Privacy Policy
Jul 19, 2024
GCR - PRIVACY POLICY
We recognise our responsibilities in relation to the collection, holding, processing, use and/or transfer of personal data. Your privacy is of utmost importance to us.
This policy (this Policy) outlines how we collect, use, store and disclose your personal data. Please take a moment to read about how we collect, use and/or disclose your personal data so that you know and understand the purposes for which we may collect, use and/or disclose your personal data. By accessing the DAO/website at https://globalcoinresearch.com/ and any sub-domains (the DAO), you agree and consent to Global Coin Research (the Company), its related corporations, business units and affiliates, as well as their respective representatives and/or agents (collectively referred to herein as we, us or our), collecting, using, disclosing and sharing amongst themselves the personal data, and to disclosing such personal data to relevant third-party providers. This Policy supplements but does not supersede nor replace any other consent which you may have previously provided to us nor does it affect any rights that we may have at law in connection with the collection, use and/or disclosure of your personal data. We may from time to time update this Policy to ensure that this Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. Subject to your rights at law, the prevailing terms of this Policy shall apply. For the avoidance of doubt, this Policy forms part of the terms and conditions governing your relationship with us and should be read in conjunction with such terms and conditions.
The security of your personal data is important to us. At each stage of data collection, use and disclosure, we have in place, electronic, administrative and procedural safeguards to protect the personal data stored with us. However, do note that no transmission of personal data over the Internet can be guaranteed to be 100% secure – accordingly and despite our efforts, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our online services. We shall not have any responsibility or liability for the security of information transmitted via the Internet.
This Policy describes how we may collect, use, disclose, process and manage your personal data, and applies to any individual’s personal data which is in our possession or under our control.
What personal data is collected by us
"Personal data" means data, whether true or not, about an individual who can be identified (i) from that data, or (ii) from that data and other information to which the organization has or is likely to have access. Some examples of personal data that we may collect are:
personal particulars (e.g. legal name, alias(es), nationality and domicile, gender, telephone number, residential address, date of birth, or identity card / passport / driver's license details);
e-mail address, account username, account password, social media or messaging platform handles and other social media or messaging platform profile information;
financial details (e.g. income, wealth, source of funds/wealth and bank information);
banking information (e.g. account numbers and banking transactions);
tax and insurance information;
information about your investments, investment objectives, knowledge and experience and/or business interests and assets;
information or details regarding digital assets held;
particulars of digital wallet addresses (including transactions performed by said digital wallet addresses), public cryptographic key relating to digital wallet addresses on distributed ledger networks and/or similar information;
information about your use of our services and DAO, and specific user interactions with the DAO such as pages (and sub-page) visited, time and date of your visit, time spent on each page, and other diagnostic data, features utilized, areas visited or clicked on, and time spent;
usernames and password, third-party account credentials (such as your Google login credentials), Internet Protocol (IP) address, and geographical location;
browser type and version, operating system used by the accessing system, Internet service provider of the accessing system, the website from which an accessing system reaches our website (i.e. "referrers"), mobile device ID, location of access, or other similar data and information; and/or
personal opinions made known to us (e.g. feedback or responses to surveys, or posts on the community forum or social media).
Personal data will be automatically collected when you interact with our services, access the DAO, post on the community forum or social media or interact with other users of our services, sign up for any services or otherwise engage with us (whether through live chat, message, phone call, email, social media accounts, messaging platforms, attendance at in-person events).
To the extent permitted by law, we may also obtain other information about you such as contact information, change of address or demographic information from commercially available sources.
Purposes for collection, use and disclosure of your personal data
We may collect, use and/or disclose your personal data for its legitimate interests or business purposes, including operations for these purposes. These may include, without limitation, the following:
developing, providing and improving our products and services (whether made available by us or through us) or your participation in interactive features of our services, including without limitation:
services relating to market research, community networking and community building;
community support and user support, as well as to facilitate interactions between users (whether on our platform or outside our platform);
promoting advertisements or marketing material, whether from us or third parties;
various products and/or services (whether digital or not, and whether provided through an external service provider or otherwise); and/or
research, planning, analytics, trouble-shooting, technical maintenance and bug fixes;
communicating with you, including providing you with updates on changes to services or products (whether made available by us or through us) including any additions, expansions, suspensions and replacements of or to such services or products and their terms and conditions;
complying with all applicable laws, regulations, rules, directives, orders, instructions and requests from any local or foreign authorities, including regulatory, governmental, tax and law enforcement authorities or other authorities;
enforcing obligations owed to us, protecting our rights or property, and protecting against legal liability; and/or
seeking professional advice, including legal or tax advice.
We may also use personal data for purposes set out in the terms and conditions that govern our relationship with you or our customer.
