The Services (as defined below) are subject to these terms and conditions (“Terms”). By accessing, downloading or using the Services, you (“you” or “your”) agree that you have read, understood and agree to these Terms which shall form a legal agreement between you and CRY INTERNATIONAL (“us”, “we”, “our” or “CRY”).
DEFINITIONS AND INTERPRETATION
1.1 “Applicable Laws” means all applicable statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court or recognized stock exchange, as may be applicable, international treaties and regulations.
1.2 “Cryptocurrency” means a digital asset designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets, and which is supported by the Services and excluding unless expressly specified by CRY on the Services, any derivative coins or tokens which interact with the aforesaid cryptocurrency.
1.3 “Digital Assets” means any decentralized digital or virtual currency that can be earned or exchanged through third-party providers.
1.4 “Intellectual Property Rights” means all intellectual property rights, including, without limitation:
- all inventions, whether patentable or not, all improvements thereto and derivatives thereof, and all patents and patent applications;
- all registered and unregistered marks, domain names and registrations and applications for registration thereof;
- all copyrights in copyrightable works, all other rights of authorship, including without limitation moral rights, and all applications and registrations in connection therewith;
- all trade secrets and confidential business and technical information (including, without limitation, research and development, programming, know-how, proprietary knowledge, financial and marketing information, business plans, formulas, technology, engineering, production, operation and any enhancements or modifications relating thereto, and other designs, drawings, engineering notebooks, industrial models, software and specifications);
- all rights in databases and data compilations, whether or not copyrightable; and
- all copies and tangible embodiments of any or all of the foregoing (in whatever form, including electronic media).
1.5 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.6 “APP” means the online system owned by FXPM and operated by CRY International, and which is accessible at https://cry.international
1.7 “GPS” means the browser extension owned by FXPM and operated by CRY, and which is accessible by downloading it at https://chrome.google.com/webstore/category/extensions.
1.8 “Website” means the website owned by FXPM and operated by CRY, and which is accessible at https://cry.international
1.10 “APP Services” means the Platform and any services which are made available from time to time by CRY through the Platform
1.11 “GPS Services” means the GPS browser extension and any services which are made available from time to time by CRY through the WGPS browser extension and which is an electronic device or online service that allows an individual to send electronic alarm messages.
2.1 Subject to these Terms, we hereby grant to you a non-exclusive, non-transferable, revocable license to use the Services under these Terms.
2.2 You may use the Services to
- Generate and send GPS positions to the server and surrounding mobile CRY users within a set radius;
- Submit position requests in accordance with the instructions you provide via the setting of your download.
2.3 By submitting any alarm messages, you authorize CRY to submit your global positioning to the relevant third-party networks in accordance with the directions you provide.
2.4 You are not permitted to re-distribute the APP Services, modify any code or use any content made available through the APP Services (including images and text), as part of any other software or project of any kind.
2.5 You may download, install and use the APP for your personal and business purposes only.
3.1 By accessing or using the CRY Services and GPS Services, you represent and warrant on an ongoing basis that you shall:
- be of the legal age of majority in your jurisdiction and you have the capacity to enter into these Terms and the transactions contemplated under these Terms;
- be responsible for your mobile device;
- carefully guard your logins and seed words;
- ensure that your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software; and
- comply with all applicable technology control laws and regulations, including any Applicable Laws.
3.2 You shall not misuse the CRY Services and GPS Services or do (or attempt to do) any of the following acts:
- (a) violate any Applicable Laws;
- (b) infringe any of the Intellectual Property Rights of any party;
- (c) make alterations to, or modifications of, the whole or any part of the Services, nor permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
- (d) provide or otherwise make available the CRY Services and GPS Services in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person;
- (e) harvest or otherwise collect personal data about other users of the CRY Services and GPS Services;
- (f) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Services, any portion thereof or any content displayed therein, to any third party, except as explicitly permitted in these Terms or with our prior permission;
- (g) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of, modify, reproduce, hack, or create derivative works from the Services or any portion thereof or any content displayed therein;
- (h) engage in any unlawful or fraudulent activity, including (for example) any transactions involving prohibited or controlled substances, illegal content and services, money-laundering or the funding of terrorism; or
- (i) use the Services in any manner which may interfere with, disrupt, disable, overburden or impair any server of CRY, any computer system or network connected to the server of CRY International Ltd.
NO CONTROL OVER BLOCKCHAIN
4.1 CRY is not the creator of and does not have any control over, any of the Digital Assets that the Mobile browser extension allows you to use. You shall be solely responsible for your choice of and use of CRY services
LINKS TO THIRD PARTY SITES
5.1 The Services may be integrated with third party services. Although the Services make it easy to engage with integrated third parties CRY shall not be responsible for any consequences resulting from your use of the third-party integrated services. The inclusion of any such links is not an endorsement or verification of such linked websites or content, and any access or use of such linked websites or content is entirely at your own risk. If you require assistance with a third-party integration then you should contact that third-party.
