Last Updated: April 13, 2024
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND STREAMEX ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ SECTION 20 CAREFULLY.
Welcome to StreamEx! These Terms of Service ("Terms") govern your access to and use of the StreamEx Exchange Corporation ("StreamEx", "we", "us", or "our") website located at www.streamex.com (the "Site"), our mobile applications (the "Apps"), and any related services, features, content, or applications offered by StreamEx (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" in these Terms refer to that entity. Some parts of the Services may have additional eligibility requirements, which will be specified in those sections. StreamEx reserves the right to refuse access to the Services or terminate accounts at its sole discretion if eligibility requirements are not met or if any information provided is found to be inaccurate or incomplete.
To access certain features of the Services, you may need to register for an account ("Account"). When you register for an Account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form, and to maintain and promptly update this information to keep it accurate, current, and complete. You are responsible for safeguarding your Account password and for any activities or actions under your Account, whether or not you have authorized such activities or actions. You agree to notify StreamEx immediately of any unauthorized use of your Account or any other breach of security. StreamEx will not be liable for any loss or damage arising from your failure to comply with these requirements.
Subject to your compliance with these Terms, StreamEx grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes. You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. Prohibited activities include, but are not limited to:
The Services may allow you to hold, trade, and transact in various digital assets, cryptocurrencies, or tokens ("Digital Assets"). You acknowledge and agree that:
You agree to pay all applicable fees associated with your use of the Services, as disclosed on the Site or Apps ("Fees"). Fees may include transaction fees, withdrawal fees, and other charges. StreamEx reserves the right to change the Fees at any time, and such changes will be effective upon posting on the Site or Apps or otherwise notified to you. All Fees are non-refundable unless otherwise stated. You authorize StreamEx to deduct applicable Fees directly from your Account balance or the proceeds of your transactions. Failure to pay Fees may result in the suspension or termination of your Account.
The Services may contain links to third-party websites, applications, or resources ("Third-Party Services") and may display content or information from third parties ("Third-Party Content"). StreamEx does not own, control, or endorse any Third-Party Services or Third-Party Content and is not responsible or liable for their availability, accuracy, content, products, or services. Your use of Third-Party Services and reliance on Third-Party Content is at your own risk. These Terms do not apply to Third-Party Services, and you should review the terms and privacy policies applicable to any Third-Party Services you access.
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content belonging to other users (the "StreamEx Content"), and all Intellectual Property Rights related thereto, are the exclusive property of StreamEx and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any StreamEx Content. Use of the StreamEx Content for any purpose not expressly permitted by these Terms is strictly prohibited. "StreamEx" and associated logos are trademarks of StreamEx Exchange Corporation.
Certain features of the Services may permit users to upload, submit, store, send, or receive content, such as text, images, or other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content, you grant StreamEx a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and StreamEx's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Services. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws. StreamEx reserves the right, but is not obligated, to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
You agree not to submit User Content that:
StreamEx reserves the right to investigate and take appropriate legal action against anyone who, in StreamEx's sole discretion, violates this provision, including removing the offending content from the Services and terminating the accounts of such violators.
You agree to comply with all applicable laws and regulations in connection with your use of the Services, including, but not limited to, anti-money laundering ("AML"), counter-terrorist financing ("CTF"), and economic sanctions laws. StreamEx maintains AML and Know Your Customer ("KYC") compliance programs. As part of these programs, you may be required to provide certain information and documentation to verify your identity and the source of your funds before being permitted to use certain features of the Services. Failure to provide required information or documentation, or providing inaccurate or incomplete information, may result in the suspension or termination of your Account and reporting to relevant authorities.
You are solely responsible for determining what, if any, taxes apply to the transactions you conduct through the Services, and for reporting and remitting the correct tax to the appropriate tax authority. StreamEx is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any transactions. You should consult your tax advisor for assistance in determining your tax obligations.
StreamEx may, in its sole discretion, suspend, restrict, or terminate your access to any or all of the Services, and/or deactivate or cancel your Account, immediately and without prior notice or liability, for any reason, including but not limited to:
Upon termination, your right to use the Services will immediately cease. You remain liable for all obligations related to your Account even after termination, including any Fees owed. StreamEx may retain certain information after termination as required or permitted by law.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STREAMEX, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
STREAMEX DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STREAMEX OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STREAMEX, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STREAMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:
IN NO EVENT SHALL STREAMEX'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO STREAMEX FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STREAMEX AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless StreamEx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the StreamEx Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of [Your State/Jurisdiction - e.g., Delaware] without giving effect to any choice or conflict of law provision or rule.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate: You and StreamEx agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
b. Arbitration Rules and Governing Law: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/consumer or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
c. Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
d. Arbitration Location and Procedure: Unless you and StreamEx otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and StreamEx submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
e. Arbitrator's Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. StreamEx will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
f. Fees: Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, StreamEx will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
g. Class Action Waiver: YOU AND STREAMEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and StreamEx agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
h. Changes: Notwithstanding the provisions of the "Changes to Terms" section below, if StreamEx changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [Your Legal Email Address]) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of StreamEx's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and StreamEx in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
i. Severability: If the Class Action Waiver, or any portion of this Section 17, is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
a. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by StreamEx on the Services, constitute the entire agreement between you and StreamEx concerning the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and StreamEx.
b. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
c. Waiver: The failure of StreamEx to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and StreamEx's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
d. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by StreamEx without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
e. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
f. Notices: StreamEx may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by StreamEx in our sole discretion. StreamEx reserves the right to determine the form and means of providing notifications to our users. StreamEx is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
g. Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
StreamEx reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services. It is your responsibility to check these Terms periodically for changes.
If you have any questions about these Terms, please contact us at:
Streamex Exchange Corporation
1111 WEST HASTINGS ST, FLR 15, Vancouver BC V6E 2J3
contact@streamex.com