Use of personal data for marketing purposes
In addition to contacting you regarding the Services, We may use your personal data to offer you other products or services, including special offers, promotions, contests or entitlements that may be of interest to you or for which you may be eligible. Such marketing messages may be sent to you in various modes including but not limited to electronic mail, direct mailers, telephone calls, facsimile and other messaging applications (such as Telegram, Discord), and may be sent directly by us or by various third parties which we work with. In doing so, the sender will comply with all applicable data protection and privacy laws.
You may at any time request that we stop contacting you for marketing purposes via selected or all modes.
To find out more about how you can change the way we use your personal data for marketing purposes, please contact us.
Nothing in this Policy shall vary or supersede the terms and conditions that govern our relationship with you.
Disclosure and sharing of personal data
We may from time to time and in compliance with all applicable laws on data privacy, disclose your personal data to any of our personnel, staff, employees, officers, group entities, or to third parties (including without limitation banks, financial institutions, credit card companies, credit bureaus and their respective service providers, companies providing services relating to insurance and/or reinsurance to us, and associations of insurance companies, agents, contractors or third-party service providers who provide services to us such as telecommunications, information technology, payment, data processing, storage and archival, and our professional advisers such as our auditors and lawyers, and regulators and authorities), located in any jurisdiction, in order to carry out the purposes set out above (including without limitation the provision of our services, or as required by any law). Please be assured that when we disclose your personal data to such parties, we will disclose only the personal information that is necessary to deliver the service required, and will also require them to ensure that any personal data disclosed to them are kept confidential and secure.
For more information about the third parties with whom we share your personal data, you may, where appropriate, wish to refer to the agreement(s) and/or terms and conditions that govern our relationship with you or our customer. You may also contact us for more information (please see Section 9 below).
We wish to emphasize that we do not sell personal data to any third parties without your consent, and we shall remain fully compliant with any duty or obligation of confidentiality imposed on us under the applicable agreement(s) and/or terms and conditions that govern our relationship with you or our customer or any applicable law. For the avoidance of doubt, In particular, you consent to us providing personal data to third parties such as CoinList (https://coinlist.co/privacy; https://coinlist.co/terms; https://coinlist.co/legal)&Fractal(https://web.fractal.id/; https://drive.google.com/file/d/1VZ5JJ_17IsPnLEdC6j7fm2j4EFE2BpYV/view; https://drive.google.com/file/d/1VZ5JJ_17IsPnLEdC6j7fm2j4EFE2BpYV/view) for the purpose of conducting checks under "Know Your Customer" ("KYC"), Know Your Business ("KYB") and "Anti Money Laundering" ("AML") laws
You are responsible for ensuring that the personal data you provide to us is accurate, complete, and not misleading and that such personal data is kept up to date. You acknowledge that failure on your part to do so may result in our inability to provide you with the products and services you have requested. To update your personal data, please contact us (please see Section 9 below for contact details). Where you provide us with personal data concerning individuals other than yourself, you are responsible for obtaining all legally required consents from the concerned individuals and you shall retain proof of such consent(s), such proof to be provided to us upon our request.
We may transfer, store, process and/or deal with your personal data in any jurisdiction, and accordingly such personal data may be transferred to computers, servers or hardware located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information (including without limitation the Standard Contractual Clauses approved by the European Commission). Your consent to this Policy followed by your submission of such information represents your agreement to the transfer of personal data as described herein.
Cookies and related technologies
The DAO uses cookies. A cookie is a small text file placed on your computer or mobile device when you visit a DAO or use an app, which may include an anonymous unique identifier. Cookies collect information about users and their visit to the DAO or use of the app, such as their Internet protocol (IP) address, how they arrived at the DAO (for example, through a search engine or a link from another DAO), how they navigate within the DAO or app, browser information, computer or device type, operating system, Internet service provider, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, and how they use our services. We use cookies and other technologies to facilitate your Internet sessions and use of our apps, offer you customized products and/or services according to your preferred settings, display features and services which might be of interest to you (including ads on our services), track usage of our websites and apps, to compile statistics about activities carried out on our websites, and to hold certain information. Examples of cookies which we use include, without limitation, Sign-in and Authentication Cookies for user authentication, Session Cookies to operate our service, Preference Cookies to remember your preferences and various settings, Third-Party Cookies from third-party services to receive and incorporate external data, as well as Security Cookies for security purposes.
You may set up your web browser to block cookies from monitoring your website visit. You may also remove cookies stored from your computer or mobile device. However, if you do block cookies you may not be able to use certain features and functions of our DAO.
Other websites
Our websites may contain links to other websites which are not maintained by us. This Policy only applies to websites maintained by us. When visiting these third-party websites, you should read their privacy policies which will apply to your use of such websites.
Retention of personal data
Your personal data is retained as long as the purpose for which it was collected remains and until it is no longer necessary for any legal or business purposes. This enables us to comply with legal and regulatory requirements or use it where we need to for our legitimate purposes, such as transfers of digital assets, and dealing with any disputes or concerns that may arise.
We may need to retain information for a longer period where we need the information to comply with regulatory or legal requirements or where we may need it for our legitimate purposes (e.g. to help us respond to queries or complaints, fighting fraud and financial crime, responding to requests from regulators etc).
