Agreement Part_2
7. Prohibited activities
7.1 Prohibited Activities. You agree not to engage in any of the following prohibited activities that may be modified by us from time to time, in our sole discretion (“Prohibited Activities”). The specific prohibited activities listed below are given for informational purposes only, but are not exhaustive. If you are not sure about To find out whether or not your use of our Services involves any prohibited activity, please contact support@naypayglobal.com as soon as possible. By accessing and using the NayPayGlobal website and our Services and/or by opening an account, you agree not to violate any law, contract, intellectual property or any other right of third parties or commit a crime, and that you are solely responsible for your conduct when using our services. Without limiting the generality of the foregoing, you confirm that you will not use your account, the NayPayGlobal site or our services in any way to do any of the following:
(a) Illegal Activity. Be, support or send a payment to a person or entity sanctioned under sanctions programs administered in countries where we provide services, including:
but not limited to, sanctions programs and sanctions programs provided for under European Union law administered by the United Nations (collectively, the “Sanctions Programs”); continue activity that would violate, or assist in the violation of, any law, legislation, statute, ordinance, regulations (including, but not limited to, those governing financial services, money laundering, consumer protection, unfair competition, anti-discrimination or false advertising) or a sanctions program, or which would involve the proceeds of any illegal activity activity; publish, distribute or disseminate any unlawful material or information; commit fraud; money laundering; terrorist activities; be in violation of any court order; or any other illegal Activities.
(b) Illegal Businesses. Carrying on any of the following businesses or activities: (i) illegal pornography and the illegal creation, sale or distribution of other obscene materials (including literature, images and other media) and sites of a sexual nature offering services such as prostitution, escorts, pay-per-view and adult live chat features; (ii) illegal gambling and/or illegal gaming activities, including but not limited to payment or accepting payments for bets, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports)
betting, lotteries, auctions with auction fees and office pools), except for payments for online gaming transactions expressly permitted by law in the jurisdiction of both the sender and recipient of the payment; (iii) fraudulent businesses, sale of counterfeit, unauthorized or stolen items or the sale of goods or services illegally imported or exported; (iv) marijuana dispensaries and related businesses where it is illegal carry on such businesses; sale of tobacco, electronic cigarettes and e-liquids; online prescription or pharmaceutical services; age-restricted goods or services; weapons and ammunition; gunpowder and other explosives; fireworks and related products; or toxic, flammable and radioactive materials; (v) sale of narcotics or illegal substances, and any equipment designed to manufacture or use such medicines; (vi) Ponzi schemes, pyramid schemes, high risks investment programs and other activities that we determine, in our sole discretion, to be unfair, deceptive, or predatory toward consumers; and (vii) all companies that we believes it poses high financial risk, legal liability, or violates the law.
(c) Abusive Activity: transmit or upload any material to the NayPayGlobal Site containing viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or anything else harmful or deleterious programs or other computer programming routines that may damage, harmfully interfere with, surreptitiously intercept or expropriate any system, data or other personal information; actions that impose unreasonable or disproportionate harm significant load on our infrastructure, or detrimentally interferes, intercepts or expropriates any system, data or information; attempt to gain unauthorized access to the NayPayGlobal Site, accounts of other Users, computer systems or networks connected to the NayPayGlobal Site, via password mining or any other means; use account information a third party to access or use the NayPayGlobal site; transfer access to your account or rights in your Account to a third party, except by law or with our express consent.
authorization; any activity which creates costs, expenses, losses or liability for us or which causes us to lose (in whole or in part) the services of our ISPs or other providers; activity which operates to defraud us, our users or any other person, including, without limitation, taking funds or digital currency from our platform or other users who are not legitimately and legally yours or withdraw or delete more digital currency or funds from our platform than was legitimately in your account; modify, disassemble, decompile or reverse engineer our Services; use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content herein without our express prior written consent.
authorization; provide us with false, inaccurate or misleading information; transmit spam, chain letters or other unsolicited electronic mail; attempt to interfere, compromise the system integrity or security or decipher any transmissions to or from the servers running our Services; impersonate another person or otherwise misrepresent your affiliation with a person or entity, commit fraud, hide or attempt to hide your identity; use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper functioning of the NayPayGlobal site or any activity carried out on the NayPayGlobal site or our services; access any content on the NayPayGlobal website through any technology or means other than those provided or authorized by us; bypasses the measures we may use to prevent or restrict access to our Services, including without limitation remove, circumvent, disable or otherwise interfere with security-related features or features that prevent or restrict the use or copying of any Content or enforce limitations on use of the NayPayGlobal site or its content; damage, disable, overload or interfere with the operation of our Services in any way; or delete our copyright, trademark or other proprietary rights notices.