SPECIFICALLY DISCLAIMED RISKS
6.1 Using mobile devices-related software necessarily entails many risks. CRY specifically disclaims and shall have no liability to you for the following risks:
- (a) CRY services are not backed by governments or police and/or military forces. They are not protected by government deposit protection schemes and insurance protection policies. Mobile devices may be extremely unstable. Mobile technology is extremely nascent and unproven. Mobile software and providers are subject to hacking attempts resulting in loss of data and/or funds. CRY is not the creator of and does not have any control over, any of the Mobile devices that the CRY installer allows CRY to use. You shall be solely responsible for your choice of and use of CRY;
- (b) A mobile device protocol may fail resulting in total loss of Data held by users;
- (c) Disasters may damage the Mobile systems resulting in loss of Data held by users;
- (d) operating system failures (mobile or desktop);
- (e) interactions between your hardware, software and the CRY Services and GPS Services;
- (f) cloud backup software (e.g., certain Android distributions) may upload your private files/information to third party services; (g) malware, viruses or other malicious software on your device that is able to take control of or interfere with the CRY Services and GPS Services; (h) communication delays between your mobile and a node or relay service for a mobile device (and vice versa)
7.1 CRY may, from time to time and without giving any reason or notice, modify, upgrade, suspend, or discontinue (the “Modifications”) the App and GPS, the CRY Services and GPS Services or any part thereof. CRY shall not be liable if any Modification affects your use of the App Services and GPS Services.
7.2 CRY reserves the right to update or amend these Terms at its sole and absolute discretion, and the most current version will always be posted on the APP and Web. It is your responsibility to review these Terms on a periodical basis. If you use the App and/or GPS or the CRY Services and GPS Services after the Terms are posted online, you are deemed to have accepted any Modifications. If you do not accept the updated Terms, your sole and exclusive remedy is to stop access to and use of the Services, the App and the CRY Services and GPS Services.
LIMITATION OF WARRANTY AND LIABILITY
8.1 The CRY Services and GPS Services are provided to you on an “AS IS” and “AS AVAILABLE” basis and without any warranty, to the maximum extent permissible by law. No representations or warranties of any kind implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the APP Services and GPS Services.
Without prejudice to the generality of the foregoing, CRY does not warrant any of the following:
- the accuracy, timeliness, adequacy, commercial value or completeness of all data and information contained in the App Services and GPS Services;
- that the App Services and GPS Services are free from any computer viruses or other malicious, destructive or corrupting code, agent, program or macros; or
- the security of any information transmitted by you or to you through the APP Services and GPS Services, and you accept the risk that any information transmitted or received through the App Services and GPS Services may be, for example, accessed by unauthorized third parties, as well as auth or disclosed by CRY or its officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
8.2 We will not be liable or responsible for any act or event beyond our control, including without limitation the matters listed in Clause 6.
8.3 To the maximum extent permitted by law, we (including our and our subsidiaries’ shareholders, directors, officers, employees, and agents) shall not be liable for any personal injury, indirect, incidental, special, exemplary, consequential or punitive damages, or any loss of profits or revenues (regardless of whether we were advised of the possibility of such damages), whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from
- your access to or use of or inability to access or use the App Services and GPS Services;
- any conduct or content of any third party on the App Services and GPS Services.
8.4 You agree to indemnify CRY against any Losses incurred due to your use (or misuse) of the Services.
9.1 CRY reserves the right to terminate these Terms with immediate effect, or to disable, suspend or terminate your access to and use of the App Services and GPS Services, without giving any reason, notice or liability to you.
9.2 You may terminate these Terms by ceasing use of the App and GPS and the App Services and GPS Services at any time and you need not specifically inform CRY when you cease to use the App and GPS and App Services and GPS Services.
9.3 Upon termination for any reason:
- all rights granted to you under this license shall cease;
- you must immediately cease all activities authorized by these Terms; and
- you must immediately delete or remove the App and GPS from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the App and GPS and documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
10.1 We may transfer our rights and obligations under this License to another organization, but this will not affect your rights or our obligations under this License.
10.2 You may only transfer your rights or your obligations under this License to another mobile device if we agree in writing.
10.3 Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
10.4 If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.
10.5 These Terms constitute the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this License.
10.6 CRY shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
10.7 These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by, and construed in accordance with, the laws of Switzerland. You agree to submit to the exclusive jurisdiction of the courts of Switzerland.
10.8 Pls keep in mind the use of CRY does not guarantee the right to life and physical integrity. It may help to prevent any direct and/or indirect criminal action to the User of CRY.