When we no longer need to use personal data, we will remove it from our systems and records and/or take steps to anonymise it so that you can no longer be identified from it.
Queries, Access/Correction Requests and Withdrawal of Consent
If you:
have queries about our data protection processes and practices;
wish to request access to and/or make corrections to your personal data in our possession or under our control; or
wish to withdraw your consent to our collection, use or disclosure of your personal data,
please submit a written request (with supporting documents, (if any) to our Data Protection Officer at: hello@globalcoinresearch.com. Our Data Protection Officer shall respond to you within 30 days of your submission. Please note that if you withdraw your consent to any or all use or disclosure of your personal data, depending on the nature of your request, we may not be in a position to continue to provide our services or products to you or administer any contractual relationship in place. Such withdrawal may also result in the termination of any agreement you may have with us. Our legal rights and remedies are expressly reserved in such event.
We may charge you a fee for processing your request for access. Such a fee depends on the nature and complexity of your access request. Information on the processing fee will be made available to you.
Contact information
To contact us on any aspect of this Policy or your personal data or to provide any feedback that you may have, please contact our Data Protection Officer at hello@globalcoinresearch.com.
Governing Law and Jurisdiction
This Policy and your use of the DAO shall be governed and construed in accordance with the laws of Delaware, without regard to its conflict of laws principles. Any controversy, claim, dispute or disagreement that may arise out of or in relation to this Policy or the transactions contemplated hereby (a "Dispute") shall be arbitrated pursuant to the Delaware Rapid Arbitration Act, 10 Del. C. § 5801, et seq. (the "DRAA"). The parties agree to take all steps necessary or advisable to submit any Dispute that cannot be resolved by the parties for arbitration under the DRAA (the "Arbitration") in accordance with this Section 10, and each party represents and warrants that it is not a “consumer” as such term is defined in 6 Del. C. § 2731. Each party (a) hereby waives, and acknowledges and agrees that it shall be deemed to have waived, any objection to the application of the procedures set forth in the DRAA, (b) consents to the procedures set forth in the DRAA, and (c) acknowledges and agrees that it has chosen freely to waive the matters set forth in subsections (b) and (c) of Section 5803 of the DRAA. In connection therewith, each party understands and agrees that it shall raise no objection to the submission of the Dispute to Arbitration in accordance with this Section 10 and that it waives any right to lay claim to jurisdiction in any venue and any and all rights to have the Dispute decided by a jury. The Arbitration shall be conducted in accordance with the Delaware Rapid Arbitration Rules, as such Rules may be amended or changed from time to time; provided that the parties may agree to depart from the Rules by (i) adopting new or different rules to govern the Arbitration or (ii) modifying or rejecting the application of certain of the Rules. To be effective, any departure from the Rules shall require the consent of the Arbitrator and shall be in writing and signed by an authorized representative of each such party. The Arbitration shall take place in Wilmington, Delaware, or such other location as the parties and the Arbitrator may agree. The Arbitration shall be presided over by one arbitrator (the "Arbitrator") who shall be selected by mutual agreement or otherwise in accordance with the DRAA/Rules. The Award shall be deemed an award of the United States, the relationship between the parties shall be deemed commercial in nature, and any Dispute arbitration pursuant to this Section 10 shall be deemed commercial. The Arbitrator shall have the authority to grant any equitable or legal remedies, including, without limitation, entering preliminary or permanent injunctive relief; provided, however, that the Arbitrator shall not have the authority to award (and the parties waive the right to seek an award of) punitive or exemplary damages. The parties hereto agree that, subject to any non-waivable disclosure obligations under federal law, the Arbitration, and all matters relating thereto or arising thereunder, including, without limitation, the existence of the Dispute, the Arbitration and all of its elements (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, any third-party discovery proceedings, including any discovery obtained pursuant thereto, and any decision of the Arbitrator or Award) shall be kept strictly confidential. Each party hereto shall bear its own legal fees and costs in connection with the Arbitration.
Amendments and updates to GCR - Privacy Policy
We reserve the right to amend this Policy from time to time to ensure that this Policy is consistent with any developments to the way we use your personal data or any changes to the laws and regulations applicable to us. We will make available the updated Policy on the DAO. When this Policy is updated, we will post a notice on the DAO and also change the "Last Updated" date indicated at the top. You are encouraged to visit the DAO from time to time to ensure that you are well-informed about our latest policies in relation to personal data protection. All communications, transactions and dealings with us shall be subject to the latest version of this Policy in force at the time.
