COPYME.IO TERMS & CONDITIONS
Please read this document carefully. It details the services which we will provide and it sets out the obligations and rights applying between you and COPYME.IO. If there is anything in this document which you do not understand or with which you do not agree, do not use our Services. Contracts for differences are complex derivative products and are not suitable for all investors. When trading contracts for differences, you should not use money that you cannot afford to lose,
however you cannot lose more than the equity in your account. You should only consider trading contracts for differences if you: have extensive experience of trading in volatile markets; fully understand how contracts for differences work, including all associated risks and costs; are aware that the use of margin or leverage creates greater risks; understand that there are situations where we will be able to close out your transactions without giving you notice; have sufficient time to manage your transactions on an active basis. More detailed risk warnings are set out below. You, as the client, are required to read and understand the General Risk Disclosure which also forms part of these Terms and Conditions. These terms and conditions as amended from time to time, including any of its appendixes as shall be updated and added from time to time (the “Terms and Conditions
”) are made between you and COPYME.IO or COPYME INC (as the case may be, each also trading under the name “COPYME” each such entity shall be referred to herein as “Us
” or “COPYME
” or “we
” or “COPYME
” as appropriate). COPYME.IO is a limited liability company incorporated in Wyoming, USA with registered number whose registered office and principal place of business is at , . These are the entire terms and conditions that apply to the use of this website/applications and any services provided in relation to the websites/applications including, but not limited to the use of our trading services, Copying services, data collection and storage practices, downloadable material from our website, financial information published on our website/applications (either by us or by any affiliated party), electronic content, real time information about the exchange rate or price, as applicable, of some cryptocurrencies, and tools for executing transactions in the cryptocurrency exchange market and the other markets available on our website/applications on the internet, by telephone or fax and any other features, content or services that we may add in the future (collectively the “Services
”). Use of the Services is subject to these Terms and Conditions. If you have any objections to the Terms and Conditions, do not use our Services. Your access to and use of the Services constitutes your acceptance of the Terms and Conditions and any other legal notices and statements contained on this website. Your use of the Services is governed by the version of the Terms and Conditions in effect on the date each Service is used by you. You are responsible for checking this page on our website/applications periodically in order to review the current version of the Terms and Conditions. Please feel free to contact our customer support team at https://copyme.io/contact/
for any clarifications before you use or continue to use any Service. We are proud to provide You with the ability to interact, follow and copy other experts, strategies and/or portfolios by using information and/or social trading features made available on our websites and/or trading platforms. Such social trading features include but are not limited to our community, “follow”, “copy” and/or “subscribe” to experts, portfolios and/or strategies, rankings, “featured users” and/or any advanced search options etc. (collectively, “Social Trading Features
“). Certain accounts, portfolios and/or strategies available and copyable on our Websites/applications are portfolios managed by COPYME either manually or by using certain algorithms. Such portfolios shall be specifically identified as such and shall be referred to as the “COPYME Portfolios
These Terms and Conditions describes to You in full detail the terms and conditions which You must accept without restrictions or objections before using our Services. Before You use our Services and before You become a customer of COPYME, You must fully understand and agree to all the terms and conditions expressly explained and/or implied hereto by reference. Notwithstanding anything to the contrary, by continuing to use our Services You are implying that You have read these Terms and Conditions and have unconditionally accepted without reservation the Terms and Conditions in their entirety. These Terms and Conditions were published on and last updated on May 2, 2018.