(d) Abuse of others: being defamatory, abusive, extortionist, commercially defamatory, unlawfully threaten or harass or otherwise violate or infringe legal rights (such as, but not
limited to the privacy, publicity and intellectual property rights) of others; interferes with access or use by another person or entity of the NayPayGlobal site or any of our Services; interfere, disrupt, negatively affect or inhibit other users from fully enjoying our services; incite, threaten, facilitate, promote or encourage hatred, racial intolerance or acts of violence against others; harvest or otherwise collect information from NayPayGlobal site regarding third parties, including, without limitation, email addresses, without appropriate consent.
(e) Intellectual Property Infringement: Engaging in transactions that violate, infringe or misappropriate any intellectual or industrial property rights of any person (such as copyright, trademarks, patents or trade secrets, or other proprietary rights of any party), right to publicity or privacy or commit a crime; use of our intellectual property, name or logo, including use of any NayPayGlobal trademarks or service marks, without our express consent or in a in a way that might otherwise harm us or our brand; create a false identity in order to mislead others or fraudulently or otherwise misrepresent yourself as another person or a representative of another entity, including, but not limited to, an authorized user of the NayPayGlobal Site or our representative, or fraudulently misrepresent or otherwise than you have an affiliation with a person, entity or group.
We reserve the right at all times to monitor, review, preserve and/or disclose any information as necessary to satisfy any law, regulation, sanctions program, legal process or government request. We reserve the right to cancel and/or suspend your account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your account is associated with prohibited activity. Our services are not available in all jurisdictions and we reserve the right to select markets and the jurisdictions where we provide services. Persons and entities in jurisdictions where we do not provide services, it is prohibited to use or access the NayPayGlobal site and any of our Services.
7.2 License. If you post, upload, input, provide or submit your personal data, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and documents, sign up for our mailing list or create an account (collectively, your “User Content"), you must ensure that the User Content you provide at that time or at any other time is true, accurate, current and complete and that any User Content you post, upload, input, provide or submit to us or via the NayPayGlobal site does not violate intellectual property rights of any third party. We do not own, control or endorse any User Content transmitted, stored or processed via the NayPayGlobal site or sent to us. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the NayPayGlobal site, and you represent and warrant that (i) you own all intellectual rights ownership rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses contained in this Agreement; (ii) your User Content will not violate any agreement or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are responsible for maintaining the confidentiality of your User Content and all of your non-public information. Additionally, you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your user Content, Account or any other breach of security. We will not be responsible for any loss or damage you may suffer from someone else using your User Content or account, with or without your knowledge. However, you may be held responsible for losses, expenses and costs incurred by any NayPayGlobal party or another party due to someone else's use of your user Content or account. You may not use User Content or anyone else’s account at any time without permission of that person or entity.
By posting, uploading, inputting, providing or submitting your User Content to us, you grant us and all necessary sublicensees have a non-exclusive, worldwide, perpetual, right and license to use, reproduce, copy, edit, modify, translate, reformat, create derivative works, distribute, transmit, publicly perform and display your User Content and sublicense these rights to third parties.
You must immediately update and notify us of any changes to your User Content by updating your personal data by contacting us at support@naypayglobal.com, so that we can communicate with you efficiently and provide you with accurate and update information.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion to remove, screen or edit User Content. Moreover, if we have reasons believe that it is likely that there is a security breach, violation or misuse of the NayPayGlobal Site or if you breach any of your obligations under this Agreement or our Privacy Policy, we may suspend your use of the NayPayGlobal site at any time and for any reason. Any User Content submitted by you to the NayPayGlobal Site is accessible by us worldwide.
