Terms of Service
1. Services
1.1 We may provide Services which you can access and/or use, with such features, rights and privileges and on such terms and conditions as we may specify. Any such terms and conditions may be set out through any means we consider appropriate, including as an annex to these Terms of Service. Such terms and conditions will be incorporated by reference into and supplement these Terms of Service. In the event of a conflict between the Terms of Service and the terms and conditions of the Services, the terms and conditions of the Services shall prevail (unless expressly stated otherwise).
1.2 We may introduce new Services, or vary, unsubscribe, suspend, withdraw or cease to provide any or all of the Services. We will endeavor to give you reasonable prior notice before we vary, suspend, withdraw or cease to provide any of the Services but retain the right to do so without prior notice to you. We shall not be liable for any losses or damages as a result of (i) varying, unsubscribing, suspending, withdrawing or ceasing to provide access to and use of any of the Services or (ii) amending any terms and conditions on which the Services are provided.
1.3 In order to access certain Services, you will need an Account and be granted certain features, rights and privileges.
1.4 We shall make reasonable efforts to ensure that the Services are available. However, access to the Services may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or other events (whether within or outside of our control). We will use commercially reasonable efforts to avoid downtime of the Services, but assume no liability if the Services or any part thereof are unavailable at any time or for any period.
2. Accessing the Platform
2.1 You shall register an account (the “Account”) with the Company before using the Services. You agree to provide us with information that is accurate, current and complete at all times. Failure to do so constitutes a breach of this Agreement which may result in suspension or immediate termination of your Account or a Service/Product at the Company’s sole and absolute discretion. You undertake to notify us immediately when any of the information provided by you changes. You agree that you will not register multiple Accounts with the Company, unless a writing consent from the Company is obtained.
2.2 You agree that the Company reserves its right to decline, at our sole and absolute discretion, to open an Account for any person without providing any reason.
2.3 You must not use this website in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2.4 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
2.5You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Flynt’s permission.
2.6 It is the users’ responsibility to ensure that all usernames and passwords are kept confidential. If there is a loss or compromise of your username and password, it is your responsibility to notify Flynt immediately. Upon being notified, Flynt will initiate a reset of your password.
2.7 All users must understand that maintaining a secure Platform is Flynt’s highest priority. Any user acknowledges that they will, at no time, ever knowingly try to undermine the security or integrity of the Flynt platform or that of any third-party software provider.
2.8 At no time should any user compromise the Platform in a way that would cause interference in the functionality of any part of the Platform.
2.9 All users have no expressed authority to use the Flynt platform to interfere or access any account except those in which the user has the authority to access.
2.10 No authority has been given for any user to upload any material into the Flynt platform, and no authorization has been given to download any material from the site except where files have been made available for public download.
2.11 By accessing the Flynt platform, you agree that all business conducted for the legal benefit of the user’s account.
2.12 By opening an account you represent and warrant:
a) that you have accepted the Terms; and
b) that you are at least 18 years of age and have the capacity to accept the Terms;
c) that you are the legal owner of the digital assets you add to your Flynt account;
d) that using the Services does not constitute a breach of your home jurisdictions’ laws;
e) that the information or documents you provide are correct, genuine and up-to-date;
f) that the withdrawal addresses of digital assets you have provided is your own and that you have full control over the addresses;
g) that if you are located in or a resident of the United States of America or Québec (Canada), Cuba, Crimea, Sevastopol, Iran, Syria, North Korea, Sudan or any other jurisdiction where the Services offered by Flynt are restricted, you are prohibited from subscribing or purchasing products at Flynt. You understand and acknowledge that if it is determined that any Flynt user has given false representations as to their location or place of residence, Flynt reserves the right to close any of their accounts immediately and to unsubscribe from any product;
2.13 Flynt will provide Market Data to facilitate the users’ use of the Platform. Flynt makes NO WARRANTIES about the timelines, sequence, accuracy, or completeness of the Market Data, and you accept and agree that Flynt shall not be held liable for any inaccuracy, error, delay or omission resulting from the users’ use of such Market Data.