- SERVICES, REGISTRATION & ACCOUNTS 1. Scope of Services
1.1.1 These Terms and Conditions covers the entire scope of Services provided by COPYME including, but not limited to, the use of our website and/or applications, the use of our trading and Copying Services, data collection and storage practices, downloadable material from our website, financial information published on our website (either by Us or by any affiliated party), electronic content, real time information about the exchange rate of some currencies, tools for executing transactions in the cryptocurrency exchange market on the internet, by phone or fax and any other features, content or services that We may add in the future. These Terms and Conditions cover any form of communication between Us and You including email, telephone, fax and any other means of communication we agree. We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any part of our Services with or without notice. You agree that we will not be liable to you or to any third party (for whom you may be acting) for any modification, suspension or discontinuance of all or any part of our Services. 1.1.3 Social Trading Features and Copying Services
. 220.127.116.11 Our Social Trading Features Services assists You in testing, evaluating and selecting your investment strategy by providing You with detailed account information, trading history, risk profile and other pertinent information You should consider before electing to copy a specific account. In doing so, You should bear in mind all aspects and factors including, but not limited to, the risk nature of the copied account and Your investment objectives. 18.104.22.168 When using our Copying services, you are agreeing to use investment management service of COPYME. Before you can engage in copying, We will assess what trading strategies are suitable for you and under what conditions (the “Suitability Assessment
“) and establish your investment profile on that basis. 22.214.171.124 We will update the Suitability Assessment from time to time. You confirm and acknowledge that our assessment of your use of our Copying services is performed on the basis of the information and documents provided by you, and you confirm the truthfulness, correctness and completeness of such information. You acknowledge that we may rely upon such information and that you are responsible for any damages or losses which may result from any inaccuracies. You can revisit your suitability questionnaire at any time and evaluate whether there has been a change to your experience, trading objectives and/or financial situation. 126.96.36.199 We will be responsible to you for the provision of the Suitability Assessment and the Copying Services. However, if you have any comments, questions or complaints in relation to those services please address them to us in accordance with Section 9 and we will ensure that they are dealt with. You do not have to pay Us a fee, and We will not receive remuneration from You for its services. The only charges you will pay are those payable to us in accordance with these terms and conditions. 188.8.131.52 We will be responsible to you for: informing you from time to time of the details of your Suitability Assessment and Investment Profile; and executing all instructions generated by the Copying Services and reporting to you on the resulting transactions via our Websites. We do not provide investment advice, nor provide any personalized investment recommendations and/or advise You on the merits of any investments. 184.108.40.206 In making a decision to Copy a specific expert or experts, strategy and/or portfolio, You have considered your entire financial situation including financial commitments and you understand that using Social Trading Features is highly speculative and that you could sustain significant losses exceeding the amount used to copy an expert or experts. Please note that we are unable to provide any guarantee as to the performance of any particular investment, account, portfolio or strategy
. For further information in connection with the risks associated with our Service see Section 4 below. 220.127.116.11 Without derogating from the generality of the foregoing, You have reviewed and acknowledge the Risks Associated with Social Trading Features and particularly Copying Services, as more fully described herein, including but not limited to, automated trading execution whereby the opening and closing of trades will happen in your account without your manual intervention. 18.104.22.168 You hereby authorize COPYME to limit and/or withhold our Copying services based on your investment profile and COPYME’s ongoing suitability assessments in accordance with its policies and procedures. 22.214.171.124 You further authorize COPYME to execute any and all transactions and/or positions undertaken by the expert, account, portfolio and/or strategy you chose to Copy an expert, including without limitation, Copying, stop copying and/or pause copying another expert, account, portfolio and/or strategy and setting limits to any position (including copy position). These actions are done automatically once initiated by you and do not require any prior consultation, consent or approval of ongoing activity/copied trades. You hereby confirm that you acknowledge that at any time, upon your sole discretion, you can stop, pause, restrict and/or limit any Copying activity performed by you via our Websites. You remain, at all times, solely responsible for both monitoring and selecting and assessing: (a) the suitability of the copied accounts; and (ii) the overall performance of the copied expert, account, portfolio and/or strategy. When copying a transaction in the underlying asset of ETFs and Cryptocurrencies, such copied transaction shall be a CFD transaction and shall be subject to the provisions of these Terms and Conditions. 126.96.36.199 In particular, when Copying a COPYME Portfolio, You further authorize COPYME, to: (a) to copy or stop copying any expert, account, portfolio and/or strategy, at its sole and absolute discretion; (b) to open and/or close any position available on our Websites/applications, at its sole and absolute discretion to set limits to any position (including copy position); (c) to update and/or amend the policy, the objectives, the structure and/or composition of any COPYME Portfolio, at its sole and absolute discretion, with or without notice to its copiers; (d) to close any such account, portfolio and/or strategy, at its sole and absolute discretion, with or without notice to its copiers. 188.8.131.52 COPYME shall continue to be committed to exercising reasonable endeavors to monitor the performance of copied expert, account, portfolio and/or strategy, against parameters established by it, which may include, risk behavior, profitability, drawdown and any other parameters deemed relevant by COPYME and to stock and/or block any expert, account, portfolio and/or strategy from being copied. In furtherance to our authorization set forth in Section 184.108.40.206 above, We reserve the right to pause, to copy or stop copying any expert, account, portfolio and/or strategy, at our sole and absolute discretion. 