1 Welcome to https://apespace.io/ a website-hosted user interface (the “Interface” , “App”, "Service") provided by Innovative Fuse Ltd. (“COMPANY”, “we”, “our”, or “us”). The Interface provides access to decentralized protocols and aggregates and provides information on cryptocurrency, utility tokens, digital coins/currency, initial coin offerings that do not amount to an offering of securities or securities-tokens (“ICO”), and other related digital currency information,
1.2 For the avoidance of doubt, the Site pertains only to cryptocurrency, and not any products or instruments that can be classified as “securities”.
1.3 This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully.
By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface.
1.4 IMPORTANT NOTE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS BY USING OR ACCESSING THE SERVICES, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. ARBITRATION WILL BE VIA: The BVI International Arbitration Centre (BVI lAC),established under the British Virgin Islands Arbitration Act 2013 (the Act)
2.2 We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement. All modifications will be effective when they are posted, and your continued use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.
3.1 To access or use the Service, you must be at least of legal age in your respective jurisdiction. The Service is strictly for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You must not use the Service if we have terminated any account of yours or banned you from use of the Platform or the Service.
4.1 All Content and Site Services, including but not limited to, write-ups, compilations, listings, analysis, summaries, extracts, derivations, articles, translations, quotations, loyalty reward schemes, contracts, terms and conditions, APIs, widgets, plugins, extensions, software, algorithms, source codes, object codes, forecasts, budgets, analysis, credit ratings, reports, logs, diagrams, graphs, charts, layout, photographs, drawings, financial information and other data, as displayed on our Site and Site Services, in our Content and in our Updates, are protected by copyright, design rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), whether registered, registable or otherwise. You agree therefore that without our Company's prior written consent (or as may be specifically stated on our Site in relation to any particular portion of our Content except for the limited use as permitted thereunder Section 4(B) below, you are not otherwise permitted to howsoever reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of our Content, products or services found on our Site, our Site Services, or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our Content.
4.2 For clarification, and without prejudice to Clause 4.1 above, all Content and Site Services are strictly protected by copyright laws. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of our Content or Site Services except to view or use strictly pursuant to the purpose for which it was made available (on your computer, mobile phone, tablet and other personal devices or Entity’s devices that are under and securely in your control) as may be permitted herein and/or by the other provisions of the Agreement. In the event that any other provisions of the Agreement permit you to download, store, use, retain or copy any part of our Content or any mobile application or other software or feature (individually and collective “Downloads”) available on our Site, you agree that such consent shall not constitute the transfer or assignment of any rights or ownership in such Downloads to you, and you are merely granted a non-exclusive, non-sublicensable, non-transferable and revocable (at any time by our Company) licence to use the Downloads pursuant to the purpose for which our Company granted its consent.
4.3 All company names (including but not limited to our Company's name, Fundraisers’ names, and the company names of any third parties), logos, trade marks, service marks, brands, whether registered or otherwise (collectively the "Branding") represented on our Site, our Site Services and in our Updates belong to our Company or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site and Site Services, in our Content and our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.
(B) Limited Use
4.5 “Personal Use” shall refer to your non-commercial review and republication (on a non-commercial site) of some or part of our Site Content (as screenshots or screen captures without any modification thereto and with due attribution to ApeSpace), and the linking of our Website, subject to Clause 4.6 below.
4.6 You may republish some or part of our Site Content (individually and collectively, the “ScreenCaptures”), and/or place one or more links to the Website (individually and collectively, the “Link”) on your own non-commercial website, blog or other platform (individually and collectively, “Your Platform”), provided that:
Any Link shall be titled only as "Link to ApeSpace.io”;
Any ScreenCaptures shall be duly attributed with the phrase “Screenshot from ApeSpace.io”;
No ScreenCaptures shall contain third party information, write-ups or feedback (i.e. information from an user of ApeSpace or information regarding other entities, which are not information from or about ApeSpace itself), nor any personal data (i.e. information that can be used singly or in conjunction with other available information to identify an individual);
Your Platform shall not contain any content that is unlawful, threatening, scandalous, seditious, abusive, libelous, defamatory or otherwise inappropriate to the image of ApeSpace (as may be determined by our Company in our sole discretion);
The look and feel of all content that accompanies the ScreenCaptures and/or Link or is on the same page as any ScreenCaptures or the Link shall not (as determined in the sole discretion of ApeSpace) bear any write-ups, pictures, content, insinuations, or implications that may lower the reputation of ApeSpace, damage or dilute the goodwill associated with ApeSpace, the reputation or any Branding
No content on Your Platform shall contain any information that (in ApeSpace’s sole discretion) may create any false impression that you, Your Platform, services, products or any other website, services, products, person or entity is endorsed by, sponsored by or otherwise associated with ApeSpace or any of its business partners (as reflected by their names, logos, or branding on the Website), or that any activity engaged in by you or anyone else has been howsoever endorsed by ApeSpace.
