THE BELOW TERMS, CONDITIONS, PRIVACY, DATA PROTECTION & EULA ARE IN
REGARDS TO ROI-COLLECTIVE.COM SITE. PLEASE! READ THE BELOW CAREFULLY
AND FEEL FREE TO CONTACT US REGARDING ANY INQUIRY OR FEEDBACK
The following are the terms and conditions governing your
(hereinafter “Publisher”) relationship with Blue Media LTD Reg No.
2707493 (hereinafter “Blue Media”) and the use of any website
associated with Blue Media’s services (hereinafter “Site”).
Publisher agrees to use the Site and any additional services offered
by Blue Media only in accordance with these Terms and Conditions.
Blue Media reserves the right to make changes to the Site and these
Terms and Conditions at any time. Publisher’s continued use of the
Site after any such modification and notification thereof (which may
be provided by e-mail to the email address provided in the course of
Publisher’s registration with Blue Media) shall constitute
Publisher’s consent to such modification.
1. Agreement
- These Terms and Conditions are deemed a binding agreement
between the client and the Company
- By using or otherwise accessing the Services, or clicking to
accept or agree to these Terms and Conditions where that option
is made available, client agrees for eligibility for use of the
Services and that client has read, understood, and accepted
these Terms and Conditions.
2. Eligibility
- Client is allowed to use the Services if he/she are permitted in
accordance with the law of their residence and/or domicile
- The Company has no obligation or capability to verify whether
client is eligible to use the Service and bears no
responsibility for your use of the Service.
3. Company Responsibilities and Obligations
- The Company's marketing is carried out in the best possible
manner according to their ability.
- The Company adheres to Best Practices that the sites do not
contain and will not contain any material that is
discriminatory, abusive, or libelous or in any way
inappropriate.
4. Waiver
- 4.1 The Company does not define, suggest and execute any control
over prices or exchange rates of third parties. The Company is
not a counterparty to any deal concluded.
- 4.2 Any dispute client has concerning a transaction client shall
resolve with such third party directly without involving the
Company.
- 4.3 The Company does not regulate services of third parties and
has no opportunity to affect the process of providing these
services and its results.
5. Indemnification
- Client agrees to release and to indemnify, defend and hold
harmless the Company and its parents, subsidiaries, affiliates
and agencies, as well as the officers, directors, employees,
shareholders and representatives of any of the foregoing
entities, from and against any and all losses, liabilities,
expenses, damages, costs (including attorneys' fees and court
costs) claims or actions of any kind whatsoever arising or
resulting from client's use of the services of third parties and
client's violation of these Terms and Conditions.
- The Company reserves the right, at its own expense, to assume
exclusive defense and control of any matter otherwise subject to
indemnification by client and, in such case, client agrees to
cooperate with the Company in the defense of such matter.
6. Third-Party Websites and Content
- The Platform may contain links to websites owned or operated by
parties other than the Company. Such links are provided for
client's reference only.
- The Company does not monitor or control resources outside the
Platform and is not responsible for their content. The inclusion
of links to third party resources does not imply any endorsement
of the material in the Software or, unless expressly disclosed
otherwise, any sponsorship, affiliation or association with its
owner, operator or sponsor, nor does such inclusion of links
imply that the Company is authorized to use any trade name,
trademark, logo, legal or official seal, or copyrighted symbol
that may be reflected in the linked website.
- The Company does not control the third-party content or monitor
it for compliance with any requirement (e.g. truthfulness,
integrity, legality). Accordingly, the Company does not bear any
liability arisen in connection with client's access or use of
the third-party content.
7. Risk warning
By accepting these Terms and Conditions, client also acknowledge that
client have been warned of the following risks:
- New Technology. Client understands that the service is not
limited to the company platform, including other associated and
related technologies that are new and untested and outside of
the Company's control and adverse changes in market forces or
the technology, broadly construed, will excuse the
nonperformance by the Company under this Agreement including
temporary interruption or permanent termination of your access
to the Software and Services.
- Unfavorable regulatory environment. The service has been the
subject of scrutiny by various regulatory bodies around the
world. The functioning of the platform could be impacted by one
or more regulatory inquiries or actions, including but not
limited to restrictions of use of cryptocurrencies.
- Risk of theft and hacking. Hackers or other groups or
organizations may attempt to steal your data and password in any
number of ways.
- Risk of security weaknesses of the Platform. There is a risk
that the Platform may unintentionally include weaknesses or bugs
in the source code.
- Internet transmission risks. Client acknowledges that there are
risks associated with using the platform and Services including,
but not limited to, the failure of hardware, software, and
internet connections. Client acknowledge that the Company shall
not be responsible for any communication failures, disruptions,
errors, distortions or delays client may experience when using
the Software and Services, howsoever caused.
8. Warranties and Representation
By entering these Terms and Conditions client warrants and represents
that:
- Client has full capacity to contract under applicable law;
- Client will only be transacting via the Platform with
legally-obtained funds that belong to client;
- Client will not be furthering, performing, undertaking, engaging
in, aiding, or abetting any unlawful activity through your
relationship with us or through your use of the Software;
- Client will not use the platform for illegal purposes, including
money laundering of criminal proceeds, transfer or receipt of
payment for planning, preparation or commitment of crime, for
financing the terrorism and illegal trade;
- Client will not use the platform for any purpose prohibited by
these Terms or in any manner that could damage, disable,
overburden, or impair the Company;
- Client will be complying with and obeying all applicable laws,
including but not limited to securities and capital market
legislation, anti-money laundering and counterfeiting terrorism,
consumer protection laws, and financial promotion.