220.127.116.11 Without derogating from the generality of Section 4.5 below, the provision of Social Trading Features and/or our Copying services does not constitute investment advice on our part. You are using the Social Trading Features at your own risk and COPYME and its affiliates, employees, clients and agents will not be liable for any losses that you may sustain as a result of your using such features. Neither COPYME (with respect to COPYME Portfolios) nor any copied expert, account, portfolio and/or strategy guarantees the future performance of your Account, any specific level of performance, the success of any investment strategy or the success of our overall management of the Account. Investment strategies are subject to various market, currency, economic, political and business risks. Investment decisions may not be profitable and may result in the loss of your entire invested amount. Past performance is not a guarantee or prediction of future performance. 18.104.22.168 You should note that We and our affiliates may take the same or similar positions in specific investments for our other clients and our own accounts as we do for you, or We or our affiliates or other customers may open trades in an opposite direction to You. We have no obligation to purchase or sell, or to recommend for purchase or sale in your Account, any security which we or our Affiliates may purchase or sell for our other clients and our own accounts. You should further note that we may elect to remunerate our copied experts. 22.214.171.124. To the maximum extent permissible under the applicable law, neither we nor any of our affiliates will be liable for (a) any loss arising from adhering to your written or oral instructions, (b) any loss that you may suffer by reason of any decision made or other action taken by an account elected to be copied by You, including without limitation, a COPYME Portfolio; or (c) specifically any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy and/or portfolio, including without limitation a COPYME Portfolio. Nothing in these Terms and Conditions will waive or limit any rights that you may have under any applicable laws which may not be waived or limited. 1.2. Registration
. If we believe that there is likely to be a breach of security we may require you to change your account credentials or suspend your access to the trading platform. We reserve the right to edit, amend or issue you with new account credentials or require a change of your account credentials at any time by giving notice to you. 1.3. Eligibility
It is a pre-condition that our Services are only used and contracts are only formed by those who are permitted to enter legally binding agreements. Therefore, if there is any reason why You would not be able to enter a legally binding agreement with Us, for whatever reason – do not use our Services. Such reasons could include, but are not limited to persons that have not yet reached a legal age of consent in a relevant jurisdiction. Due to our internal policies, we will only provide the Services to users with sufficient experience, knowledge and understanding of financial investments in CFDs or financial products, who fully understand the associated risks. Notwithstanding any of the above, the above mentioned eligibility restrictions shall only apply in cases where the Services involve the use of real money. The above restrictions shall not apply to use of any demonstration account not associated with real money transactions. Trading activity with COPYME might be illegal in some jurisdictions and we encourage users (including, but not limited to users from Canada and Brazil) to check local regulations before deciding to use the Services. We reserve the right to asses or reassess at any time your relevant knowledge and experience to use our Services. Without limiting the foregoing, by using our Services You acknowledge and understand that laws regarding financial instruments vary throughout the world, and it is Your obligation alone to ensure that You fully comply with any law, regulation or directive, relevant to Your country of residency with regards to the use of our Services. For avoidance of doubt, the ability to access Our Services does not necessarily mean that Our Services, and/or Your activities through it, are legal under the laws, regulations or directives relevant to Your country of residency. Our websites and/or any other online material do not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. 1.5. Language of Terms and Conditions
COPYME may elect to provide you with these Terms and Conditions and/or any other documentation, information and communications (“Communications
”) in various languages. By accepting these Terms and Conditions (in any language) you acknowledge and accept that: (a) COPYME’s official language is English; and (b) in the event of any discrepancy or inconsistency between any Communication in English and the same in another language, the Communication in English shall exclusively prevail. 1.6. Means of communication
COPYME reserves the right to communicate with you by email, electronic chats, online discussions, telephone, fax, post, newsletters issued by us and/or any other mean of communications, whether such communication is personally addressed to you or generally addressed to all our users. By accepting these Terms and Conditions you acknowledge and confirm that all such means of communications are deemed acceptable and any such communication so provided shall be deemed to have been received by you. You further hereby consent to your Account information and trade confirmations being available on the internet instead of having such information delivered to you by mail or email. You will be able to access account information through the trading platform using your Account credentials. We will display all of your account activity and you will be able to reports of account. Posting of account information on your online account will be deemed delivery of confirmation and account statements. 1.7. Your representative(s)
Should you grant trading authority or control over your account to a third party whether on a discretionary or non-discretionary basis, you do so at your own risk. Neither COPYME nor any of its affiliates or agents shall in any way be responsible for reviewing your choice of such third party or for making any recommendations with respect thereto. COPYME does not make any representations or warranties concerning such third party and shall not be responsible for any loss to you which results from the actions of such third party. COPYME reserves the right to reject the appointment of any representative or attorney authorized to act on your account and may elect to dismiss and/or reject any transactions performed by such person. 1.8. Your Representations and Warranties