7.3 Our Proprietary Rights. Except for your User Content, the NayPayGlobal Site and all materials or transferred therefrom, including, without limitation, software, technology, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and user content belonging to other users (the “our content”), and any the Intellectual Property Rights (defined below) relating thereto are our exclusive property and our licensors (including other users who post User Content on the NayPayGlobal Site). Except like explicitly provided herein or in any applicable additional terms and conditions, nothing the agreement will be deemed to create a license in or under such intellectual property rights, and you agree not to sell, modify, reverse engineer, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our content, without our specific written consent. Use of our content for purposes not expressly authorized by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyrights rights, mask labor rights, moral rights, publicity rights, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as they may exist now or arise hereinafter, and all applications accordingly and registrations, renewals and their extensions, under the laws of any state, country, territory or other jurisdiction
You may choose or we may invite you to submit comments or ideas about our Services, including without limitation on how to improve our services or products (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not be place us under any fiduciary or other obligation, and that we are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or if not to anyone. You further acknowledge that by accepting your submission, we do not waive any right to use similar or related ideas already known to us or developed by any of the NayPayGlobal Parties, or obtained from sources other than you.
7.4 Third Party Content. We may display third party content, advertisements, links, promotions, logos and other materials on the NayPayGlobal Site (collectively, the “Third Party Content”) for your convenience only. We do not endorse, control, approve, or sponsor any third party or third party content, and we make no representations or warranties of any kind regarding such third party content, including, without limitation, the accuracy, validity, legality, respect for copyright or decency of such content. If you access a third-party website or service from the NayPayGlobal website or share your User Content on or through a third-party website or service, you do it yourself risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly release the NayPayGlobal parties from any liability and liability arising from your use of any third party website, service or content, including without limiting user content submitted by other users.
8. Privacy and security
8.1 Confidentiality. We respect the privacy of our users and only ask for the information necessary to use our Services or to comply with our obligations under applicable law.
You acknowledge and agree that we will happily comply with any legal requests for information. on our side. We reserve the right to provide information to law enforcement and other third parties to respond to requests for information, participate in investigations, respond to legal proceedings, respond to orders of a court of competent jurisdiction and of those exercising the authority of the court, and to protect us and our users.
You understand that by using our Services, you consent to the collection, use and disclosure of your information. personally identifiable information and aggregated data as set forth in our Privacy Policy and to your personally identifiable information is collected, used, transferred and processed in jurisdictions where we provide services. By accepting this agreement, you expressly authorize us to export data outside the jurisdiction in which you reside or are located when accessing our Services. You acknowledge that we may process personal data about you (if you are an individual) and personal data that you have provided to us or will provide to us in the future in relation to your entity, your employees or other associates, in connection with this Agreement or our Services.
Accordingly, you represent and warrant that:
• Your disclosure of personal data relating to persons other than yourself has been or will be carried out in accordance with all applicable data protection and data privacy laws, and such data is accurate, current and relevant at the time of disclosure;
• Before providing us with such personal data, you have read and understood our Privacy Policy Policy which may be modified from time to time and is incorporated by reference and
forms part of this Agreement and have provided a copy of it to any person whose the data you provide to us; And
• from time to time, if we change the Privacy Policy, you will promptly read it and provide a copy to any person whose personal data you have provided to us.
8.2 Security. We care about the integrity and security of your personal information and we take a number of security measures, including storing all users' personal information in an encrypted format fashion. However, we cannot guarantee that unauthorized third parties will not endanger our security. measures or use your personal information for inappropriate purposes. You acknowledge that you provide us with your personal information at your own risk.
We are not responsible for any damage or interruption caused by computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or any other equipment, or any phishing, identity theft or other attack originating from the use of the NayPayGlobal site. We advise regular use of reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to identity theft and phishing attacks and should exercise caution when reviewing messages claiming to come from us. Our client support will never attempt to access your computer or ask for your password or two factor authentication codes. Always log in to your account through the official website to view everything transactions or actions required if you are uncertain about the authenticity of any communication.
9. Closure, Suspension, Termination and Appeals.
9.1 Closure of your account and unclaimed property. You can close your account at any time in accordance with our policies and procedures by withdrawing all balances. When you close your account, you authorize us to cancel or suspend any pending transactions at the time of cancellation and any balance in your account will be sent to you or your digital currency address as requested minus any unpaid amounts owed to us, the unsubsidized coin/miner network transaction fees and any other third party fees.
In the event your account is closed, whether by you or us, any digital currency or funds in your account must be claimed and deleted by you within 30 days from the date your account is closed. If you not claim and delete digital currency or funds from your account within 30 days of creating your account closing date, a recovery and return fee equal to eight percent (8%) of all digital currency and the funds in your account will be charged by us, if the digital currency can be recovered and returned at all, and we reserve the right, in our sole discretion, not to attempt to collect and return you small quantities.
