CoinMarketCap.com Terms of Use
DATED 2024-01-24 · VERSION 20240211_rev01 · COMPARED WITH 20220604_rev01 · ARCHIVE SNAPSHOT
Full text changes — 20220604_rev01 to 20240211_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 1 | Last updated: 20 May 2022 | |
| 1 | Last updated: 24 Jan 2024 | |
| 2 | 2 | |
| 3 | 3 | 1. ## Introduction |
| 4 | 4 | |
| 5 | 5 | 1. These CoinMarketCap.com Terms of Use (the "**Terms**") govern your access to and use of our website and mobile application (collectively, the "**Platform**"), and associated content, features, software and applications in the Platform (collectively, the "**Service**"). These Terms also include our Privacy Policy, which is located at [https://coinmarketcap.com/privacy/](https://coinmarketcap.com/privacy/). |
| 6 | 2. The Platform and the Service is administered and maintained by CoinMarketCap OpCo, LLC, a Delaware limited liability company ("**CMC**"). The terms "we", "us" and "our" also refer to CMC. The term "you" refers to the person visiting the Platform. | |
| 6 | 2. The Platform and the Service is administered and maintained by Coin Market Cap Ltd, a company registered in the United Arab Emirates ("**CMC**"). The terms "we", "us" and "our" also refer to CMC. The term "you" refers to the person visiting the Platform. | |
| 7 | 7 | 3. Please read these Terms carefully. They contain important information regarding your legal rights, including limitations on CMC's and certain third parties' liability, disclaimers of warranties and a submission to jurisdiction. Each time you access the Service by any means (for example, through the Internet or on a mobile device), you irrevocably agree to comply with the version of the Terms posted on the Platform at the time you access the Platform. You may not use the Platform or the Service if you do not agree to these Terms. |
| 8 | 8 | 2. ## Eligibility |
| 9 | 9 | |
| 10 | 10 | 1. To access or use the Service, you must be at least of legal age in your respective jurisdiction. The Service is strictly for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You must not use the Service if we have terminated any account of yours or banned you from use of the Platform or the Service. |
| 11 | 11 | 3. ## Account |
| 12 | 12 | |
| 93 | 93 | 15. ## Enforcement |
| 94 | 94 | |
| 95 | 95 | 1. The remedies available to CMC in these Terms are cumulative and in addition to any others available to CMC. CMC may seek all remedies available to it at law and in equity for any violation of these Terms. CMC may suspend, terminate or block your access to the Service (in whole or in part) for any violation or suspected violation as we determine, without notice to you. Your violation of these Terms shall be considered a breach of contract. |
| 96 | 96 | 2. We reserve the right, but do not assume any obligation, to investigate any suspected violation of these Terms or any misuse of the Service. In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial regulators, including the U.S. Securities and Exchange Commission (SEC) and the Monetary Authority of Singapore; (iii) system administrators at Internet service providers, networks or computing facilities; and (iv) providers and/or third-party vendors if we suspect that you have violated these Terms or any law, rule or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Service, including without limitation your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena or other legal process or governmental or regulatory request. |
| 97 | 97 | 16. ## Governing Law; Submission to Jurisdiction |
| 98 | 98 | |
| 99 | 1. These Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Service, shall be governed by and construed in accordance with U.S. federal law and the laws of Delaware, without regard to any principles of conflicts of law. You agree that any action arising out of, relating to or in connection with the Service, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Delaware, and you further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue (including on the basis of forum non-conveniens). | |
| 99 | 1. These Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Service, shall be governed by and construed in accordance with the law of England and Wales, without regard to any principles of conflicts of law. You agree that all disputes, controversies or claims between the Parties arising out of or in connection with this Agreement (including its existence, validity or termination) shall be finally resolved by arbitration to be held in Singapore, and conducted in English under the Rules of Arbitration of the Singapore International Arbitration Centre; provided, however, that each Party may enforce its or its Affiliates' intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. The arbitral award shall be final and binding on the Parties. Except to the extent of entry of judgment and any subsequent enforcement may require disclosure, all matters relating to the arbitration, including the award, shall be held in confidence. | |
| 100 | 100 | 2. You acknowledge that any breach of either of the sections above titled "Prohibited Activities" or "Ownership and Intellectual Property" would cause immediate and irreparable harm to CMC, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to CMC at law or in equity, CMC shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach. |
| 101 | 101 | 17. ## General |
| 102 | 102 | |
| 103 | 103 | 1. These Terms (and any other terms or agreements referenced herein, including our Privacy Policy, which is located at [https://coinmarketcap.com/privacy/](https://coinmarketcap.com/privacy/)), constitute the entire agreement between you and CMC relating to your use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and CMC with respect to the Service. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. |
| 104 | 104 | 2. You agree that no joint venture, agency, partnership, or employment relationship exists between you and CMC and/or its affiliates as a result of these Terms or use of the Service. |
| 105 | 105 | 3. In no event shall CMC be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. |
| 109 | 109 | 7. In addition to and without limiting the preceding paragraph, some jurisdictions may provide rights in addition to those provided in the above "Disclaimers and Limitation of Liability" section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part or there may be state or country specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder. |
| 110 | 110 | 8. Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter. |
| 111 | 111 | 9. Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these Terms. |
| 112 | 112 | |
| 113 | 113 | ## CoinMarketCap.com VIRTUAL EVENT TERMS & CONDITIONS |
| 114 | 114 | |
| 115 | 1. CoinMarketCap OpCo, LLC, a Delaware limited liability company ("CMC") administers and maintains the CoinMarketCap.com website and mobile application. CMC also hosts and provides access to online events, such as but not limited to conferences and webinars, from time to time (collectively, "Virtual Events"). | |
