These Terms of Use were last updated on 1st Day of August, 2018.
These Terms of Use (“Terms of Use”) apply to Credit Rating for Blockchains, Exchanges and Coin Offerings
collectively known as CREBACO and its affiliates, which you have a contract with or which provide services
to you, (collectively or individually, as applicable, referred to as "CREBACO", "Company" "we", "our",
"us").
By accessing and using any of CREBACO websites including any connected mobile application or version
thereof (each a "Site"), you agree to be legally bound by these Terms of Use and you represent that you
have the legal capacity to be bound by these Terms of Use. The terms "you" and "User" refer to anyone who
accesses a Site.
By accessing and using any of CREBACO websites including any connected mobile application or version
thereof (each a "Site"), you agree to be legally bound by these Terms of Use and you represent that you
have the legal capacity to be bound by these Terms of Use. The terms "you" and "User" refer to anyone who
accesses a Site.
These Terms of Use contain terms, conditions, covenants and provisions upon which you may access and use a
Site and all content, including, without limitation, text, ratings, opinions, photographs, video, audio,
graphics, tools, analytics, functionality, products and information (collectively, the “Content”)
displayed and/or otherwise contained on a Site. If at any time you do not agree with the Terms of Use, you
will stop accessing and/or using the Site(s) and the Content. Each Site and the Content contained therein
is the exclusive property of CREBACO Global or its suppliers.
Notwithstanding anything in the Terms of Use to the contrary, your rights to use certain material
available on or through each Site may be subject to separate written license agreements with CREBACO
(“Other Agreements”). In the event you have an Other Agreement to access all or any portion of a Site,
including any separately entitled sections of a Site, then the Other Agreement, rather than these Terms of
Use, will govern your use of such Site. In the event of a conflict between your Other Agreement and these
Terms of Use, the terms and conditions in the Other Agreement shall prevail.
Any attempt by you to modify these Terms of Use is expressly rejected by CREBACO Global and shall have no
force or effect regarding your use of a Site. CREBACO may change these Terms of Use at any time without
notice. Changes will be posted on each Site under "Terms of Use". Your access and use of a Site after any
changes have been posted will constitute your agreement to the modified Terms of Use and any changes.
Therefore, you should read these Terms of Use from time to time to be aware of any such changes.
1. USE OF THE SITE(S)
BCREBACO grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and
use the Site(s) and the Content conditioned upon your compliance with these Terms of Use. The Site(s) and
the Content contained therein may be used solely for viewing, ad hoc non-commercial use.
You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute
a Site, including the Content or any component thereof in any manner (including, but not limited to, via
or as part of any Internet site). You may not a) use the Content or any portion of the Site as part of any
intranet or other internal network; b) create archival or derivative works based on the Content or any
portion thereof; or c) modify, reverse-engineer, disassemble, decompile or store any Content or any
portion of the Site. You may not use a Site or any Content contained therein, in whole or in part in any
manner that either competes or is intended to compete with CREBACO or its affiliates, including without
limitation, any distribution of any Content or a derivative work based thereon. You may not use a Site for
any illegal purpose or in any manner inconsistent with these Terms of Use. CREBACO may discontinue or
change a Site and any the Content contained therein, or their availability to you, at any time without
notice. CREBACO is not under any obligation to update any Content following publication on a Site. The
terms of these Terms of Use will survive any such discontinuation.
2. INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE
All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights,
trademark rights, rights to trade names, service marks and other product and service names and logos)
contained within a Site and any and all Content, including, but not limited to, all information, data,
ratings and ratings symbology, software, products and documentation contained or included therein, are and
shall remain the sole and exclusive property of CREBACO and its suppliers. Each Site and any and all
Content contained herein is protected by copyright in addition to other intellectual property laws. Any of
the trademarks, service marks or logos (collectively, the "Marks") displayed on a Site may be registered
or unregistered marks of CREBACO. Nothing contained on a Site shall be construed as granting any license
or right to use any of the Marks displayed on the Site absent the express written permission of CREBACO or
a third party owner of such Marks. You agree to honor all reasonable requests by CREBACO or its suppliers
to protect and preserve their respective proprietary interests in each Site and any and all Content
contained therein. Each Site and the Content are compiled, prepared, revised, selected and arranged by
CREBACO and its suppliers through the application of methods and standards of judgment developed and
applied through the expenditure of substantial time, effort and money, and each Site and any and all
Content constitute valuable intellectual property of CREBACO and its suppliers. Copying of, use of, access
to or distribution of a Site or any Content contained therein in breach of these Terms of Use may cause
CREBACO and/or its suppliers irreparable injury that cannot be adequately compensated for by means of
monetary damages. Any breach hereof by you may be enforced by CREBACO or its suppliers by means of
equitable relief (including, but not limited to, injunctive relief) in addition to any other available
rights and remedies. Any actual or attempted illegal or unauthorized uses of a Site, the Marks or any
Content are strictly prohibited and may result in criminal and/or civil prosecution.
