Virtual Assets Lab Terms of Use
Last modified: September 5, 2024
Welcome to Virtual Assets Lab! Please read these Terms of Use and our Privacy Policy (collectively the "Terms") carefully, as you agree that you consent to these Terms by your use of this website, as defined further below.
Acceptance of the Terms of Use
These Terms of use are entered into by and between you and Virtual Asset Labs AG ("VAL," "Company," "we," "our," or "us"), and they govern your access to and use of this website (www.val.com) (the "Site") including any content, functionality, and services (the "Services") offered on, in support of or through the Site, whether as a guest or customer. Please read these Terms carefully before you use the Site. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE YOU REPRESENT THAT: (I) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS, (II) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH VAL, AND (III) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. If you do not agree to these Terms, do not use the Site. If you are agreeing to these Terms on behalf of a third party, you represent and warrant that you have the authority to bind the third party to these Terms.
Eligibility
Access to the Site is only intended for adults eighteen (18) years of age and older. You are not allowed to use the Site if you are under eighteen (18) years of age. You are not allowed to use the Site for any illegal activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, terrorism financing, other violent or illegal activities, or any other activity listed in Section 9.
Changes to the Terms and Site
We reserve the right to update these Terms from time to time, and these changes are effective as soon as we post them on the Site. If you continue to use the Site following the posting of any revised Terms, you are accepting and agreeing to the changes. We may also update the content on the Site and change the material we provide on or in relation to the Site in our sole discretion without notice as we see fit. We do not guarantee that any content or material on the Site is necessarily complete or up-to-date.
VAL's Site
Subject to these Terms and Privacy Policy, you are granted a limited license to use the Site to learn about the services and to copy, display, and use the functionality, materials, features, and services provided by the Site.
No Class Proceedings
You and we agree that any party hereto may bring claims against the other on an individual basis only and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless the parties agree otherwise, any adjudicator of any claim---whether judicial or otherwise---may not consolidate or join more than one party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any adjudicator of any claim may award relief, including monetary, injunctive, and declaratory relief, only in favor of the party seeking relief, and only to the extent necessary to provide relief necessitated by that party's claim(s). Any relief awarded cannot affect other users of the Site.
Links from the Site
Links to any third-party websites on this Site are provided for your convenience only. We have no control over the contents of those sites or resources. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Assumption of Risk; No Advice
The Company does not provide business or investment advice. The information contained on this Site is for informational purposes only, and the Company is not soliciting any action based upon such materials. The material is not to be construed as business or investment advice.
Feedback
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Site ("Feedback"), you agree that we may use the Feedback in any way we deem appropriate to: (a) improve our Site and (b) promote the Site, and that you will not be due any compensation for your Feedback that is used in these ways.
Intellectual Property Rights
All text, content, documents, names, logos, trademarks, customer lists, service marks, brand identities, characters, trade names, graphics, video, audio, software, designs, code, copyrights, trade dress, or other intellectual property appearing on this Site, along with their entire contents, features, and functionality (collectively, the "Materials") are owned by VAL, its licensors, or other providers of such material (collectively referred to as the "Owners") and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As between VAL and you, all right, title and interest in and to the Materials will at all times remain with VAL and/or its Owners. The Company reserves all other rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under VAL's and/or its Owner's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, VAL may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP Address, at any time without prior notice. These Terms permit you to use the Site for your use only, subject to the following restrictions:
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You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as it is created and owned by you.
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You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
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No right, title, license or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by VAL.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
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In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
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For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
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To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
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To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
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In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
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To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm or offend the Company or users of the Site or expose them to liability.
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By means of any robot, bot spider, or other automatic device or process, or by any manual process, intended to monitor or copy any of material on the Site or for any other unauthorized purpose.
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To partake in any transaction involving the proceeds of illegal activity.
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To transmit or upload any virus, worm, or other malicious software or program.
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To attempt to gain unauthorized access to the Site or any related networks or systems.
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In order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband.
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To interfere with or subvert our rights or obligations or the rights or obligations of any other Site or any other third party.
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To engage in conduct that is detrimental to us or to any other Site or any other third party.
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To falsify or materially omit any information or provide misleading information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the Site.
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To reverse-engineer, decompile, or disassemble any software running on the Site; or, attempt to harm us through your access to the Site, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information provided in relation to the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Site, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties, including materials provided by other users, attorneys, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties on the Site.
Privacy
We are committed to protecting your data. You should carefully read VAL's Privacy Policy as it provides details on how your personal information is collected, stored, protected, and used.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OR IN RELATION TO THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, THE SITE'S CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR IN RELATION TO THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THEM, ANY CONTENT CONTAINED IN OR IN RELATION TO THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) (collectively "Claims") arising out of or relating to: (i) your violation of these Terms or (ii) your use of the Site.
Governing Law
All matters relating to the Site, these Terms, and any other dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with Swiss law (excluding the Vienna Convention on the International Sale of Goods dated 11 April 1980). Any dispute, controversy, or claim arising out of, or in relation to, your use of this Site or matters relating to these Terms, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be one. The seat of the arbitration shall be Zug and the arbitral proceedings shall be conducted in English.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: [email protected].