For European Union or European Economic Area Residents
This section 12 applies if you are an individual located in the European Union or European Economic Area. Subject to applicable law, you have the following additional rights in relation to your personal data:
the right to access your personal data (if you ask us, we will confirm whether we are processing your personal data in a structured, commonly used and machine-readable format and, if so, provide you with a copy of that personal data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee;
the right to ensure the accuracy of your personal data;
the right to have us delete your personal data (we will do so in some circumstances, such as where we no longer need it, but do note that we may not delete your data when other interests outweigh your right to deletion);
the right to restrict further processing of your personal data (unless we demonstrate compelling legitimate grounds for the processing);
rights in relation to automated decision-making and profiling (you have the right to be free from decisions based solely on automated processing of your personal data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing);
the right to withdraw consent (if we rely on your consent to process your personal data, you have the right to withdraw that consent at any time, but provided always that this shall not affect the lawfulness of processing based on your prior consent); and
the right to complain to a supervisory authority in your country of residence in the event that data is misused.
If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement. You may exercise any of your rights in relation to your personal data by contacting our Data Protection Officer at: hello@globalcoinresearch.com, and we shall respond to you within 30 days of your submission.
Your acceptance of these terms
This Policy applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us. We may revise this Policy from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Policy was last updated.
By using the DAO and/or any services provided by us, you signify your acceptance of this Policy and terms of service. If you do not agree to this Policy or terms of service, please do not use the DAO or any services provided by us. Your continued use of the DAO following the posting of changes to this Policy will be deemed your acceptance of those changes.
User Terms & Conditions
Jul 16, 2024
GCR - USER TERMS AND CONDITIONS
This GCR - User Terms and Conditions sets out the terms under which GCR provides its services to users (these "Terms"), effective upon the effective date of its publication on the website at https://globalcoinresearch.com/, sets out the terms and conditions of your use of the GCR platform (the "DAO"), an online platform owned and operated by Global Coin Research ("GCR" or "we") as well as access and use of any other services provided through the DAO. The provisions of these Terms will govern your use of the DAO (as defined below) and of the Services (as described below), and you should therefore take time to read these Terms carefully.
The DAO is intended for users who are at least 18 years old, or otherwise of sufficient legal age and capacity in their jurisdiction to contract. By clicking on the "I Accept" button, completing the account registration process or using our Services, you agree to be bound by these terms and all of the terms incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE DAO OR THE SERVICES.
The purpose of the GCR DAO is to foster a Web3 community. Members also gain access to top-tier community resources, including deep insights and research, founder-focused events (both online and offline), and learning and user feedback sessions—all delivered directly to your inbox. The DAO would provide general market research, weekly newsletter, or detailed research memorandums. Users which are interested in learning more about such Projects may contribute insight, request for information, or initiate discussions with the Project team. The DAO aims to increase the quality of information available in the blockchain industry. While GCR, as an investment and research DAO, may make introductions to fund administrators, custodial service providers, investment advisors, fund managers, or other service providers, GCR is not privy to nor is it a broker, custodian or other party for any payment or funding arrangement which may take place between users and issuers of Projects.
Users are able to take responsibility from the very beginning, by selecting the Projects which they wish to support, and monitoring each individual Project's progress and statistics. GCR, as an investment and research DAO, functions solely as an intermediary for sharing of market research and community networking, and GCR is not a party or decision-maker to a user's further participation in any Project. Users are wholly responsible for their decision to engage with third-party issuers or any particular Project on the DAO.
GENERAL
1.1
By signing up to use an account through the DAO ("Account"), you agree to comply with and be legally bound by these Terms. If you do not agree to any of the terms set forth in these Terms, or any subsequent modification to these Terms, you may not access or use any of the Services and must cancel your GCR Account immediately.
1.2
To be eligible to use the Services, you need to subscribe to one of memberships. You represent and warrant that:
you are 18 or otherwise of sufficient capacity under the laws of your domicile to enter into legal contracts;
you qualify as an accredited / sophisticated / institutional investor (or such other concept under similar laws of your domicile);
you shall provide true, accurate, current, and complete in all respects information about yourself requested during the Account creation (including without limitation name, date of birth, email address, credit card details, and other details);
you shall maintain and promptly update from time to time as necessary your Account information where there are changes;
you shall maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us;
you shall immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account;
you shall not buy, sell, rent or lease access to your Account or username; and
you shall not share your Account password with anyone.
1.3
We may amend or modify these Terms by posting such amended or modified Terms on the DAO or by notifying you about the changes via email. By continuing to access or use the Services once the amended Terms are effective, you agree to be bound by its terms.
1.4
We reserve the right to (a) modify or discontinue any portion of the Services, and (b) suspend or terminate your access to the Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.
REFUND POLICY
2.1
Refund on Membership within 24 Hours:
Users are entitled to a full refund of their membership fees if they request the refund within 24 hours of their membership purchase. This ensures that users who may have quickly reconsidered their decision to join can do so without any financial penalty.
2.2
Negotiable Refund within 7 Days:
Users may request a refund within 7 days of their membership purchase. These requests will be evaluated by the GCR team on a case-by-case basis. This means that while a refund is not guaranteed, the team will consider the circumstances of each request and make a decision based on the specifics of the situation.
