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF ARTDOT-TECH™© HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF ARTDOT-TECH™©’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF ARTDOT-TECH™©, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF ARTDOT-TECH™© AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF ARTDOT-TECH™© SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO ARTDOT-TECH™© UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless Artdot-Tech™© Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Artdot-Tech™© Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Artdot-Tech™© Services. If you are obligated to indemnify Artdot-Tech™© Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Artdot-Tech™© will have the right, in its sole discretion, to control any action or proceeding and to determine whether Artdot-Tech™© wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://artdottech.com/blog/. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. ARTDOT-TECH™© WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
VI. Termination of Agreement
1. Suspension of Artdot-Tech™© Accounts
2. We detect unusual activities in the Artdot-Tech™© Account;
3. We detect unauthorized access to the Artdot-Tech™© Account;
4. We are required to do so by a court order or command by a regulatory/government authority.
2. Cancellation of Artdot-Tech™© Accounts
In case of any of the following events, Artdot-Tech™© shall have the right to delete any existing balance in FT Artdot or rights over any NFT Artdot in your Artdot-Tech™© Account automatically and directly terminate these Terms by cancelling your Artdot-Tech™© Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Artdot-Tech™© Account on Artdot-Tech™© and withdraw the corresponding Artdot-Tech™© Account thereof:
2. you allegedly register or register in any other person’s name as an Artdot-Tech™© User again, directly or indirectly;
3. the information that you have provided is untruthful, inaccurate, outdated or incomplete;
4. when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Artdot-Tech™© Account or by other means;
5. you request that Artdot-Tech™© Services be terminated; and 6. any other circumstances where Artdot-Tech™© deems it should terminate Artdot-Tech™© Services.
Should your Artdot-Tech™© Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Artdot-Tech™© shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Artdot-Tech™© is informed that any Digital Assets or funds held in your Artdot-Tech™© Account are stolen or otherwise are not lawfully possessed by you, Artdot-Tech™© may, but has no obligation to, place an administrative hold on the affected funds and your Artdot-Tech™© Account. If Artdot-Tech™© does lay down an administrative hold on some or all of your funds or Artdot-Tech™© Account, Artdot-Tech™© may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Artdot-Tech™© has been provided to Artdot-Tech™© in a form acceptable to Artdot-Tech™©. Artdot-Tech™© will not involve itself in any such dispute or the resolution of the dispute. You agree that Artdot-Tech™© will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute Transactions during the period of any such hold.
3. Remaining Funds After Artdot-Tech™© Account Termination
Except as set forth in paragraph 4 below, once an Artdot-Tech™© Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Artdot-Tech™©) will be payable immediately to Artdot-Tech™©. Upon payment of all outstanding charges to Artdot-Tech™© (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account except any balance in FT Artdot or NFT Artdot that could have existed prior to the Artdot-Tech™© account termination.
4. Remaining Funds After Artdot-Tech™© Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Artdot-Tech™© maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Artdot-Tech™© Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
VII. No Financial Advice
Artdot-Tech™© is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any Transactions or other decisions or activities effected by you using Artdot-Tech™© Services. No communication or information provided to you by Artdot-Tech™© is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all transactions are executed automatically or manually by the user, based on the parameters of your order instructions and in accordance with posted Transaction execution procedures, and you are solely responsible for determining whether any exchange, exchange strategy or related transaction is appropriate for you according to your personal exchanging objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Artdot-Tech™© does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell, exchange or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any transactional decision. Artdot-Tech™© will not be held responsible for the decisions you make to buy, sell, exchange or hold Digital Asset based on the information provided by Artdot-Tech™©.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Artdot-Tech™© Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF ARTDOT-TECH™© SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT ARTDOT-TECH™© WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Artdot-Tech™© maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
X. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Artdot-Tech™© first! Artdot-Tech™© wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Artdot-Tech™©, then you should contact Artdot-Tech™© and a ticket number will be assigned. Artdot-Tech™© will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Artdot-Tech™©, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Artdot-Tech™©. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Artdot-Tech™© account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Artdot-Tech™©. After you have provided the Notice of Claim to Artdot-Tech™©, the dispute referenced in the Notice of Claim may be submitted by either Artdot-Tech™© or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Artdot-Tech™© for resolution internally and the delivery of a Notice of Claim to Artdot-Tech™© are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Artdot-Tech™© shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate and Governing Law. You and Artdot-Tech™© Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Artdot-Tech™© (and/or Artdot-Tech™© Operators) arising in connection with or relating in any way to these Terms or to your relationship with Artdot-Tech™© (and/or Artdot-Tech™© Operators) as a user of Artdot-Tech™© Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Artdot-Tech™© Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favor of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.
Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST ARTDOT-TECH™© OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Artdot-Tech™© is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Artdot-Tech™© agree that any claims relating to these Terms or to your relationship with Artdot-Tech™© as a user of Artdot-Tech™© Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Artdot-Tech™© further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Artdot-Tech™©.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
1. Independent Parties. Artdot-Tech™© is an independent contractor or entity but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding the use of Artdot-Tech™© Services and will supersede all prior written or oral agreements between the parties. No usage of trade, Transactions or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Artdot-Tech™© reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Artdot-Tech™© websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Artdot-Tech™© Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Artdot-Tech™© will not be responsible for any modification or termination of Artdot-Tech™© Services by you or any third party, or suspension or termination of your access to Artdot-Tech™© Services.
4. Force Majeure. Artdot-Tech™© will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Artdot-Tech™©’s reasonable control.
5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. You may not assign or transfer any right to use Artdot-Tech™© Services or any of your rights or obligations under these Terms without prior written consent from Artdot-Tech™©, including any right or obligation related to the enforcement of laws or the change of control. Artdot-Tech™© 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.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Artdot-Tech™© Services, such activities and programs are provided by Artdot-Tech™© and are not associated with Apple Inc. in any manner.
10. Contact Information. For more information on Artdot-Tech™©, you may refer to the company and license information found on Artdot-Tech™© websites. If you have questions regarding these Terms, please feel free to contact Artdot-Tech™© for clarification via our Customer Support team at https://artdottech.com/contact/.