ACCEPTANCE OF TERMS
HODL shall have the right at any time to change or discontinue any aspect or feature of the HODL Service, including, but not limited to, content, access, or use.
SCOPE OF USE
CONSENT TO ELECTRONIC SIGNATURE
HODL may, from time to time, ask you to accept this agreement, along with other online agreements and disclosures. By accessing and using the HODL Service, you will be providing your electronic signature that will affirm:
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
Because we will need to contact you from time to time to provide documents, notifications, and the like, you agree to keep your contact information up to date, and you consent to receive all communications from us using such contact information. Your contact information can be updated by logging into your account. You agree to waive all claims resulting from failure to receive communications because of changes in your contact information.
You hereby consent to receive communication from HODL by email. You can opt out of such communications by sending us an email at [email protected], or by following the instructions in any email we send you.
LICENSE GRANT FROM HODL
LICENSE GRANT TO HODL
Unless otherwise agreed upon by you and HODL, any communications or material of any kind that you e-mail, post, or otherwise transmit through the HODL Service, including data, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and non-proprietary. You hereby grant to HODL a license to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the HODL website or elsewhere with no liability or obligation to you. HODL is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
USE OF THE HODL SERVICE
You agree that you will not: (i) use any electronic communication feature of the HODL Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) use the HODL Service for any commercial purpose not expressly approved by HODL in writing; (iv) use the HODL Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The foregoing provisions of this section are for the benefit of HODL, its subsidiaries, affiliates, licensors, and agents (which term includes but is not limited to HODL’s third-party service and content providers), and each shall have the right to assert and enforce such provisions directly or on its own behalf.
HODL reserves the right to terminate your access to the HODL Service at any time, without notice, for any reason whatsoever, and you agree that HODL will not be liable to you or to any third party for any termination, suspension, or modification to your account.
HODL reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, and to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to the HODL Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any service. HODL does not control or endorse the third-party content, messages, or information found in the HODL Service. HODL disclaims any liability with regard to the HODL Service, and any actions resulting from your participation in the HODL Service. Managers and hosts are not authorized HODL spokespersons, and their views do not necessarily reflect those of HODL.
USER ACCOUNT, PASSWORD, AND SECURITY
You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.
If you choose to create a user account with HODL, you agree to complete the registration process by providing HODL with current, complete, and accurate information as prompted by the applicable registration form. You will also choose a password and a username and/or provide your email address. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify HODL immediately of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD HODL LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by HODL and/or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
We recommend that you take steps to secure the confidentiality of your portfolio(s) on HODL and restrict access to your mobile device and computer. HODL and its affiliates reserve the right to suspend or terminate your portfolio(s) or remove content on the HODL Properties at its sole discretion. HODL users who are also HODL Trading users, please see notice below regarding Third Party and Affiliated Sites.
NO INVESTMENT ADVICE OR RECOMMENDATIONS; MARKET INFORMATION
We may make available to you certain financial information, including information that we obtain from our agents (“Market Information”). HODL makes this information available to you as a service for your convenience; HODL neither endorses nor approves such Market Information. HODL neither (1) guarantees the accuracy, timeliness, or completeness of Market Information, nor (2) warrants any results from your use or reliance on the Market Information. You agree that you use Market Information at your own risk.
The Market Information and any related content are for information, education, and entertainment purposes only. Although HODL may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information, features, tools, or other content available through the HODL Service as legal, tax, investment, financial or other advice. Nothing contained in the HODL Service or any other content on the HODL website constitutes a solicitation, recommendation, endorsement, or offer by HODL to buy or sell any securities or other financial instruments. You understand that HODL is not the source of the Market Information and does not warrant its accuracy.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the HODL Serviceand any related service before making any decisions based on Market Information or content. In exchange for using the HODL Service, you agree not to hold HODL or its agents or affiliates liable for any possible claim for damages arising from any decision you make based on information made available to you through the HODL Service, the HODL website, or any affiliate, including without limitation FTX and FTX US. /p>
You agree that neither HODL nor its agents will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You agree that you will neither redistribute nor facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by HODL to receive Market Information.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE HODL SERVICE AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT HODL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL HODL, ITS AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE HODL SERVICE OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE HODL SERVICE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER HODL NOR ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE HODL SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. HODL SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HODL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE HODL SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HODL BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL HODL BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE HODL SERVICE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE HODL SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL HODL OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE HODL SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY HODL. HODL AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF HODL AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE HODLSERVICE; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE HODL SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE HODL SERVICE; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE HODL SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD HODL RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE HODL SERVICE.
Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of HODL and its agents, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
LINKS AND ACCESS TO THIRD-PARTY AND AFFILIATED SITES
LINKS FOUND IN THE HODL SERVICE MAY LET YOU LEAVE THE HODL SERVICE TO ENTER OTHER SITES. YOU ACKNOWLEDGE THAT SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF HODL, AND HODL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HODL IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HODL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY HODL.
HODL does not offer trading services. However, due to the design of the HODL Service, some features, such as HODL Trading, may appear seamlessly integrated with the HODL Service for your convenience. For example, when you use the HODL Trading feature and click the “trade” button, you may be linked to a third-party or affiliated site (“Other Site”), such as ftx.com or ftx.us depending on your location s. When you first access the HODL Trading feature, you are leaving the HODL Service and entering the Other Site. As a result, you are no longer using the HODL Service, but rather using the service(s) of the Other Site. HODL is not responsible for any issues that you may have with HODL Trading.
You agree to defend, indemnify, and hold harmless HODL, its affiliates and their respective owners, directors, officers, employees, and agents from and against all Federal, State, and International, claims, demands, losses, costs, and/or expenses, including attorneys’ fees, arising out of the use of the HODL Service by you or by your account on the HODL Service.
The term HODL, along with any associated logos, are trademarks of HODL Media Inc, all rights reserved. All other trademarks appearing on the HODL website or within the HODL Service are the property of their respective owners.
If you have any questions, please contact us at:
HODL Media INC.
Email Address: [email protected]