If your request is reviewed and approved by us in writing, a refund will be processed to your original payment method unless otherwise specified, and you should receive it within 30 days of approval.
Disputes and Chargebacks. You agree to contact GCR prior to initiating a chargeback or disputing any payment for the Services. Failing to do so may violate these Terms and could result in the suspension or termination of your account.
KYC/KYB/AML COMPLIANCE
3.1
All users are required to comply with all "Know Your Customer" ("KYC"), Know Your Business ("KYB") and "Anti Money Laundering" ("AML") laws and regulations in all applicable jurisdictions, and provide all documentation/information as requested by GCR. This may include, without limitation verification of user identity with multi-factor authentication, layered security, obtaining proof of address (utility bill or bank statement), screening identifying information against trusted third-party sources such as international databases, analyzing whether there is logical inconsistency between identifying information provided.
3.2
By using the Services and accessing the DAO, you represent and warrant that your use of the Services complies with all KYC, KYB and AML laws of all applicable jurisdictions.
LICENCE
4.1
We hereby grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable and non-assignable license, subject to the terms herein, to access and use the DAO solely for the purpose of connecting with Projects and/or other users within the community. Any other use of the DAO is expressly prohibited. You agree to use the license subject to the charges and fees as detailed further in this document.
4.2
All other rights in the DAO are reserved by us. We reserve all rights in the DAO and you agree that these Terms do not grant you any other rights in or licenses to the DAO. You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the content available on the DAO or any derivative works thereof, in whole or in part for commercial or non-commercial purposes.
4.3
If you violate any portion of these Terms, your license to access and use the Services may be terminated pursuant to these Terms without requirement of a notice. In addition, we reserve the right to enforce all remedies available at law and in equity for any such violation.
USE OF SERVICES; RELATIONSHIP
5.1
You acknowledge and agree that the DAO merely functions as an intermediary for community networking which allows members to obtain information regarding Projects. As an information DAO, GCR does not actively introduce users to Projects or vice versa.
5.2
Users agree that if they choose to interact with any Project, this is a separate contractual arrangement which is entirely the responsibility of users. By participating in the DAO, you consent to the DAO sending to you information regarding Projects.
5.3
You have permission to use the DAO's buttons, links, and widgets, subject to these Terms (including without limitation all disclaimers and limitations of liability), and provided that:
your use of such buttons, links and widgets link only to the DAO;
you will not modify such buttons, links, or widgets or associated code in any manner;
you will not use any such buttons, links, or widgets in any manner which implies or suggests that the DAO endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and
the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate these Terms.
5.4
The content provided on the DAO may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors; accordingly these are provided for reference only and should not be relied on. In an effort to continue to provide users with as complete and accurate information as possible, information may be changed or updated from time to time without notice. Accordingly, you should verify all information and not rely on the same, and all decisions based on information contained on the DAO are your sole responsibility and we shall have no liability for such decisions.
5.5
From time to time, the DAO may contain references or links to third-party materials or information (including, without limitation, websites) and third-party applications which are not controlled by us. Such information, links, and third-party materials, information or applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the DAO, including without limitation content, property, goods or services available on the linked sites or services.
5.6
In connection with your use of the Services, and your interactions with other users, and third parties you agree and represent you will not engage in any illegal, unauthorized, or improper activity. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
5.7
GCR may, at its sole discretion and without any prior notification suspend, restrict, or terminate your access to any or all of the Services and/or DAO, and/or deactivate or cancel your GCR Account if:
we are so required by an enforceable subpoena, court order, or binding order of the court or government authority; or
we reasonably suspect you of using your GCR Account in connection with illegal, unauthorized, or improper activity; or
we are required to do so in order to comply with KYC, KYB and AML laws and regulations; or
you violate any of these Terms.
5.8
GCR shall not be responsible for any content or other services provided by any third-party issuer, or for any payments to be made by any Project to users. Such obligations shall be the exclusive liability of the relevant user and third-party issuer under their direct contractual relationship.
5.9
All information provided by or on behalf of GCR is for general informational purposes only and should not be construed as legal, tax or financial advice. In particular, any research or reports are provided to users for informational purposes only, and users should refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of GCR. You acknowledge, agree, and understand that you are solely responsible for assessing whether to participate in any Project. Before you decide to make any financial, legal, or other decisions relating to any Project, you shall conduct all appropriate due diligence and seek all appropriate legal, tax or financial advice from independent professionals in connection with the same. You acknowledge and agree that GCR does not, in any way, supervise, direct, control, or recommend any Project and accordingly cannot be responsible for any Project.
5.10
GCR assumes no liability or obligations under or related to any third-party issuer, Project, or any acts or omissions by any user or any third-party issuer.
5.11
You agree to immediately notify GCR if you become subject to any legal or regulatory investigation or action, or if you become aware of any third-party claim regarding the DAO or any Project.