2.14 Flynt reserves the right to revise and/or discontinue any or all Services without prior notice to the users for the following reasons
(i) users intentionally or grossly negligently interferes with Flynt’s operation of the Services;
(ii) Restriction or suspension of the Services becomes unavoidable due to the inspection, maintenance, or construction of any equipment related to the Services;
(iii) The use of the Services becomes impracticable due to a national emergency, issues with any equipment related to the Services, extremely high rate of service usage, etc.;
(iv) Flynt confirms that the provision of the Services is improper due to any other material reason.
2.15 Flynt makes no guarantee that the Platform will be uninterrupted or error-free. Among other things, the operation and availability of the Flynt platform can be unpredictable and may from time to time be inaccessible. Flynt is not in any way responsible for any such interference that prevents your access or use of the Platform and the Service.
2.16 Flynt reserves the right at any time to verify your identity.
2.17 Flynt may impose certain limits to Services before you are required to supply additional personal information about yourself and your transactions. By conducting business on the Platform, you agree to cooperate with us in this process and will provide all documentation or information that we may require.
3. Intellectual Property Rights
3.1 All intellectual property rights relating to all the material used on the Platform including, but not limited to, design, structure, layouts, graphical images and underlying source code belong to Flynt. All rights are reserved.
3.2 You acknowledge that, except as otherwise agreed between the parties in writing, all intellectual property rights of Flynt and the Platform shall remain with Flynt.
3.3 By submitting content to any public area of the Platform, including blogs, message boards, and forums, you grant Flynt a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
3.4 By submitting any content to the Platform, you warrant that you are entitled to and have all necessary intellectual property rights over that content.
4. External Website
4.1 Flynt makes no representation whatsoever about any external or third-party website you may access through the Site. Occasionally, the Flynt website may provide references or links to other websites (“External Websites”). We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the Flynt website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites unless (i) the External Websites contain explicitly illegal material or fraudulent information and (ii) Flynt knew that such External Websites contained explicitly illegal material or fraudulent information. You shall bear all risks associated with the use of such content.
4.2 External Websites have separate and independent terms of service and related policies. We request that you review the policies, rules, terms and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.
5. Financial Advice
6. Fees
7. Liabilities
7.1 Except as permitted to the maximum extent by applicable laws, in no event shall Flynt, our directors, employees, agents, suppliers, resellers, service providers, or other traders be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, including but not limited to damages for loss of use, loss of profits, loss of information, business interruption, revenue, liquidation, or goodwill, whether on the basis of contract, tort (including but not limited to negligence), or otherwise arising out of the use or inability to use the Platform, or mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission or any failure of performance of the site or any information transmitted to Flynt.
7.2 To the maximum extent permitted by applicable laws, in no event shall the aggregate liability of Flynt, our directors, employees, agents, suppliers, resellers, service providers, or other traders whether on the basis of contract, warranty, tort (including but not limited to negligence), product liability, strict liability, or other theory arising out of the use or inability to use the site, or mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission or any failure of performance of the site, exceed the fees paid by you to Flynt during the six months immediately preceding the date of any claim giving rise to such liability.
7.3 If we are unable to perform the Services in the Terms of Service due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this Agreement and for a time period coincidental with the event.
8. Termination
8.1 You acknowledge and agree that the Company shall have the right (but not the obligation) in its sole and absolute discretion and without any notice to limit, modify (including disabling the withdrawal of digital assets), suspend or terminate your access to all or part of the Platform, the Services (including freezing your Account) or to limit your ability to purchase, sell, hold or invest in )
a) we suspect that you have violated any applicable Laws, this Agreement, any applicable Product Terms, the Privacy Policy or any other policies, procedures or rules as may be announced by the Company from time to time;
b) we are required to do so to comply with sanctions requirements or where required by a subpoena, court order, or other government order or if the digital assets should be attached or distrained or become the subject of any court order or other legal process;
c) any Account is subject to or related to any threatened or pending litigation, investigation, and/or governmental proceeding;
d) we suspect that there is any unusual, unauthorised or fraudulent activities or money laundering, terrorist financing or financial crime involved with any Account; and/or
e) we reasonably believe we need to do so in order to protect our reputation.