4.7 You agree that our Company retains full rights to revoke our consent granted herein to permit your Link or ScreenCaptures at any time in our sole discretion without any prior notice or liability to you. Upon our email notification to you that you may no longer provide a Link or ScreenCaptures on Your Platform, you undertake to promptly (in no event later than two days after our notice to you) remove all such objectionable Link or ScreenCaptures from Your Platform.
5.1 While we have exercised due care in the preparation of all Content displayed and/or made available on our Site, our Site Services, and in our Updates, such content, data, information, Content and materials are provided “AS IS”, “WITH ALL FAULTS" and "AS AVAILABLE”. Information pertaining to Fundraisers are provided by the Fundraisers themselves and/or third party sources that feature information regarding the Fundraisers.
5.2 YOUR USE OF OUR SITE, OUR SITE SERVICES, AND OUR UPDATES, AS WELL AS YOUR VIEWING, DOWNLOADING OF CONTENT IS AT YOUR OWN DISCRETION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, CLARITY, RESOLUTION, NON-INTERRUPTEDNESS, SPEED, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), CORRECTNESS OF FINANCIAL DATA AND TRADING VOLUME, TRADING RETURNS, ACCURACY OF TOKEN SWAPS, SECURITY OF TRANSACTIONS, PROJECTED INVESTMENT/SUBSCRIPTION RETURNS, FAILED ENCRYPTION OR FAILURE TO ENCRYPT, DATA CORRUPTION, QUALITY OR QUANTITY OF REDEMPTION REWARDS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, OR RELIABILITY OF OUR SITE, OUR SITE SERVICES, OUR CONTENT OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, WORMS, TROJAN HORSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.
5.3 IN ADDITION, OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE CORRECTNESS OF OUR CONTENT OR SITE SERVICES, THAT ANY ERRORS IN ANY PART OF OUR CONTENT OR SITE SERVICES WILL BE CORRECTED, THAT RESOLUTIONS WILL BE ENHANCED, MERCHANTABLITY, QUALITY, TIMELINESS OF DELIVERY, USABILITY, CONTINUED AVAILABILITY OF REDEMPTION AWARDS, AVAILABILITY OF LOYALTY POINTS, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC VIEWING REQUIREMENTS, RETURNS ON INVESTMENTS, CREDITWORTHINESS, FINANCIAL STATUS, QUALITY OF SERVICES/PRODUCTS OF FUNDRAISERS, SECURITY OF TOKEN SWAPS, MARKET VALUE ACCURACY, ACCURACY OF FINANCIAL INFORMATION (INCLUDING PROJECTIONS, BUDGETS AND FORECASTS), ACCURACY OF CREDIT CHECK RESULTS, RATINGS AND OTHER DUE DILIGENCE REPORTS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, NON-INFRINGEMENT OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON OUR SITE, OUR SITE SERVICES AND/OR IN OUR UPDATES. YOU, AT YOUR OWN VOLITION AND DISCRETION, USE OUR SITE SERVICES, ACCESS OUR CONTENT, ENTER INTO SUBSCRIPTIONS, SIGN-UPS AND/OR ENTER INTO OTHER TRANSACTIONS VIA OUR SITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL SUBSCRIPTIONS, SIGN-UPS, AND/OR OTHER TRANSACTIONS ARE AT YOUR SOLE RISK AND VOLUNTARY ASSUMPTION OF LIABILITY.
5.4 Any credit checks, ratings, litigation history, key personnel reports, or other information that may be provided in our Content in relation to any Fundraisers (where such information is not provided by the Fundraiser itself) are based on third party websites, service providers and bureaus, and we are therefore unable to warrant or undertake any liability on the reliability, validity and accuracy of such third party reports.
5.6 Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of accessing or howsoever using (including but not limited to storing of information on) our Site, our Site Services, our Content or our Updates, including but not limited to any virus, trojan horse, malware or worm attacks on your tablet, smart phone, or computer.
5.7 For the avoidance of doubt, at all times, our Company acts primarily as an information service provider with ancillary services such as decentralized token swaps, and never as a sales representative, trading broker, intermediary, agent, principal, financial advisor, exchange, brokerage, clearing house or trading platform of any kind or capacity for which a licence from the Government of BVI may be required. Without limiting the generality of the aforegoing, the availability of coin purchase and token swapping functionalities on our Website does not render our Site a trading platform for securities as only selected cryptocurrency and tokens (which do not constitute securities as defined in the Securities and Futures Act) can be swapped in a decentralized manner. Accordingly, no information in our Content is to be regarded as an offer, solicitation, or an invitation to treat by our Company. Nothing in our Content constitutes any advice or recommendation to subscribe to any particular ICO or Fundraiser, trade in any digital coins, purchase any tokens or perform any token swaps. Should you wish to subscribe to any particular ICO, please contact the relevant Fundraiser directly. Similarly, should you wish to trade in any specific coins, please contact your broker or trade via the relevant coin exchange platforms accordingly. If you wish to conduct a decentralized token swap using any of our third party provided/hyperlinked token swap functionalities, please conduct your own checks (including the third party’s terms and conditions) to satisfy yourself that your intended swap should be performed before so doing. Accordingly, you agree that our Company bears no liability whatsoever to you in relation to any subscription, product (including coin) purchase, trade or swap that you carry out at your sole risk and discretion.