You may not use closing your account as a means of evading an investigation or inquiries from us. If there are questions or investigations underway at the time you request to close
your account, we may refuse your request to close your account and/or hold your digital currency and/or funds as appropriate to protect us against financial and/or legal liability. If you are subsequently determined to be entitled to all or part of the digital currency and/or funds in dispute, we will transfer such digital currencies and/or funds for you. You will remain responsible for all obligations related to your account even after closing this account.
If we suspend or terminate your account or terminate your use of the Services for any reason,we reserve the right to ask you to provide identity verification information and to comply with the identity verification procedures before allowing you to transfer or withdraw digital currency.
If you have not accessed your account for a period of two years and we have been unable to contact you after three attempts to the last contact address or email address that we have for you on file, your account may be terminated at our option and sole discretion. Moreover, if we take digital currency or virtual assets in your name that you have not claimed, we may be required to deliver such digital currency or virtual assets to authorities in certain jurisdictions like unclaimed property. We reserve the right to deduct dormancy fees or other administrative costs of these unclaimed funds, to the extent permitted by applicable law.
9.2. Suspension, termination; other remedies, etc.
We may, at any time and in our sole discretion and without liability to you, with or without notify, suspend, restrict or terminate your access to all or part of the Services or your account, create limits on usage or digital currency transactions for our services, refuse to complete a digital currency transaction and/or deactivate or cancel your account.
Without limiting the generality of the foregoing and any other remedies we may have under
applicable law, we may, for purposes of illustration, without notice or liability: (a) refuse to complete or block, reverse or cancel a digital currency transaction that you have authorized, including without limiting, blocking funding or withdrawals from your account; (b) suspend, restrict or terminate your access to your account and all or part of our services (including, but not limited to, the possibility to send funds or make withdrawals from your account and/or limit withdrawals); (c) put on hold or freeze any digital currency and/or funds in your account for any period we deem appropriate;
(d) issue statements or warnings to the public or other users; (e) right of contact law enforcement or other relevant authorities and/or disclose information about you and/or your account and your account's transactions with law enforcement or other relevant authorities; (F) suspend, deactivate or close your account with immediate effect for any reason; and/or (g) refuse to provide our services to you, including, but not limited to, where:
• You are in breach of this Agreement or we have concerns or reasonably suspect that you are act in violation of this Agreement.
• We reasonably suspect that you are using the NayPayGlobal site or our services in connection with a prohibited activity.
• You are in violation of applicable law, we have concerns or reasonably suspect that you are in violation. violation of applicable law or we are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction.
• We have concerns about the security of your account, whether a transaction is erroneous or we suspect that your account or our services are being used in a fraudulent, illegal or suspicious manner or in any unauthorized manner, including, without limitation, high volume transactions.
• We suspect money laundering, terrorist financing, fraud or any other financial crime.
• Use of your account is subject to any pending litigation, investigation, or government.
procedure and/or we perceive an increased risk of legal or regulatory non-compliance
associated with your account activity or you are subject to a court order.
• You have not paid our fees or there are not enough digital currency or funds in your account to cover the transaction and (if applicable) associated fees at the time we receive notification of the transaction.
• You do not provide us with the information we request in a timely manner and/or we have concerns about information collected about you.
• Our service partners are unable to support your use of our services.
• You take any action that may circumvent the security of the NayPayGlobal site or our controls such as opening multiple accounts or making transactions for the benefit a third.
• In the event of a force majeure event (as defined in section 10.3 below).
• Any other event which would make the provision of the Services commercially unreasonable for us.
If we suspend or terminate your account, or terminate your use of our services, in whole or in part, for any reason, you acknowledge that our decision to take certain actions, including limiting access suspension or closure of your account may be based on confidential criteria essential to our risk management and security protocols. You agree that we are not required to disclose any details of its risk management and security procedures.
If your account is terminated for any reason, you will continue to be bound by this Agreement.
Furthermore, to secure the performance of your obligations under this Agreement, you hereby grant to
the additional consideration that provides VASP services to you or its respective representative first priority continuing security interest in and to all of your rights, title and interest in and to all of your account(s), together with all interests therein, whether now owned or hereafter existing acquired or arising and wherever located and all products, products, substitutions, additions, accessions and replacements thereof (all hereinafter collectively referred to such as the “Guarantee”). You must not create any security on your Guarantee without our prior written authorization consent.