1.8.1. Every time you use a Service you will be deemed to represent and warrant that: You are at least 18 years old, or the age of legal consent for engaging in financial investment activities under the laws of any jurisdiction that applies to you; You are of sound mind and are capable of taking responsibility for your own actions; All the details that you have submitted to us or any details given to us when opening an account and/or making a deposit are accurate, up-to-date, complete and not misleading and match the name on the payment card and/or payment accounts in which you intend to deposit or receive monies from your account; You will notify us immediately of any changes to any information you have provided to us in connection with these Terms and Conditions; You understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide and it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using the Services. You have verified and determined that your use of the Services does not violate any such laws or regulations of any jurisdiction that applies to you; All money that you use and invest through the Services does not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority. 1.8.2. For the avoidance of doubt, representations and warranties are personal statements or assurances given by you on which we will rely when we provide the Services to you. 1.9. Limited License
. Subject to the above registration and eligibility requirements and the terms and conditions set forth herein, We hereby grant You a personal license (a “License
“) that is non-transferable, non-exclusive and fully revocable to use our Service (including the use of our website and any associated downloadable software). You will also be subject to the End User License Agreement of COPYME Limited that is associated with downloading any software from our website and is attached herewith and forms a part of these Terms and Conditions. 1.11. Quotes & Transactions
1.11.1. Where relevant, we may provide quotes via the trading platform or over the telephone. All quotes are indicative only, are current as at the time provided or displayed, and are provided for information purposes only but do not constitute an offer by us to buy or sell any product or instrument at that price. All quotes are subject to volatility and market fluctuations. 1.11.2. We may, in its absolute discretion, but is under no obligation to, execute your requests and instructions outside of the normal trading hours specified for that particular instrument. 1.11.3. We reserve the right to block any user from being copied, for whatsoever reason. 1.11.4. Force Majeure Events. We may, in our reasonable opinion, determine that a Force Majeure Event exists. A Force Majeure Event will include, but is not limited to, the following: (i) any act, event or occurrence (including without limitation any strike, riot or civil unrest, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the instruments in respect of which we deal on the trading platform; (ii) the suspension or closure of any exchange or the nationalization, government sequestration, abandonment or failure of any instrument on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event; (iii) the occurrence of an excessive movement in the level of any transaction and/or exchange or our anticipation (acting reasonably) of the occurrence of such a movement; (iv) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or (v) the failure of any relevant supplier, financial institution intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. If we determine that a Force Majeure Event exists, we may without notice and at any time, acting reasonably, take one or more of the following steps: (a) alter your Margin requirements; which may result in you being required to provide additional Margin; (b) close all or any of your open Transactions at such closing prices as we reasonably believe to be appropriate; (c) suspend or modify the application of all or part of these Terms and Conditions to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto; or (d) alter the trading hours for a particular Transaction. You agree that we will not be liable in any way to you or to any other person in the event of a Force Majeure Event, nor for our actions pursuant to Section 1.11.9 if we decide to take such action. The parties shall be released of all responsibilities for partial or full non-fulfillment, as well as for improper fulfillment of the obligations under these Terms and Conditions, if such non-fulfillment or improper fulfillment was a result of a Force Majeure Event, which occurred after the Services were terminated. 1.18. Orders
1.18.1. We may utilize another executing broker, including an affiliate or a non-affiliated third party, including COPYME INC, to execute your orders/or and transactions. Such executing brokers shall have the benefit of all of our rights and remedies and limitations on liability under these Terms and Conditions. We reserve the rights to decline any order or transaction, at any time, in our sole discretion. You shall be responsible for monitoring all Your orders until We confirm execution or cancellation of the order. 1.18.2. Any order or instruction you give us will not take effect unless actually received and acknowledged by us. We shall be entitled to act upon any order or instruction which we reasonably believe is given by you or on your behalf without further enquiry as to the genuineness, authority or the identity of any such person giving or purporting to give such order or instruction. The execution of an order by us shall constitute a binding agreement between you and us on the terms of such executed order. 1.18.3. You acknowledge that it may not be possible to cancel or modify an order with respect to certain types of transactions, with respect to Cryptocurrencies being a type of decentralized digital currency or asset which is not issued by any central bank or issuer in which encryption techniques are used to facilitate the generation of units of the currency or asset and verify the transfer of units (“Cryptocurrencies
”) executed as a CFD transaction or acquisition of the underlying asset. Any attempt to cancel or modify an order is simply a request to cancel or modify and shall not be recognized by COPYME, unless specifically approved by Us. COPYME shall not be liable to for any loss You may sustain in the event of a non-cancelation of said orders, regardless if the security price becomes highly volatile, the occurrence of a market event and/or upon an excessive movement in the underlying market or the like. 1.18.5. When an individual stock which is a constituent of a cash stock index goes ex-dividend, this will have a weighted effect on that cash index, known as the “index dividend” or “index impact”. We will make adjustments to those accounts with a position in an affected index, if that position is open on the relevant Overnight Hour on the day prior to the ex-dividend date of the constituent shares. We reserve the right to effect such adjustment within 30 days following the ex-dividend date. We will credit long positions and debit short positions (by means of a cash adjustment) to your Account. In doing so we will make an effortto effect such adjustment on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice and/or taking into account the treatment we may receive from our counterparties or any relevant third party. As a result of such event, we may determine the appropriate adjustment to be made to the price or quantity as we consider appropriate to account for said event. 1.18.6. Orders for Cryptocurrencies