5.12
You acknowledge and agree that GCR assumes no obligations to help any user or third-party issuer enforce any claims it might have towards any other user or third-party issuer on the DAO, which may arise from their direct contractual engagements entered into on the DAO or based on any information provided by any party on the DAO.
USER REPRESENTATIONS AND WARRANTIES
By registering to the DAO and opening of an Account, you shall represent and warrant to GCR as well as the Projects as follows:
you have read carefully and agree in full to the contents of these Terms and the whitepaper published on the DAO;
these Terms comprise legal, valid and binding obligations on you, enforceable against you by GCR in accordance with the terms hereof;
these Terms and the consummation of the transactions hereunder will not result in the violation of, or constitute a default under, or conflict with or cause the acceleration of any obligation of it under: (a) any contract or agreement to which you are a party or by which you are bound; (b) any judgment, decree, order or award of any court, governmental body or arbitrator having jurisdiction over you; or (c) any applicable law, statute, ordinance, regulation or rule; or (d) (if you are a legal entity) any provision of your constating documents, by-laws or resolutions;
all documentation provided by you in connection with KYC, KYB and AML checks are true and accurate, you qualify as an accredited / sophisticated / institutional investor (or such other concept under similar laws of your domicile), are not a citizen or resident (tax or otherwise) of any other country subject to OFAC, UN, or United States sanctions, and are not on any sanctions list under any financial sanctions regime, nor are you under the control of any national or resident of these countries;
you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology;
you understand and agree that any cryptographic tokens, blockchain technology or Projects relating to distributed ledger technology-related projects are new and relatively untested and outside of the control of GCR. There are various risks involved, for example, cyber security risks, unfavorable regulatory action, or unclear legal/tax status of cryptographic tokens and Projects;
you understand and agree that we do not represent or warrant that the Services or the DAO is free of security vulnerabilities or secure from a hacker or other malicious attack, which may result in the loss of the user's confidential information or any other data;
you are fully aware and understand that there are risks associated with the DAO, the Services and Projects. In particular, GCR does not guarantee or represent that contributions to any Project will be used as promised, that issuers of Projects will deliver on their promises, or that the Project will achieve any commercial goals/targets; GCR undertakes no duty to investigate claims made by issuers of Projects and accordingly does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Project;
you agree and acknowledge that GCR is not liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with the usage of DAO and/or the Services;
you shall not (and shall not permit or authorize any other person to):
use the DAO in any manner that is not expressly authorized by these Terms;
use the DAO (i) for any illegal, unauthorized or otherwise improper purposes or (ii) in any manner which would violate these Terms or breach any laws, regulations, rules or orders (including those relating to sale of securities, virtual assets, data privacy, data transfer, international communications or the export of technical or personal data) or violate the rights of third parties (including intellectual property rights and rights of privacy or publicity);
remove any legal, copyright, trademark or other proprietary rights notices contained in the DAO or on any materials received or is given access to in connection with these Terms or the Services;
advertise or provide products or services competitive with the DAO or access the DAO for competitive analysis or disseminate performance information relating to the DAO;
sell, lease, share, transfer or sublicense the DAO or the Services, directly or indirectly, to any third party;
use the DAO in a manner that, as determined by GCR in its sole discretion, constitutes excessive or abusive usage;
interfere with, disrupt, degrade, impair, overburden or compromise the integrity of the DAO or any underlying software, any of GCR's systems or any of GCR's networks relating to the DAO (including by probing, scanning or testing their vulnerability);
disobey any requirements, procedures, policies or regulations of networks in respect of the DAO as notified by GCR to you;
attempt to gain unauthorized access to the DAO or GCR's other products and/or services, any of GCR's systems or any information not permitted by these Terms;
use the DAO to transmit any (i) content that is illegal, tortious, defamatory, vulgar, obscene, racist, ethnically insensitive, or invasive of another person’s privacy, (ii) content that promotes illegal or harmful activity, or gambling or adult content, (iii) viruses, worms, defects, Trojan horses, or any other malicious programs or code or items of a destructive nature or (iv) materials that could harm minors in any way;
copy, adapt, reformat, reverse-engineer, disassemble, decompile, download, translate or otherwise modify or create derivative works of the DAO or any underlying software, any of GCR's systems or other products or services;
make any representations, warranties or commitments regarding the DAO on behalf of GCR; or
take any action that would subject the DAO to any third-party terms, including without limitation any open source software license terms.
RISKS BORNE BY USERS
Acknowledge and agree that the DAO and Services are currently in the initial development stages, and there are a variety of unforeseeable risks with utilizing the DAO, the Services, or the underlying smart contracts. IF YOU DECIDE TO UTILIZE THE DAO OR THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE, ACCEPT AND ASSUME THE BELOW RISKS AND AGREE NOT TO HOLD GCR OR ANY OF THEIR AFFILIATES RESPONSIBLE FOR THE FOLLOWING RISKS:
7.1
Participation in Projects carries financial risk. You acknowledge and agree that you are aware of such risks, in particular, that transactions relating to digital assets are very risky, and such digital assets are, by their nature, highly experimental, risky, volatile and generally irreversible. You should not make any transactional decision without first conducting your own research. You are solely and exclusively responsible for determining whether any Project or any transaction in connection with the DAO or the Services is appropriate or suitable for you based on your own objectives and personal and financial situation. You acknowledge and agree that you will access and use the DAO and the Services, and interact with Projects at your own risk.