In addition to any rights and remedies we may have under this Agreement or applicable law, the occurrence and during the persistence of any failure to pay any fees, expenses, costs, losses, liabilities or other obligations owed to us (collectively, the “Obligations”), you hereby authorize us at any time and from time to time, without notice or consent from you, any you have waived such notice or consent to the fullest extent permitted by applicable law, to define withdraw and enforce any collateral we hold at any time to or for your credit or that of your account against all obligations owed to us under this agreement, any other agreement or otherwise, now or hereafter existing, whether or not we have made a request under this Agreement or any other agreement and although such obligations may be conditional or not due or denominated in a currency or digital currency other than that of the Guarantee.
You are solely responsible for your interactions with other users. We reserve the right, but do not have obligation, to monitor disputes between you and other Users. We will have no liability or liability for your interactions with other users, or for the action or inaction of any user.
10 General conditions of the contract
10.1 Limited License. We grant you a non-exclusive, limited, non-transferable and freely revocable license, subject to the terms of this agreement, to access and use the NayPayGlobal site, and the content, material, information (collectively, the “Content”) only for approved purposes as authorized by us from time to time. Any other use of the NayPayGlobal site or content is expressly prohibited and all other rights, titles and interests in and to the NayPayGlobal Site or Content are solely the property of us and our licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transfer or sale, create derivative works from, or otherwise exploit any content, in whole or in part. “NayPayGlobal”, “UABSV”, “UAB Star Ventures”, “Star Ventures”, “Nebula” and all logos related to or displayed on our Services on the NayPayGlobal site are our trademarks or registered trademarks or those of our licensors. You can not copy, imitate or use them without our prior written consent.
10.2 Assignment and novation. This agreement is personal to you and you may not transfer, assign,innovate or delegate your rights, licenses, interests, responsibilities and/or obligations to anyone else. You irrevocably agree that we have the right and may, at any time, transfer, assign, novate or delegate all or any of our rights, titles, licenses, interests, benefits, assets (including portfolios), liabilities and/or our obligations under this Agreement and/or under any other agreement, document and/or insurance in connection therewith and/or in connection with your account(s) and/or any service available hereunder, in whole or in part, to any party, including, without limitation, under a merger, transfer of assets, acquisition or other corporate reorganization involving us, without obtaining your consent, authorization or approval and in any manner we deem appropriate. You hereby irrevocably accept any transfer, assignment, novation or delegation of this Agreement and any other agreements, documents and assurances in connection with this or your account(s) with us and/or any services available thereunder or secure your obligations under it and you also irrevocably agree to enter into all documents necessary to give effect to such transfer, assignment, novation and/or delegation.
10.3 Force majeure. We will not be liable for any breach of the Agreement, including delays, failure performance or interruption of the service, or any loss or damage arising directly or indirectly from any event or circumstances beyond our reasonable control, including but not limited to flooding, extraordinary weather conditions, earthquake or other force majeure, fire, war, insurrection, riot, work dispute, accident, government action, communications, pandemic, power or equipment failure or software malfunction, changes in law or any other cause beyond our reasonable control (each, a “Force Majeure Event”).
10.4 Entire Agreement. This Agreement (including the Privacy Policy and any other documents incorporated by reference herein) constitute the entire agreement between you and us with respect to the subject matter hereof, and it supersedes all discussions, agreements of any kind (including, without limitation, any prior versions of this Agreement), and all nature between and among you and us. This Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors, assigns, heirs, executors, administrators and legal representatives.
10.5 Interpretation. The section titles in this Agreement are for convenience only and do not govern the meaning or interpretation of any provision of this Agreement.
10.6 Disability. Any provision of this Agreement which may be determined by the competent authority to be prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be of no effect to the extent of this prohibition or its inapplicability without invalidating the other provisions and such prohibition or unenforceability in any jurisdiction shall not invalidate or render such provision inapplicable in any other jurisdiction. In this case, the parties to this agreement will in good faith modify or replace this provision consistent with the original intent of the parties.
10.7 Enforcement of our rights. Our failure to enforce any threatened or existing breach, default or breach of this Agreement shall not be deemed a waiver of such breach, default or failure, and we will have the right to apply it subsequently and the right to waive in writing any
provision or condition imposed herein for its benefit without waiving any other provision or Condition.
10.8 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections relating to suspension or termination, account cancellation, debts owed to you, general use of NayPayGlobal Site and General Provisions will continue to be binding and operate after termination or the expiration of this Agreement or your Account.