126.96.36.199. You acknowledge that our platform is independent of any exchanges and we are under no obligation to quote a particular price or follow the trading rules consistent with such exchanges. You further acknowledge that the triggering of your transaction is linked to the prices we quote on our platform, during trading hours and not the prices quoted on any relevant exchanges. In determining whether the prices quoted on the platform reach or exceed the price accepted by Us in a transaction, We will be entitled (but not obliged) to disregard any prices quoted during any pre-market, post-market or intra-day auction periods in the relevant exchange, during any intra-day or other period of suspension in the relevant exchange, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant exchanges and you acknowledge that a transaction may or may not be triggered even though: (a) an exchange never traded at the level of your transaction; or (b) the exchange did trade at the level of your transaction but for such a short period or in such low volumes that it would have been impractical to execute an equivalent transaction on the exchange. 188.8.131.52. When entering into an order for Cryptocurrencies, You irrevocably and unconditionally agree to accept the security bid/ask prices in which the transaction shall be executed as shall be reflected on our trading platform as final and binding. 184.108.40.206. When effecting such CFD transactions, COPYME may or may not acquire or sell the underlying security and/or Cryptocurrencies for its own account to cover said orders. 220.127.116.11. We may in accordance with our Order Execution Policy, aggregate your orders with our own orders, orders of any of our associates and/or persons connected with us including employees and other clients. Furthermore, we may split your orders when executing them. You accept that aggregation and split of your order may result in you obtaining a less favorable price than if your orders had been executed separately. 1.19. Applicable Regulations
1.19.1. These Terms and Conditions and any orders or transactions placed or executed under it are subject to all applicable laws and regulations including, without limitation, the constitutions, articles, by-laws, rules, regulations, policies, procedures and interpretations (collectively, “Rules
“) of the exchanges, markets and clearing houses and any other applicable Rules of a regulatory, self-regulatory or governmental authority (“Applicable Regulations
“). IN NO EVENT SHALL COPYME OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY ACTION, INACTION, DECISION OR RULING OF ANY EXCHANGE, MARKET, CLEARING HOUSE OR REGULATORY OR SELF-REGULATORY AUTHORITY. 1.19.2. COPYME or its affiliates may take or omit any action they consider reasonable to comply with Applicable Regulations. You specifically acknowledges that exchange Rules may afford the exchange wide powers in various situations, including, but not limited to, in an emergency, in an otherwise undesirable situation, or in the event of a default (not necessarily on the part of COPYME and/or its affiliates), to close-out a transaction, to require the exercise of set-off rights or to take such other steps or combination of steps as the exchange thinks fit. You agree that, if a relevant exchange (or intermediate broker acting at the direction of, or as a result of any action taken by, any exchange) takes any action which affects any transaction, then We may take any action which We, in our absolute discretion, consider desirable to respond to such action or to mitigate any loss incurred as a result of such action. Any such action taken by Us will be binding on You. In no event shall COPYME or its affiliates be liable to You for any action, inaction, decision or ruling of any exchange, market, clearing house or regulatory, self-regulatory, governmental or supra national authority. 1.19.3. Nothing in these Terms and Conditions shall exclude or restrict any duty or liability owed by us to you under the Applicable Regulations and, notwithstanding any other provision of these Terms and Conditions, we shall be entitled to take any action that we consider necessary to ensure compliance with any relevant legislation and regulations. In the event of a conflict between any provision of these Terms and Conditions and any relevant legislation and regulations, the relevant legislation and regulations shall prevail. Each time you enter into a trade you agree to repeat the following conditions: 18.104.22.168. You are not an employee of any exchange, a corporation in which any exchange owns a majority of the capital stock, a member of any exchange and/or firm registered on any exchange or any bank, trust or insurance company that trades in CFDs and/or the underlying assets held by You; 22.214.171.124. You will not enter into any transaction which falls within the definition of market abuse. You are reminded that this applies to all forms of market abuse such as insider trading, the misuse of information and directors trading in shares of their own companies; in such circumstances we reserve the right to void all your trading transactions. The use of any high speed trading, scalping or automated data entry system will only be permitted with our prior written consent. Accordingly, a significant number of transactions with short duration may be deemed as market abuse; and 126.96.36.199. the execution, delivery and performance of these Terms and Conditions and your use of the Trading Platform including each transaction you complete thereto will not violate any law, ordinance, charter, by-law or rule applicable to you, in the jurisdiction in which you are resident, or any agreement by which you are bound or by which any of your assets are affected. 1.21. Expert Account Information
We will post details of your account activity on the website. Updated account information will be available after any activity takes place on your account. Account information will include confirmations, purchase and sale price, statements of profits and losses, as well as current open positions. Posting of Account Information on the website will be deemed delivery to you of any relevant information (such as confirmations and account statements). We may at our sole discretion withdraw or amend any Account Information at any time. Unless otherwise agreed by us you agree that we are under no obligation to provide confirmations in hard copy or by email rather than through the website.