7.2
Digital assets and related investments are highly volatile, and may decline significantly below the original price paid by purchasers, and/or even diminish to zero. Users shall solely be responsible for all losses in connection with participation in Projects, and shall not make any claim against GCR in connection with the same.
7.3
You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any participation in Projects and the underlying digital assets. You accept all consequences of participating in such interactions, including the risk that you may lose access to your digital assets indefinitely. All decisions to interact with Projects are made solely by you. Notwithstanding anything in these Terms, GCR accepts no responsibility whatsoever for and will in no circumstances be liable to you in connection with any interaction with Projects or your digital assets. Under no circumstances will the operation of all or any portion of the DAO or the Services be deemed to create a relationship that includes any management of any assets, or the provision or tendering of investment advice.
7.4
No Project will be able to guarantee the future performance of digital assets issued in connection with a Project or any specific level of performance, or your overall results from interacting with Projects. When reviewing the background history, information, and opinions of Project promoters, do not assume that the user is unbiased, independent or qualified to provide financial information or opinions.
7.5
Hackers or other malicious groups or organizations may attempt to interfere with the DAO or the Services in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, smurfing and spoofing.
7.6
The DAO and the Services may rely on, integrate or utilize a variety of external third-party services or software, including without limitation account services (including without limitation Google account services), information services, cryptocurrency exchange trading services, decentralized cloud storage services, analytics tools, hence therefore the DAO and the Services may be adversely affected by any number of risks related to these third-party services/software, which may be compromised in the event of security vulnerabilities, cyberattacks, malicious activity, or technical interruptions.
7.7
You accept and confirm that a conflict of interest may arise when the interest of GCR and its affiliates competes or may appear to compete with your interests under these Terms. Specifically, you hereby acknowledge and confirm that: (a) GCR and its affiliates may participate in certain transactions relating to Projects in an individual capacity; and (b) GCR and its affiliates may establish business, including without limitation, advisory or consulting relationships with Projects and various other ecosystem players, financial institutions, digital asset owners, or digital asset exchanges.
INTELLECTUAL PROPERTY RIGHTS
8.1
The DAO and any Services, including their design elements or concepts and any and all underlying software and intellectual property, including, but not limited to any registered trademarks, are the property of GCR, and are protected by copyright, patent, trade secret and other intellectual property laws.
8.2
GCR retains any and all rights, title and interest in and to DAO and Services (including, without limitation, all intellectual property rights), including all copies, modifications, extensions and derivative works thereof. Your right to use the DAO and Services is limited to the rights expressly granted in these Terms. No licenses to use any of trademarks or any other GCR brands are to be inferred or assumed pursuant to the use of any Services. All rights not expressly granted to you are reserved and retained by GCR.
8.3
You expressly agree not to duplicate, copy, transmit, distribute, license, reverse engineer, modify, publish, reuse or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the intellectual property of GCR without the express prior written consent of GCR.
8.4
You agree and grant GCR a worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute any source code, designs, creative ideas, suggestions, proposal, plans, data or any other material or content submitted to the DAO, or incorporate such content into any form, medium or technology without compensation or further reference to you. You are solely responsible for all such content and you agree that these will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. This license will survive the termination of these Terms.
NO WARRANTY, LIMITATION OF LIABILITY
9.1
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GCR DOES NOT WARRANT THAT THE DAO OR ANY OF THE SERVICES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR FREE FROM ERRORS. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH THE DAO OR THAT THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT ON THE DAO OR SERVICES AVAILABLE THROUGH IT.
9.2
IN NO EVENT SHALL GCR, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE GCR INDEMNIFIED PARTIES), BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES OF ANY KIND, IN TORT, CONTRACT OR OTHERWISE (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, INCOME OR PROFITS, AND LOSS OF USE OR DATA), ARISING OUT OF OR IN CONNECTION WITH ANY ACCEPTANCE OF OR RELIANCE ON THESE TERMS OR THE DAO, OR WITH THE USE OF THE DAO AND/OR THE SERVICES, OR ANY ACTION TAKEN IN THE BEST INTEREST OF THE DAO (AT THE SOLE DISCRETION OF GCR).
9.3
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GCR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GCR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. GCR ALSO SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN ANY FORM WHATSOEVER TO ANY ENTITY OR PERSON, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN RELATION TO THE TRUTH, ACCURACY AND COMPLETENESS OF ANY OF THE INFORMATION SET OUT IN THESE TERMS OR THE DAO.