10.9 Electronic Communications. You agree that this agreement constitutes “a writing signed by you” under any applicable law or regulation. This Agreement, all amendments and any other agreements, notices or other communications regarding your account and/or your use of our Services (collectively, “Communications”) may be provided to you electronically and you agree to receive all communications from us in electronic form. Electronic communications may be published on the pages of the NayPayGlobal site and/or delivered to your email address. You can print a copy of any communication and keep it for your records. All communications in either the electronic or paper format will be considered to be “written” and to have been received at the latest more than two (2) business days after publication or broadcast, whether or not you have received or recovered communication. We reserve the right but assume no obligation to provide Communications sous format papier.
It is your responsibility to keep your email address and postal address in our records up to date in order that we may communicate with you electronically. You understand and agree that if we send you a Communication but you do not receive it because your registered email address is incorrect or out of date, our ability to contact you at the email address is blocked by your service provider, or you are otherwise unable to receive a communication, we will be deemed to have provided the Communication addressed to you, whether or not you actually received the Communication. Please note that if you use a spam filter that blocks or redirects emails from senders not listed in your email address book, you must add NayPayGlobal to your email address book in order to receive communications we send to you. You can update your email address or postal address at any time by logging into your account or sending this information to support@naypayglobal.com. If your email address becomes invalid, so electronic communications we send to you are returned, we may consider your account inactive and you may not be able to complete any transaction through our Services until we receive a valid and working email address from you.
10.10 Credit Report. You agree that we may obtain and review your credit report for the purpose of assessing your suitability to open an account and/or use one of our services.
10.11 Taxes. It is your sole responsibility to determine whether and to what extent taxes apply to all digital currency transactions you make through our services, and to retain, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your account. You agree that we are not responsible for determining whether taxes apply to your digital currency transactions or for collection, reporting, withholding or remit any taxes arising from any of your digital currency transactions.
10.12 No sales to children. Our Services are not intended for children, but only for adults. If you are under eighteen (18) years old, you may not use our Services.
10.13 Applicable law. This Agreement shall be governed in all respects, including with respect to validity, interpretation and effect, by the law of the Cayman Islands, without regard to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10.14 Arbitration. Read this section carefully because it requires each party to this agreement to arbitrate our disputes and limits the manner in which you can seek redress from us. For any dispute with us, you agree to first contact us at support@naypayglobal.com and attempt to resolve the dispute with us informally. In the unlikely event that we are unable to resolve a dispute we have with after ninety (90) days, we each agree to resolve any claim, dispute or controversy (excluding any claim for injunctive or other equitable relief as provided below) arising out of or in connection with with or relating to this Agreement, or the breach or alleged breach thereof, by binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA) in force at the time of the arbitration, except as may be modified herein or by mutual agreement of the parties .The number of arbitrators will be that mutually selected by NayPayGlobal and you in 30 days after the start of the arbitration. If you and we cannot agree on the selection of a sole arbitrator, the LCIA court will then appoint the sole arbitrator within 30 days. The registered office or legal place of the arbitration will take place in London, England. The language to be used in the arbitral proceedings will be English. The law applicable to the Contract will be that set out in section
10.13 Applicable Law. This agreement shall be governed in all respects,including as to validity . Judgment on the award may be rendered by any court of competent jurisdiction or having jurisdiction over the relevant party or its assets. All costs and expenses of the arbitrator and all other costs associated with the conduct of the hearing will be borne equally by the parties. Each party will bear its own costs and expenses of the arbitration, including its legal and other costs. legal representation. Nothing in this section shall be deemed to preclude us from seeking injunctive or other equitable relief from the Cayman Islands courts if necessary to prevent the actual or threatened incident violation, misappropriation or violation of the security of our data, our intellectual property rights or others property rights. You agree to submit to the exclusive jurisdiction of the courts of the Cayman Islands for any action for which we reserve the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent counterfeiting, misappropriation or threat of infringement or threat violation of our data security, intellectual property rights or copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including, without limitation, any provisional measures necessary to avoid irreparable harm. You agree that the Cayman Islands are the appropriate forum for any appeal of an arbitral award or for legal proceedings of first instance in the event that the above arbitration provision is found to be inapplicable.
10.15 Change of Control. In the event we are acquired or consolidated, merged or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) in connection with any such merger, consolidation, amalgamation, acquisition, sale or other change of control.