- INTELLECTUAL PROPERTY
All our intellectual property assets (“IP
“) including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Under no circumstances shall You remove any copyright notification from any of our IP or unlawfully use our websites and/or software. The use of our Services does not grant You any rights other than those granted to You by revocable License in any way. We own or are licensed to use all the images, graphics, video, audio, software code, user interface design or logos, and/or content displayed on our website and/or any software used therein and/or useable there through. You may not use these images in any way other than the manner which We provide them. You are not permitted to use any of our images and/or content for any other purpose without obtaining our prior written consent. Nothing contained on our websites shall be construed as granting, by implication or otherwise, of any license or right to use any trademark without either our written permission or the permission of the proprietor of such trademarks. Except as expressly stated herein, You may not without our prior written permission, alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our websites. If You link from another website to one or more of our websites, your website, as well as the link itself, may not, without our prior written permission, suggest that We endorse, sponsor or are affiliated with any non-COPYME website, entity, service or product, and may not make use of any of our IP other than those contained within the text of the link.
- CONTENT, PERSONAL DATA AND COMMUNICATIONS WITHIN THE COPYME COMMUNITY
3.1. Content and Personal Data
3.1.1. By acceptance of these Terms and Conditions, You agree and acknowledge that the following information and content shall be considered non-confidential and non-proprietary information (other than your personal data as described below, collectively, the “Content
“): your username, your picture/avatar (if provided), your state of residency, gender, networks, list of users who follow You, users who copies You etc., list of users You follow or copy, and any network status/posts/blogs and any other content options that enable our users to interact amongst themselves, including without limitation content and information You post on our community, comments, feedback, postings, blogs and/or all Information that You provide to Us via our website and/or by email, fax or telephone and in addition if you have elected to use one of our social networks applications (such as Facebook, Tweeter, Instagram etc.), our application will access to your social network account general information which includes your name and username in such social network, profile picture, gender, networks, user ID, list of friends, and any other information. You have shared with “everyone” on such social network. Additional information may be collected in specific social networks campaigns as shall be specified in the terms and conditions applicable to such campaign. All portfolio and trading information performance results shall be considered non-confidential and non-proprietary information and as COPYME’s property. By providing such Content, You specifically grant Us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present and/or publish all or any part of your Content, and We shall be free to use such Content in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to You, including without limitation, within or outside our website, advertisements, in printed media, newspapers. 3.1.2. Your telephone conversations, email/chat communications with Us may be recorded/maintained by Us with or without the use of an automatic tone warning device. Any recordings shall be and remain Our sole property and will be accepted by You as conclusive evidence of their content as recorded by Us. You agree that We may deliver copies of transcripts of such recordings to any court, regulatory or government authority, including without limitation, in disputes which may arise between You and Us. 3.2. Communications within the COPYME Community; Links to Third Party Websites, Newsletters etc.