9.4
THE INFORMATION PROVIDED ON THE DAO IS FOR GENERAL BACKGROUND PURPOSES ONLY AND DOES NOT CONSTITUTE AN OFFER OF, OR AN INDUCEMENT FOR ANY PERSON TO ENTER INTO AN AGREEMENT TO ACQUIRE TOKENS OR SECURITIES FROM ANY ENTITY.
9.5
GCR shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer malware, spyware, or scareware that may affect your computer or other equipment, or any phishing, spoofing or other attack.
9.6
Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. GCR does not warrant and cannot ensure the security or confidentiality of any information you transmit to the DAO. Accordingly, any information you transmit to the DAO is transmitted at your own risk.
9.7
In the event of a dispute between any user and any third-party issuer, you shall, to the fullest extent permitted by law, release the GCR Indemnified Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
9.8
Each user and third-party issuer acknowledges and agrees that the total aggregate liability of the GCR Indemnified Parties (whether arising under contract, negligence, tort, breach of statutory duty or otherwise) to any user or third-party issuer shall not exceed an amount equal to the fees paid in the preceding 12-months.
9.9
Nothing in these Terms is intended to affect your rights under law. Each user and third-party issuer acknowledges and agrees that these Terms allocate the risks between GCR and such user or third-party issuer (as the case may be), and GCR only agrees to provide the Services in reliance upon this allocation of risk and the exclusion of damages as set forth in these Terms.
INDEMNITY
By using the DAO, you agree, to the fullest extent permitted by law, to indemnify and hold GCR, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the DAO or any of the Services, your violation of any rights (including intellectual property rights) of any third party, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the DAO or the Services, or any action taken by GCR as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless GCR and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the DAO or any breach by you of these Terms.
PRIVACY POLICY
Our Privacy Policy (available at Global Coin Research) describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with the aforementioned Privacy Policy.
MISCELLANEOUS
12.1
If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
12.2
All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, Sections pertaining to suspension or termination, GCR Account cancellation, debts owed to GCR, general use of the DAO, disputes with GCR, and general provisions, shall survive the termination or expiration of these Terms.
12.3
The language in all parts of these Terms shall in all cases be construed as a whole, according to its fair meaning, and not strictly against GCR. The parties agree, to the fullest extent permitted by applicable law, to waive any applicable rule requiring the construction of these Terms or any provision hereof against GCR as the party drafting these Terms. Section headings in these Terms are for convenience only and are not to be construed as a part of these Terms or in any way limiting or amplifying the provisions hereof.
12.4
These Terms constitute the entire agreement between the parties with respect to the subject matter herein, and shall replace and supersede all prior agreements, negotiations, or understandings, whether written or oral, with respect to the subject matter herein, and may not be contradicted by evidence of any prior agreement.
12.5
These Terms, and any rights and licenses granted hereunder, are not transferred or assigned by you, but may be assigned by GCR without restriction.
12.6
Save as expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no right to enforce or to enjoy the benefit of any term of these Terms. Notwithstanding any term of these Terms, no consent of any party who is not a party to these Terms shall be required for the waiver, variation or termination of any part of these Terms.
12.7
If you have any feedback, questions, or complaints, contact us via email at hello@globalcoinresearch.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your GCR Account, and the issue on which you have feedback, questions, or complaints.
12.8
The laws of Delaware (with the exclusion of its conflicts of law rules that might lead to the application of any other law) will govern the validity and construction of these Terms.
12.9
Any controversy, claim, dispute, or disagreement that may arise out of or in relation to these Terms shall be settled by arbitration in Delaware, administered by the American Arbitration Association (AAA) in accordance with the AAA's Commercial Arbitration Rules in force at the time of the arbitration. The seat of the arbitration shall be Delaware. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party irrevocably submits to the jurisdiction and venue of such tribunal. Further, each party will cover its own fees and costs associated with the arbitration proceedings.
12.10
GCR may use cookies, or other technologies, on this DAO. Cookies are small files or records that GCR may place on your web browser for collecting information about your activities on the DAO, preparing reports, assessing trends, and otherwise monitoring the way in which the DAO is being used. This is intended to enhance convenience for you, and to assist GCR to run an efficient operation. By accepting these Terms, you confirm your consent to GCR’s use of cookies, and other such technologies, for these purposes.
12.11
You are prohibited from violating or attempting to violate the security of the DAO, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the DAO, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or Services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. For the avoidance of doubt, in the event of a breach of these provisions, we shall be entitled to suspend and/or terminate your access to the DAO and/or the Services pursuant to Section 1.4 above.
12.2
You understand that by using this DAO or any Services provided on the DAO, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the DAO and any service at your sole risk and that GCR and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable
12.3
GCR is an independent party for all purposes. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and GCR as a result of your use of this DAO and/or the Services.
12.4
These Terms constitute the entire agreement between you and GCR with respect to the subject matter hereof and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among you and GCR.
12.5
Your unauthorized use of this DAO may give rise to a claim for damages and/or be a criminal offense.