Export Restrictions. CREBACO does not in any manner warrant or represent that the materials on a Site,
including any Content contained therein, are appropriate or available for use in any particular location.
If you choose to access a Site including any Content therein, you do so on your own initiative and you are
responsible for compliance with all applicable laws.
NOTE: For your protection, CREBACO reserves the right to view, monitor, and record activity on the Site in
accordance with CREBACO's Privacy Policy and Cookie Notice, to the fullest extent permitted by applicable
law. CREBACO hereby reserves the right to discontinue access to a Site either with or without notice if
CREBACO has a reasonable basis to believe that a User is accessing or using any Content in violation of
these Terms of Use, in addition to any other available rights and remedies.
3. ANTI-HACKING PROVISIONS
You expressly agree not to:
- use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer
code" or any other automated device, program, tool, algorithm, process, or methodology or manual process
having similar processes or functionality, to access, acquire, copy, or monitor any portion of a Site, any
Content found on or accessed through a Site, or any User Content without the prior express written consent
of CREBACO;
- obtain or attempt to obtain through any means any Content on a Site that has not been intentionally made
publicly available, either by their public display on a Site or through their accessibility by a visible
link on a Site;
- violate any measure employed to limit or prevent access to a Site or the Content;
- violate the security of a Site or attempt to gain unauthorized access to a Site, the Content, or data,
materials, information, computer systems or networks connected to any CREBACO server, through hacking,
password mining or any other means;
- interfere or attempt to interfere with the proper working of a Site or any activities conducted on or
through a Site, including accessing any Content prior to the time that it is intended to be available to
the public on a Site;
- take or attempt any action that, in the sole discretion of CREBACO, imposes or may impose an
unreasonable or disproportionately large load or burden on a Site or the CREBACO infrastructure;
- misuse a Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is
malicious or technologically harmful.
4. DISCLAIMER AND LIMITATIONS OF LIABILITY
CREBACO does not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent misrepresentation. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, CREBACO, AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND
REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE AS TO A SITE OR ANY CONTENT, INCLUDING INFORMATION, DATA, SOFTWARE OR PRODUCTS
CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A reference to a
particular investment or security, a credit rating or any observation concerning an investment or security
provided on a Site is not a recommendation to buy, sell or hold such investment or security or make any
other investment decisions and does not address the suitability of any investment or security. Content
should not be relied on and is not a substitute for the skill, judgment and your experience or the
experience of your advisors and/or clients in making investment and other business decisions. CREBACO does
not act nor shall be deemed to be acting as a fiduciary in providing a Site or any Content.
NEITHER CREBACO NOR ANY OF ITS SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF A
SITE, ANY CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR
WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT A SITE
OR ANY CONTENT WILL BE FREE OF VIRUSES, WORMS OR “TROJAN HORSES”. NEITHER CREBACO NOR ANY OF ITS SUPPLIERS
SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN A SITE, INCLUDING
CONTENT. EACH SITE, CONTENT CONTAINED THEREIN AND ANY AND ALL COMPONENTS THEREOF, IS PROVIDED ON AN
“AS-IS” BASIS AND YOUR USE OF A SITE AND ANY CONTENT IS AT YOUR OWN RISK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WHATSOEVER SHALL CREBACO OR
ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES OR LOST TIME OR GOOD WILL, EVEN IF
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE. NEITHER CREBACO NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD
PARTIES.
IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON CREBACO OR ITS SUPPLIERS, IN NO EVENT SHALL THE
MAXIMUM CUMULATIVE LIABILITY OF CREBACO AND ITS SUPPLIERS IN CONNECTION WITH A SITE, ANY CONTENT AND/OR
THESE TERMS OF USE, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EXCEED ONE HUNDRED DOLLARS (US$100). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING
TO YOUR USE OF A SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS
ACCRUED.
You are entirely liable for activities conducted by you or anyone else in connection with your browsing
and access to and use of a Site. If you are dissatisfied with a Site or with these Terms of Use, your sole
and exclusive remedy is to stop using such Site.
