Terms of Use
1. General
1.1. Greetings and welcome to ethericsurge.org (the "Website").
Reach us at [email protected]
1.2. This Website offers insights about third-party trading platforms (the "Third-Party Platforms") for trading purposes (the "Services").
1.3. These terms of use (the "Terms") are designed to guide your ("You", "Your" or "User") interaction with the Website and Services. Please ensure that you thoroughly review these Terms before utilizing the Services. Be aware that these Terms represent a binding legal agreement between you and the Website's operator. If you disagree with any part of these Terms, please discontinue using the Website immediately. Your continued use of the Website signifies your acceptance of the Terms, which may be updated periodically.
These Terms also incorporate Our Privacy Policy, and by agreeing to these Terms, you confirm your acceptance of our Privacy Policy as well (You can review Our Privacy Policy by clicking here).
2. Eligibility
2.1. You are permitted to use the Website only if you meet the following criteria:
2.1.1. You must be at least 18 years of age;
2.1.2. You possess the legal right, authority, and capacity to enter into these Terms and adhere to all stipulations within;
2.1.3. Your use of the Website and/or Services is not restricted by the laws of your residing or current location.
2.2. We provide no guarantees or assurances, either express or implied, regarding the legality of the Website and/or the Services, nor the usage of the Website and/or Services by any individual. We disclaim any liability for unlawful utilization of the Website and/or Services by Users.
3. Restricted territories
3.1. Without limiting the broad application of the above, we reserve the right, at our discretion, to limit access to the Website and/or Services (or any part thereof) for: (i) Users located in any jurisdiction (the “Restricted Territories”), and (ii) individuals whom we reasonably perceive as posing legal, regulatory, reputational, or economic risks.
3.2. We may establish additional criteria or conditions before approving Users from specific nations, as we see fit. Moreover, it is recognized that Users traveling to the Restricted Territories may find the Website and/or Services to be inaccessible or blocked there.
4. Prohibited activities
4.1. You agree to utilize the Website and the Services in a courteous manner and agree not to:
4.1.1. Create links to the Website and/or employ the Website for uploading, downloading, distributing, publishing, or transmitting (a) any content or materials in a way that infringes upon rights, such as intellectual property rights, privacy rights, or any other rights; (b) content or materials that are prohibited for dissemination or use due to being threatening, harmful, offensive, libelous, defamatory, racist, or inappropriate; (c) content or materials containing viruses or software that could harm our computer systems or those of third parties, or in a way that might impede or prevent others from using the Website; (d) content or materials that violate any laws; or (e) content or materials containing any advertisement without our prior written consent;
4.1.2. Remove or alter any attributions, legal notices, or proprietary markings or labels on the Website;
4.1.3. Utilize the Services through any means other than the official Website interface;
4.1.4. Disrupt the experience of other Users on the Website and/or Services;
4.1.5. Employ bots or automated tools to access or engage with the Website and/or Services;
4.1.6. Upload or attempt to upload any material, without Our explicit consent, that serves as a passive or active information collection or transmission mechanism, such as web bugs, cookies, or other similar spyware devices;
4.1.7. Engage in activities like “framing,” “mirroring,” or otherwise replicating the appearance or function of the Services;
4.1.8. Breach any applicable laws or regulations, or encourage illegal activities, including but not limited to, copyright or trademark infringement, defamation, privacy invasion, identity theft, hacking, cracking, or distributing counterfeit software;
4.1.9. Modify or tamper with the source code of the Website in any manner, or upload software/applications that could harm the Website or any third party;
4.1.10. Disassemble, decompile, or reverse engineer any software or technology incorporated in the Website or used to deliver the Services.
4.2. You recognize that, without limiting any other rights we may possess, if we have concerns about Your compliance with these Terms or applicable law while using the Website, we may monitor Your activities on the Website or Services, restrict Your access to the Website, share Your behavioral patterns on the Website with third parties, and take any other action we find necessary to safeguard our property, rights, or those of third parties.
5. Intellectual Property Rights
5.1. The Website and all its contents, such as videos, text, images, logos, designs, music, sounds, figures, trademarks, and other materials, are safeguarded by intellectual property rights owned by us or third parties.
5.2. We retain all rights, titles, and interests in the Website and Services. Utilizing the Website or Services does not bestow any intellectual property rights upon Users, aside from the right to use them in accordance with these Terms.
5.3. Users are allowed to use the Website and Services solely for personal, non-commercial purposes.
5.4. Users are strictly forbidden from modifying, decompiling, disassembling, reverse engineering, copying, transferring, creating derivative works from, renting, sublicensing, distributing, reproducing, republishing, scraping, downloading, displaying, transmitting, posting, leasing, selling, or exploiting any content of the Website without our explicit written consent. This includes any unauthorized use or exploitation of Website content contrary to the Terms.