5.8 You are strongly encouraged to conduct your own due diligence checks and procure your own professional advice before subscribing, trading, purchasing, using ApeSpace, swapping any tokens, or entering into any transactions due to use of or access to our Site. You should only enter into any transaction after due and careful consideration, understanding the risks, and having considered whether you are able to bear such risks of losses. It is therefore in your total and sole discretion as to whether to use any of our Site Services, swap, trade, purchase and/or subscribe to any ICOs listed on our Site. You are at no time under any duress from our Company, Fundraisers and/or any other users of our Site to trade, swap, purchase, subscribe and/or enter into any transactions. Therefore, you agree that you voluntarily assume all risks and full liability in all your transactions, and undertake that you shall not howsoever hold the Company liable or responsible whatsoever in the event of any damages or losses suffered, including but not limited to losses that you may suffer due to misrepresentation, negligent information or fraudulent acts of any Fundraisers.
5.9 In the event that our Company’s liability to you in relation to our Site, our Site Services, our Content, our Updates, products and/or services featured on our Site and/or Updates, cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed USD$50, which you agree is a reasonable compensation amount taking into consideration the limited nature of our Company’s services. Accordingly, you agree that upon receipt of USD$50 from the Company, you will waive all rights against the Company and will make no further claims whatsoever against the Company.
You agree that you will not:
Copy, modify or create derivative works of the Service or any Content;
Copy, manipulate or aggregate any Content (including data) for the purpose of making it available to any third party;
Trade, sell, rent, loan, lease or license any Content or access to the Service, whether commercially or free of charge;
Use or introduce to the Service any data mining, crawling, "scraping", robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor or copy any portion of the Service, or download or store Content (unless expressly authorized by ApeSpace).
Make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Service or any server or network connected to the Service or negatively affects the quality or availability of any Content, or speed or functionality of the Service;
Introduce a virus, Trojan horse, worm, time bomb or other malware to the Service or the Platform, or use any device, software or routine to bypass any software or hardware that prohibits volume requests for information;
Violate, bypass or circumvent any security measure intended to limit or prevent access to the Platform, Content or Service; or
Otherwise attempt to gain unauthorized access to the Service, any Content or to any computer systems or networks connected to the Service or any ApeSpace server, whether through hacking, password mining, unauthorized use of another's password/credentials or any other means;
Restrict, inhibit or interfere with use of the Service by any other user (including by hacking or defacing the Platform);
Introduce or otherwise distribute through the Platform any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data or personal information of ours or any third party;
Make use of any of our trademarks, service marks, trade names or logos or those of any third party displayed on the Platform;
Modify or remove any copyright or other proprietary notice in the Content;
Use the Website, Content or Service for or in connection with any activity that (i) violates any applicable law, statute, ordinance or regulation,or (ii) involves proceeds of any unlawful or illegal activity.
7.1 We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to info(at)apespace.io so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren’t able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
7.2 You agree that the laws of the British Virgin Islands (BVI), without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the BVI, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the BVI . Any claim or controversy arising out of or relating to the Interface, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability (“Dispute”), shall be finally and exclusively settled by arbitration under the jurisdiction of The BVI International Arbitration Centre (BVI lAC) established under the British Virgin Islands Arbitration Act 2013 (the Act).
8.1 The Service may contain links to third-party websites. Your use of all links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party websites does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
8.2 When you leave the Platform, whether via a link contained on the Platform or through the use of your web browser, mobile device or other navigational tool, the information you view is not provided by us. Our terms and policies do not govern your use of third-party websites. We are not responsible for, have no control over and do not monitor or review the content of any other website. A link to a third-party website does not imply sponsorship, approval, affiliation or endorsement by ApeSpace.io of the linked third-party website or of that third party's products or services.
8.3 YOU AGREE THAT ApeSpace.io WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
9.1 By using our website, you agree to the following terms and conditions regarding third-party advertising on our site:
Our website may display third-party advertising. This advertising is not controlled or endorsed by us, and we have no responsibility for the content of the advertising or the products or services promoted by the advertising.
You acknowledge that any interaction you have with third-party advertising on our website is at your own risk. We make no guarantees about the accuracy, completeness, or reliability of any third-party advertising on our website.
We are not responsible for any loss or damage you may experience as a result of interacting with third-party advertising on our website, including but not limited to loss of business, revenue, or profits.
You agree to indemnify and hold us harmless from any claims, damages, or other liability arising from your use of our website, including any interaction with third-party advertising on our website.
We may receive compensation from third-party advertisers for displaying their advertising on our website. This compensation does not affect our editorial content, and we do not endorse or promote any particular product or service advertised on our website.