1. INTRODUCTION
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT SECTION 9 OF THE TERMS OF SERVICE INCLUDES AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
Redline Blockchain S.A. (“Redline” or “Company”) may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at redlineblockchain.com. Your continued use of the Services constitutes your acceptance of such changes.
2. SERVICES ELIGIBILITY AND INFORMATION
2.1 Services Eligibility
The Services are offered and available to users who are 18 years of age or older. Any registration by, use of or access to the Services by anyone under 18 is unauthorized and in violation of these Terms of Service. By using the Services, you represent and warrant that you are 18 years of age or older and that you agree to abide by the Terms of Service.
We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use Redline Blockchain services, through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.
2.2 Services Information and Limitations
The Red Wallet is a free, open-source, client-side interface that allows you to interact directly with the Redline Blockchain, while remaining in full control of your keys and assets.
When you access certain features of the Services, you will be able to create a wallet and/or access a wallet to perform a variety of transactions. You will receive a key and set up a password. You also will not give us any of your assets, and your tokens and coins are not on Red Wallet. All assets are on the blockchain itself, and we do not control them. No data leaves your computer or your browser. Red Wallet does not collect or hold your keys or information, and Red Wallet cannot access accounts, recover keys, passwords, or other information, reset passwords, or reverse transactions. You are solely responsible for your use of the Services, including without limitation for storing, backing-up, and maintaining the confidentiality of your keys, passwords, and information, and for the security of any transactions you perform using the Site. You expressly relieve and release Red Wallet from any and all liability and/or loss arising from your use of the Services.
Users interacting with digital assets as investments should be aware that all investments involve risks, including the risk of loss of some or all assets. Losses are not insured, and the user assumes responsibility for all losses. Users are advised to exercise caution, conduct research, and not to transact more than they can afford to lose.
3. RIGHTS AND RESTRICTIONS
3.1 Our Proprietary Rights
Our Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services will be the sole and exclusive property of Company, and you hereby irrevocably assign to us all of your right, title and interest in and to the foregoing. Company reserves the right to discontinue any aspect of the Site at any time.
3.2 Restrictions
You agree not to (a) interfere with, damage, impair, or disable the Services' operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express consent or bypass our robot exclusion headers or similar measures; (c) remove, circumvent, disable, damage or otherwise interfere with the Services' security-related features, features that prevent or restrict the use or copying of any part of the Services, or features that enforce limitations of the Services; (d) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service; (e) use the Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws); or (f) use, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.
4. THIRD PARTY CONTENT AND SERVICES
The Site may contain links to third-party websites and/or applications, or employ the use of API integrations to third-party applications (“Third-party Applications”) that are not owned or controlled by Company. Access to and use of any Third-party Applications is at your own risk and we are not responsible for (a) the accuracy or reliability of information on Third-party Applications; (b) the acts or omissions of the operators of Third-party Applications (or their partners or affiliates); (c) any loss or damage incurred in connection with the use of any Third-party Applications, or (d) any transaction you consummate in connection with your use or access of any Third-party Applications. We encourage you to be aware when you utilize these Third-party Applications, and to read the terms and privacy policy of each other Third-party Application that you utilize. We provide these links and integrations merely as a convenience, and the inclusion of such links and integrations does not imply an endorsement. Upon leaving the Site, these Terms of Service shall no longer govern. By using the Site, you expressly relieve and release Company from any and all liability arising from your use of any Third-party Applications.
5. DISCLAIMERS AND LIMITATIONS ON
LIABILITY
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OFFERED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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.
IN NO EVENT WILL 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 IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OFFERED THROUGH THE SITE OR SUCH OTHER WEBSITES, 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.
The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. Company’s liability shall be limited to the extent permitted by law.
Redline is based in the Republic of Panama. We provide this Site for use only by persons located in the Republic of Panama. We make no claims that the Site or any of its content is accessible or appropriate outside of the Republic of Panama. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the Republic of Panama, you do so on your own initiative and are responsible for compliance with local laws. Similarly, the Site has been translated into a variety of languages. However, Company can only verify the validity and accuracy of the information provided in English and, because of this, the English version of the Site is the official text.
6. INDEMNITY
You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of and access to the Services, or your violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
7. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Company without restriction.
8. ARBITRATION AGREEMENT; CLASS WAIVER;
JURY WAIVER
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND COMPANY TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.
8.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, including the Terms of Service, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Service.
8.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be sent to: Torre Inteligente Credi Corp Bank. Pisos 31, Oficina 3101, C. 50, Panamá, Panama Attention: Redline Blockchain S.A. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
8.3 Arbitration Rules. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
8.4 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
8.5 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
8.6 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
8.7 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
9. GOVERNING LAW, VENUE, AND
JURISDICTION
To the extent the parties are permitted under these Terms of Service to initiate litigation in court, both you and Company agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Agreement, including the Terms of Service, shall be governed in all respects by the substantive law of the Republic of Panama, without regard to its conflict of law principles. You and Company hereby consent to submit to the jurisdiction of the federal and state courts sitting in the Republic of Panama for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms of Service, that are not subject to the Arbitration Agreement.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.
10. ENTIRE AGREEMENT
The Terms of Service, Privacy Policy, any other legal notices published by Company on the Site shall constitute the entire agreement between you and Company concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.