3.2.1. You acknowledge that you are responsible for any Content that you submit or transmit through any of our websites, applications and/or any network status/posts/blogs and any other communications and/or content options available by us, including your responsibility as to the legality, reliability, appropriateness, originality and copyright of any such information or material. Additionally, you represent and warrant that: (i) you own all right title and interest in any Content provided by you, and (ii) the posting of your Content by us (in any manner or media whatsoever, on an unrestricted basis) does not (and will not) violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. You shall be solely liable for any damage resulting from any infringement or other violation of the copyright, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any Content. 3.2.2. In our efforts to promote collegial, non-misleading and non-defamatory communications between the users of our community, you are strictly prohibited from: (1) making statements as to your eligibility to provide investment advice, portfolio management and/or any other services and/or activity which may require a license, registration and/or notification in your state of residency and/or in the residency states of our users; (2) making statements that COPYME INC. and/or its affiliates endorse, maintain any control and/or guarantee the accuracy and/or completeness of the Content published, posted or shared by you with other users; (3) making statements that are abusive, defamatory, harassing, and/or insulting statements to COPYME, its affiliates, employees, shareholders and/or any of its associates and/or other users or otherwise; (4) making statements that advertise or promote any other online entities and/or you and/or any services; (5) making statements that contain sexually explicit and/or any grossly offensive content, including expressions of bigotry, racism, hatred or profanity or that is hateful, threatening or pornographic; incites violence or that contain nudity or graphic or gratuitous violence; (6) sending or otherwise posting unauthorized commercial communications (such as spam) on our websites, applications and/or utilizing the Services; (7) collecting users’ content or information, or otherwise accessing our websites and/or Services, using automated means (such as harvesting bots, robots, spiders, or scrapers); (8) engaging in unlawful multi-level marketing, such as a pyramid scheme, on our websites and/or using our Services; (9) uploading viruses or other malicious code; (10) soliciting personal information and/or login information or access an account belonging to someone else; (11) using our websites and/or Services to do anything unlawful, misleading, malicious, or discriminatory; (12) doing anything that could disable, overburden, or impair the proper working of COPYME, such as a denial of service attack and/or facilitate or encourage any violations of these Terms and Conditions. All Content relating to the above (including any unsubstantiated performance claims) may be removed from any of our websites. If you violate the above we shall have the right to terminate your account and/or terminate or restrict your access to all or any Services and, if relevant, refund any money in your account. 3.2.3. “Popular Investors” and/or leading users may be subject to additional rules of conduct and restrictions relating to their Content or trading activity which may be imposed by us from time to time either generally or as a part of specified Promotions. If you have been qualified as a “Popular Investors” or a leading user please contact your account manager to receive further information with respect to any such restrictions which may apply to you. 3.2.4. We do not undertake to review and monitor all the Content and we do not in any manner endorse, support, sanction, encourage, verify or agree with any such Content. We reserve the right to review, monitor, revise and/or remove any such Content in any way we see fit in our sole discretion. You acknowledge that we may report to government authorities any actions that may be considered illegal and/or as may be required by such authorities. When requested, we may cooperate with government authorities in any investigation of alleged illegal activity. You further confirm and acknowledge that we may also maintain records of all such Content. 3.2.5. At certain times, we may provide you with various analytical tools (such as market data, price quotes, exchange rates, news, headlines and graphs), links to other websites, circulate newsletters and/or provide you with third party information for your convenience (together “Information
”). By doing so, neither we nor any of our affiliates are endorsing, giving any representation, warranting, guaranteeing, sponsoring or otherwise responsible for the accuracy, correctness, timeliness, completeness or suitability of such Information. Such Information and tools are provided solely to assist you to make your own investment decisions and does not amount to investment advice. It is important to make a distinction between indicative prices which are displayed on charts or elsewhere on our websites and dealable prices which are displayed on our trading platform. Indicative quotes only give an indication of where the market is. Therefore, any prices displayed on any chart made available by us or by a third party will only reflect “indicative” prices and not necessarily actual “dealing” prices where trades can be executed. Our quotes and orders are further discussed in Sections 1.11 and 1.18 of these Terms and Conditions. You understand that we are not required to continue to provide or update the above mentioned tools and Information and we may cease to do so at any time. For the avoidance of doubt, we will not be responsible for the termination, interruption, delay or inaccuracy of any Information. You undertake not to enable deep linking or any other form of re-distribution or re-use of the Information. As such, we urge you to read and fully understand the terms and conditions and other policies of such websites, newsletters and information before using them. Past performance is no guarantee of future results and we advise users to carefully review all claims and representations made by other users, advisors, bloggers, money managers and system vendors before making an investment decision on the basis of any of the above. IN NO EVENT SHALL COPYME OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY SUCH INFORMATION OR TOOLS, INCLUDING WITHOUT LIMITATION, DIRECTLY OR INDIRECTLY RESULTING FROM ERRORS IN, OMISSIONS OF OR ALTERATIONS TO ANY SUCH INFORMATION.