You further agree that the Company shall not be liable to you for any Losses caused by our exercise of the above rights.
8.2 we reasonably suspect you to be in breach or acting in breach of applicable laws, this Agreement, any applicable Product Terms, the Privacy Policy or any other policies, procedures or rules as may be announced by the Company from time to time;
a) the information provided by you to us is inaccurate, not current or incomplete;
b) we are required to do so to comply with sanctions requirements or where required by a subpoena, court order, or other government order or if the digital assets should be attached or distrained or become the subject of any court order or other legal process;
c) you use the Platform and/or the Services to engage in illegal activities;
d) any incapacity, bankruptcy, winding-up, judicial management, receivership or other insolvency proceedings are commenced or threatened against you; and/or
e) the Company determines at its sole and absolute discretion, and without providing any reason, that your Account shall be terminated.
8.3 If you choose to terminate your Account with us, you shall provide the Company with reasonable notice in writing of your intention to terminate the Account.
8.4 The closure of an Account shall not affect any rights and obligations incurred prior to the date of Account closure, including but not limited to your obligations to your counterparties (if any), any Fees, interests, costs (including withdrawal costs and reasonable legal costs) and expenses.
8.5 You agree that the Company shall have the right to deduct or set-off your outstanding liabilities from your Balance before closing your Account.
8.6 The Company may, in our sole and absolute discretion, transfer the Balance to a suspense account (not bearing interest) in the event that your Account shall remain inactive or dormant.
9. Disclosures to Legal Authorities and Authorized Financial Institutions
9.1 We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:
a) required by law;
b) compelled by subpoena, court order, or other legal procedure;
c) disclosure is necessary to report suspected illegal activity; or
d) disclosure is necessary to investigate violations of our Terms of Service or Privacy Policy.
For further information on how we process your Personal Data, please refer to the Privacy Policy.
10. Absence of Waiver
10.1 Any failure or delay by Flynt to enforce any of the Terms or to exercise any right under the Terms will not be construed as a waiver to any extent of our rights.
11. Changes of Terms
11.1 Flynt reserves the right to change, add or remove portions of these Terms, at any time, in its sole discretion. In the event Flynt amends these Terms of Service, Flynt shall post a public announcement that stipulates the existing Terms of Service, the amended Terms of Service, the date of application of the amended Terms of Service, and the reasons for such amendment, from 7 days before the date of application and until a considerable time thereafter. You will be notified of any material changes 30 days in advance through your Account or other electronic means (email, SMS, etc). Upon such notification, it is your responsibility to review the amended Terms.
11.2 Continued use of the Service after a notice of such changes is posted in the Platform indicates your tacit acceptance and acknowledgment to the changes and that your subsequent transactions will be subject to the amended Terms. If you do not consent to the amended Terms, you must cease to use the Platform or the Services.
12. Survival
12.1 Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to an amendment by Flynt of such provision to provide for enforcement of the intent of the provisions, to the extent permitted by applicable law.
13. Governing Law
13.1 The Terms are governed by and construed in accordance with the written law of British Virgin Islands.
13.2 Any matters not set forth in these Terms shall be in accordance with the relevant laws and general customs of British Virgin Islands.
14. Dispute Resolution
14.1 Flynt and the Trader shall make necessary efforts to amicably resolve any dispute arising out of or in connection with the Services, and any objection as to the interpretation of these Terms shall be handled in accordance with commercial practices and relevant regulations.
14.2 Notwithstanding paragraph 13.1 above, any proceedings to be filed with respect to such dispute shall be submitted to the court having the jurisdiction over the registered place of the Company.