9. Warranties; Exclusion of Liability;
Indemnification
- The Platform is provided “as is”. The Platform is
under development, the Company cannot guarantee that all program
functions will be available for any period in the future or that
the functionality of the program will not change dramatically.
- The Company and its affiliates make no representations or
warranties of any kind, whether express, implied, statutory or
otherwise regarding the Platform, including any warranty that
the Platform will be uninterrupted, error free or free of
harmful components, secure or not otherwise lost or damaged.
- Except to the extent prohibited by law, the Company and its
affiliates disclaim all warranties, including any implied
warranties of merchantability, satisfactory quality, fitness for
a particular purpose, non-infringement, or quiet enjoyment, and
any warranties arising out of any course of dealings, usage or
trade.
- The Company shall not have any liability or responsibility for
any errors or omissions in performance of the Platform, for your
action or inaction in connection with the Software or for any
damage to your computer or data or funds or any other damage
client may incur in connection with the Software.
- Client’s use of the Platform is at own risk. In no event
shall the Company be liable for any direct, indirect, punitive,
incidental, special or consequential damages arising out of or
in any way connected with the use of the Software, the delay or
inability to use the Software or otherwise arising in connection
with the Software whether based on contract, tort, strict
liability or otherwise, even if advised of the possibility of
any such damages.
- Client agrees to defend, indemnify and hold the Company harmless
from and against any and all claims, damages, costs and
expenses, including attorneys’ fees, arising from or
related to client’s use of the Platform and Services.
- The Company makes no representation that Services can be
received are applicable or appropriate for use in all
jurisdictions.
10. Taxes
The Company bears no liability for determining whether taxes apply to
any of client’s transactions, or for collecting, reporting, or
remitting any taxes arising from any transaction. The Company does
hereby recommend that you seek an independent consultant’s advice
with respect to any tax liability that you may bear with respect to
the tax jurisdiction that you may reside in.
11. Assignment
- Client may not transfer or assign these Terms and Conditions or
any rights or obligations he/she has under these Terms and
Conditions without our prior written consent.
- The Company reserves the right to freely assign or transfer
these Terms and Conditions and the rights and obligations under
these Terms and Conditions to any third party at any time
without prior notice or consent.
- If client objects to such transfer or assignment, client may
stop using the Platform and terminate these Terms and Conditions
by contacting the Company.
12. Jurisdiction and Applicable Law
- The Terms and conditions and any legal relationship between the
Parties arising out of or in connection with them shall be
governed by and construed in accordance with the laws of England
and Wales without regard to its conflict of laws rules.
- The Parties settle all their disputes arising out of or in
connection with the Terms and conditions in accordance with the
laws of England and Wales.
13. Dispute Settlement
- The Parties agree to try in good faith to settle through
negotiations any dispute, disagreement or claim arising out of
or in connection with execution, termination or rescission of
these terms and conditions.
- Any dispute arising out of or in connection with this contract,
including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by
arbitration under the LCIA Rules, which Rules are deemed to be
incorporated by reference into this clause.The number of
arbitrators shall be three.The seat, or legal place, of
arbitration shall be London, United Kingdom.
- The language to be used in the arbitral proceedings shall be
English.
14. The company reserves the right to refuse or exclude
applicants and accounts
- The Company may refuse at any time any new customer, and/or may
close a customer’s account if the Company believes that it is
necessary to comply with the Company’s policies, and/or of
protection of the Company’s best interests.
- The Company may refuse any applicant or close any account, if
the Company reasonably believes that it would be necessary to
comply with the Company’s policies, or for the protection of the
Company’s best interests. If the user doesn’t comply- or breaks
any part of this Agreement, the Company may close the account(s)
and take other legal actions or any other legal measures to
protect the Company’s interests.
15. Confidentiality and Confidential Information
The user shall not use any confidential information of any kind for
its own commercial or other purposes, and may not share such
confidential information with any person or with any third-party,
either directly or indirectly without the prior written consent from
the Company. The user will not use confidential information for any
purposes other than for fulfilling the obligations of this
Agreement.
16. Changes to these Terms and Conditions
- The Company reserves the right, at any time and in its own
discretion, to change, delete or add items to this Agreement,
and this without the obligation to give prior notice in writing.
If necessary, a written notice will be sent to the e-mail
address registered.
- The Company reserves the rights to freeze the account and/or to
reduce the balance of the account if the traffic created by the
user has been made through fraudulent means or in violation of
terms & conditions.
- The user is hereby agreeing that he will not create your own, or
amend in any way whatsoever, creative media supplied to him by
the company unless he has received prior written consent to do
so. Any amendments to our creative media is a breach or our
terms and conditions.
17. Miscellaneous
- All communications and documents to be made or given pursuant to
these Terms and Conditions must be in the English language.
- These Terms and Conditions constitute the entire agreement and
understanding of the Parties and supersedes any previous
agreement between the Parties relating to the subject matter of
these terms and conditions.
- If at any time any one or more of the provisions of these terms
and conditions is or becomes illegal, invalid or unenforceable
in any respect under any law of any jurisdiction neither the
legality, validity or enforceability of the remaining provisions
of these terms and conditions nor the legality, validity or
enforceability of such provision under the law of any other
jurisdiction shall be in any way affected or impaired as a
result.
- Headings are inserted for the convenience of the parties only
and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice
versa.