6. Limitation of Liability
6.1. Your engagement with the Website and/or the Services is entirely at Your own risk. To the maximum extent permitted by law, We disclaim all warranties, whether explicit or implied, concerning the Website and the Services and Your usage thereof, including implied warranties of merchantability, title, fitness for a specific purpose, or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Consequently, the Services, along with all content and functionalities available on or accessed through or sent from the Website, are provided on an “as is,” “as available,” and “with all faults” basis.
6.2. Without limiting the generality of the above, We assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of any content included in the Website; (b) any interruption or cessation of transmission to or from the Website via the Services; (c) any bugs, viruses, Trojan horses, or similar issues that may be transmitted to or through the Website or the Services by any third party.
6.3. You agree to hold Us harmless for any losses caused, directly or indirectly, to You and/or to any other third party, regarding the Website and/or the Services, and You shall bear sole responsibility for any decisions made based on the content of the Website and/or the Services.
6.4. Under no circumstances shall we be held accountable to you or any third party for any extraordinary, direct, indirect, incidental, punitive, or consequential damages, including any loss of profits or data resulting from your engagement with the Website and/or the Services, or from other materials accessed through or downloaded from the Website as part of the Services. This holds true regardless of whether these damages are based on warranty, contract, tort, or any other legal rationale, and even if we have been informed of the potential for such damages. In cases where a court finds us liable, our responsibility will not exceed 100 USD. This limitation of liability applies to the fullest extent permitted by law in the relevant jurisdiction.
6.5. We bear no responsibility for any technical issues or malfunctions involving phone or network lines, online systems, servers or providers, hardware, software, failures due to technical difficulties or internet traffic congestion (or internet inaccessibility), or incompatibility between the Website or the Services and your browser and/or other equipment. Without limiting the generality of the above, we do not assume any responsibility or risk for your use of the internet.
7. Third party services or content
7.1. While utilizing the Services, you might encounter content or services offered by third parties, including advertisements and reviews concerning Third-Party Platforms.
7.2. We do not manage, endorse, or take ownership of such content or services, and they may not always be precise or up-to-date.
7.3. Consequently, we advise you to independently verify all information before depending on it, as any decisions or actions made based on such information are solely your responsibility.
8. Links
8.1. The Website might include links, content, advertisements, promotions, logos, and other materials related to other websites or software that are managed or offered by third parties (the “Links”). We urge you to understand the risks associated with using such websites, software, or materials before retrieving, utilizing, relying upon, or purchasing anything through these websites or software, or based on such materials. These Links are provided for your convenience only, and you agree that under no circumstances will you hold us liable for any loss or damage
caused by using or relying on any content, goods, or services available on external websites or software.8.2. The inclusion of links on the Website does not signify endorsement, authorization, sponsorship, affiliation, or any other connection between Etheric Surge and these websites, software, or their operators.
8.3. We have not reviewed all such links and are not accountable for the content of the websites or software they reference. We urge you to understand the risks involved before using, relying on, or purchasing anything through these websites or software. You will not hold Etheric Surge liable for any loss or damage resulting from using or relying on content, goods, or services available on other websites.
8.4. It is your responsibility to review the terms and policies of such third-party websites, and we highly recommend doing so before engaging with them.
9. Miscellaneous
9.1. We may, at our sole discretion, amend, modify, or discontinue any of the Services or introduce new Services. Etheric Surge will not be liable for any loss you may incur from such changes, and you will have no claims against us in this regard.
9.2. We may update these Terms periodically. When we do, we will notify you by publishing the most recent version and revising the date at the top of this page. Any modifications will be effective immediately upon publication. By continuing to use the Website after changes are made, you agree to the revised Terms.
9.3. The User agrees that transmitting information to or from the Website does not create any relationship beyond those outlined in these Terms.
9.4. These Terms and the Privacy Policy, as updated periodically, form the only valid agreements between Etheric Surge and the User. No representation, promise, consent, or undertaking, whether written or oral, is included unless specified in the Terms of theThe Privacy Policy shall be obligatory for both parties.
9.5. Our delay or failure to exercise any right, power, or remedy will not be considered a waiver. Additionally, a single or partial exercise of any right, power, or remedy does not prevent further exercises or the exercise of other rights, powers, or remedies.
9.6. Should any provision of these Terms be deemed unenforceable by a court of competent jurisdiction, it shall be excluded from these Terms. The remaining provisions will be interpreted as if the unenforceable part was never included, ensuring enforceability. However, these Terms will still strive to reflect the intended meaning and purpose of the excluded provision as much as applicable law permits.
9.7. We reserve the right to transfer or assign any of our rights and obligations under these Terms to a third party. Furthermore, the Website and/or any of the Services may be operated by third parties. You are not permitted to transfer, assign, or pledge any of your rights or obligations under these Terms in any manner.