5. LINKS TO OTHER WEB SITES FROM THIS SITE
You may, through hypertext or other computer links, gain access to web sites operated by persons other
than CREBACO. Such hyperlinks are provided for your reference and convenience only and are the exclusive
responsibility of the owners of each such web site. You agree that CREBACO is not responsible for the
content or operation of such web sites, and that CREBACO shall have no liability to you or any other
person or entity for the use of third party web sites. Except as described below, a hyperlink from a Site
to another web site does not imply or mean that CREBACO endorses the content on such web site or the
operator or operations of such web site. You are solely responsible for determining the extent to which
you may use any content at any other web sites to which you link from a Site.
As you browse through a Site you may access other web sites that are subject to different terms of use.
When you use those other web sites, you may be legally bound by the specific terms of use posted on such
web sites. If there is a conflict between these Terms of Use and other terms of use of such web sites, the
terms of use of such web sites will govern with respect to your use of such web sites.
6. USER CONTENT
The User grants to CREBACO a perpetual, nonexclusive, irrevocable, fully paid, royalty-free,
sublicenseable and transferable (in whole or in part) worldwide right and license in any and all media,
now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create
derivative works based upon and otherwise exploit all material posted to or received through a Site by,
from or on behalf of the User or anyone else using the User’s account (other than third party material
transmitted through private electronic mail) (“User Content”) (including, without limitation, any names,
voices, likenesses, performances and actions contained therein) for any purpose whatsoever (including,
without limitation, advertising, commercial, promotional and publicity purposes) in CREBACO’s discretion
without notice, approval, attribution or consideration to you or to any other person or entity. You
represent and warrant that you have all rights necessary to grant the foregoing license, that neither the
permission nor consent of any other person or entity is required to enable CREBACO to legally use the User
Content in accordance with this license; that all User Content provided to a Site by you or anyone else
using your account complies with all applicable laws, rules and regulations; and that CREBACO’s use of the
User Content in accordance with this license will not violate or infringe upon the rights of any person or
entity.
Users entering material into a Site are responsible for the content of that material. CREBACO does not
have any responsibility for User Content, including the content of any messages or information posted by
Users or others, or for the content of information accessible via direct or indirect hyperlinks from a
Site. However, CREBACO retains the right, to review, edit or delete User Content that CREBACO deems to be
illegal, offensive or otherwise inappropriate.
You may not input or distribute any material through the Site that is promotional in nature, including
solicitations for funds or business, without the prior written authorization of CREBACO.
7. PRIVACY POLICY AND COOKIE NOTICE
Please see the CREBACO Privacy Policy and Cookie Notice for information on CREBACO’s data collection and
use practices with respect to a Site.
As part of access to portions of a Site, you may be required to provide certain information, such as, your
name and email address. In addition, you may be required to select a username and password. You represent
and warrant that any information you provide to CREBACO in connection with a Site shall be accurate and
complete. You further agree to keep any passwords/user IDs in connection with a Site in strict confidence
and promptly advise CREBACO of any actual or threatened unauthorized disclosure or misuse of a Site or any
passwords/user IDs with respect to a Site that come to your attention. You shall cooperate with CREBACO in
enforcing the restrictions and limitations set forth herein.
8. COUNTRY CONDITIONS
The terms and conditions set forth in this section (the “Country Conditions”) are the result of various
regulatory and/or legal requirements relating to usage of a Site including its Content. Your use of a Site
in the specified jurisdictions is subject to these Country Conditions.
All countries located in Europe, the Middle East or Africa (“EMEA”). In the event your use of the Ratings
is in any country located in EMEA, you further acknowledge and agree to the following: the Ratings shall
not in any circumstances be used by you where, as part of an effort to sell securities to Retail Investors
(as defined below), you use the Ratings: (a) to create a type of recommendation, (b) to create your own
interpretation of the Ratings or (c) in some other form of “risk classification”. For the purposes of this
Terms of Use, “Retail Investor” shall mean an individual investor who buys and sells securities or other
financial products for his/her personal account, and not for another company, individual or organization.
9. ADDITIONAL LEGAL TERMS
These Terms of Use constitute the entire agreement between the parties relating to each Site and
supersedes any and all other agreements, oral or in writing, with respect to such Site. The failure of
CREBACO to insist upon strict compliance with any term of these Terms of Use shall not be construed as a
waiver with regard to any subsequent failure to comply with such term or provision. To the fullest extent
permitted by law, you shall indemnify, hold harmless and defend CREBACO and its suppliers from and against
any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs)
arising out of any breach by you of Section 3 (Anti-hacking Provisions). These Terms of Use are personal
to you, and you may not assign your rights or obligations to anyone. If any term or condition hereof is
found by a court, administrative agency or jurisdiction to be invalid or unenforceable, it shall be deemed
modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is
not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof
shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law. Any
claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any
purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”).
The parties expressly waive any ability to maintain any Class Action in any forum.