| 115 | 1. Coin Market Cap Ltd, a United Arab Emirates company ("CMC") administers and maintains the CoinMarketCap.com website and mobile application. CMC also hosts and provides access to online events, such as but not limited to conferences and webinars, from time to time (collectively, "Virtual Events"). | |
| 116 | 116 | 2. These virtual event terms and conditions (collectively, the "VE Terms") govern your access to and participation in Virtual Events organized by CMC. These VE Terms apply in addition to the CMC Terms of Use (accessible here: https://coinmarketcap.com/terms/) and CMC Privacy Policy (accessible here: https://coinmarketcap.com/privacy/ ), the terms of which are also incorporated by reference herein. In the event of any inconsistency, these VE Terms shall take precedence, but only to the extent of such inconsistency. |
| 117 | 117 | 3. By registering your own participation in CMC's Virtual Events ("Registered Participant"), you irrevocably agree to accept these VE Terms. If you are registering for and on behalf of another individual, you are warranting that the other individual has already been made aware of and agree, to be bound by these VE Terms. |
| 118 | 118 | |
| 119 | 119 | ## REGISTRATION |
| 120 | 120 | |
| 121 | 121 | 5. Registered Participants shall be entitled to access the Virtual Event for which registration was made. When registering for the Virtual Event, CMC may request you to provide certain information. In such an event, you agree to provide CMC with accurate information. Upon successful registration, you also agree: (i) not to sell, transfer or share your Virtual Event passes to anyone else, without the prior approval of CMC; (ii) not to share with any other person, your user ID or passwords that CMC may issue to you as part of your registration; and that (iii) you are responsible for keeping your user ID and password securely, and not to knowingly permit any breach of security (such as through unauthorized use of your user ID and password by others). |
| 157 | 157 | 22. In no event shall CMC (and its respective officers, directors, employees, members, agents, and affiliates) be liable for any indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of, or in any way connected with, your access to or participation in the Virtual Event, including but not limited to damages relating to: (i) any change to the Virtual Event date, (ii) inability to access, display, or view the streaming of the Virtual Event due to technical issues or otherwise; or (iii) otherwise arising out of the access to or participation in the Virtual Event, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if CMC has been advised of the possibility of such damages. |
| 158 | 158 | 23. In no event shall CMC (and its respective officers, directors, employees, members, agents, and affiliates) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in excess of US$100.00. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this clause will survive and apply even if any limited remedy specified in these VE Terms is found to have failed of its essential purpose. |
| 159 | 159 | 24. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law. |
| 160 | 160 | 25. Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless CMC and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable legal fees) arising out of, relating to or in connection with: (i) your participation in the Virtual Event, and use (or misuse) of contents obtained through such participation; (ii) your violation of any of these VE Terms; (iii) your violation of any applicable law, rule or regulation; (iv) any claim that your actions and/or conduct had caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (v) any dispute that you have with any third party relating to or in connection with your participation in the Virtual Event. CMC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CMC in asserting any available defenses and in the conduct of such defense. |
| 161 | 161 | 26. For clarity, the rights and protections afforded to CMC under these VE Terms shall be in addition to the rights and protections that CMC is entitled to under the CMC Terms of Use and CMC Privacy Policy. |
| 162 | 162 | |
| 163 | ## GOVERNING LAW AND JURISDICTION | |
| 164 | ||
| 165 | 28. These VE Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these VE Terms or your access to or participation in the Virtual Event, shall be governed by and construed in accordance with U.S. federal law and the laws of Delaware, without regard to any principles of conflicts of law. You agree that any action arising out of, relating to or in connection with your participation in the Virtual Events, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Delaware, and you further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue (including on the basis of forum non-conveniens). | |
| 166 | ||
| 167 | 163 | ## GENERAL |
| 168 | 164 | |
| 169 | 30. In no event shall CMC be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. | |
| 170 | 31. If any provision of these VE Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions. | |
| 171 | 32. Any provision of the above VE Terms that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder. | |
| 172 | 33. You agree that CMC may use your personal data for the purpose of performing its obligations under these VE Terms and/or providing services relating to the conduct of the Virtual Event, including for the purpose of event registration, communications, addressing issues relating to event access, invoicing, payment, solicitation of post-event feedback, participant verification and other administration relating thereto. For clarity, the CMC Privacy Policy (accessible here: https://coinmarketcap.com/privacy/ ) shall also apply. | |
| 173 | 34. Any heading or title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these VE Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter. | |
| 174 | 35. Unless expressly provided to the contrary in these VE Terms, a person who is not a party to these VE Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these VE Terms. | |
| 165 | 28. In no event shall CMC be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. | |
| 166 | 29. If any provision of these VE Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions. | |
| 167 | 30. Any provision of the above VE Terms that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder. | |
| 168 | 31. You agree that CMC may use your personal data for the purpose of performing its obligations under these VE Terms and/or providing services relating to the conduct of the Virtual Event, including for the purpose of event registration, communications, addressing issues relating to event access, invoicing, payment, solicitation of post-event feedback, participant verification and other administration relating thereto. For clarity, the CMC Privacy Policy (accessible here: https://coinmarketcap.com/privacy/ ) shall also apply. | |
| 169 | 32. Any heading or title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these VE Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter. | |
| 170 | 33. Unless expressly provided to the contrary in these VE Terms, a person who is not a party to these VE Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these VE Terms. |