- RISKS DISCLAIMERS AND LIMITATIONS ON LIABILITY
4.1. General Risk Statement
You understand that You are using our Services at your own risk. It for this reason that We condition the use of our services to those who can actually bear the loss of any money invested and who properly understand the associated risks that are inherent to trading contracts for differences in relation to Cryptocurrencies. It is also important to have relevant experience when entering financial contracts and transactions. As You know, Cryptocurrencies market is a dynamic arena and their respective prices are often highly unpredictable and volatile. You should not deal in these products unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. In addition, use of our Services can never be considered a safe investment rather only an investment with a high risk of loss inherently associated with it. 4.2. Accountability for Each Financial Transaction
By using our Services, You agree to be fully, independently and personally liable for each transaction and/or credit card transaction made on our System through your account, including without limitation, any position automatically opened as a result of our Copying Services. As such, You must make sure that You are the only person with access to your account at all times. You must make sure that no minors have access to your account. If You do not settle a transaction performed through your account You shall be liable to Us and must indemnify Us in the amount necessary to cover the entire cost, whether indirect or direct, of the transaction. In the unlikely event that a contract is entered to acquire or sell currency at a price that does not reflect the market price (such as an event where a technical error such as a bug or defect has caused a malfunction that has affected the price of the transaction), We reserve our right to terminate and cancel any such transaction. We will notify You of our decision to cancel the transaction and explain our reasons to You. On the other hand, You are required to inform Us of any such malfunction should You experience such a malfunction whilst trading on our system. 4.3. Restrictions on Financial Transactions
You understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide. As such, You understand that ultimately it is your responsibility to make sure that You comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our Services. We strictly state that We do not permit the use of our Services by users from jurisdiction in which the use of our Services is not permitted. These Terms and Conditions are not offering or soliciting the use of our Services to any one located in a jurisdiction in which the specific use is not authorized or otherwise permitted by local laws. By using our Services, You declare that all the funds that You use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that We become suspicious that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms and Conditions, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, COPYME is under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to the Service and/or blocking your account, We reserve the right to prevent You from accessing any of our other websites or servers, or accessing any other services offered by Us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and You will cooperate fully with Us to investigate any such activity. 4.4. Additional Risk Disclosures
It is important that You be fully aware of the following points: 4.4.1. If You are trading over alternative trading platform over a third party trading accounts, such trading activities shall be subject to the commissions and fees available to our clients over such platforms and to the terms and conditions applicable to such trading accounts in addition to any and all the terms set forth in these Terms and Conditions. COPYME and its affiliates shall not be liable for any damage and/or loss resulting from and does not guarantee the execution of any order, the placing of stops, regardless of the entry or closing designation and/or that the trade will be filled at the order price and/or that the trading via such third party trading platform shall be error free, without delays. 4.4.2. We reserve the right to block any user from being copied, for whatsoever reason. 4.4.3. COPYME reserves the right to close part, or all, of customers’ open positions, in order to facilitate the charge of any fees or amounts due by You. Notwithstanding, You shall be liable for promptly paying such fee(s) and/or amounts to COPYME. 4.4.4. You acknowledge that the trading of certain Instruments on the trading platform may become volatile very quickly and without warning. Due to the high degree of risk involved in trading volatile Instruments, you acknowledge and agree that we reserve the right to close all or any open Transactions with respect to any Instruments that we determine, acting reasonably, are volatile, at the price quoted on the Trading Platform at such time without notice. 4.4.5. COPYME does not guarantee any order. Placing stops, regardless of the entry or closing designation, does not guarantee that the trade will be filled at the order price. All entry Stops and Stops will be filled, upon activation, at the available market price available to us that may or may not match the requested order price. 4.4.6. In the event liquidity providers are unable to provide liquidity to Us your order may experience delays in execution or You may not be able to place orders entirely. The size of the order may also impede the speed at which the order is executed. Keep in mind that it is only necessary to enter any order once. Multiple entries for the same order may inadvertently open unwanted positions. 4.4.7. While trading on our website and/or applications, You might encounter system errors that are resulted from hardware and/or software failures. The result of any system failure may be that your order is either not executed according to your instructions, executing with account balance errors and discrepancies or not executed at all. COPYME will not be liable for the resulting errors in account balances. COPYME reserves the right to make the necessary corrections or adjustments on the account involved. 4.4.8. High leverage allows trading in CFDs with relatively modest Margins or guarantees in relation to the scope of the contract. The result of this is that even a slight fluctuation of the underlying market or instruments could mean substantial gains when these fluctuations are in your favor, but could also mean considerable losses if the fluctuations are to your detriment. No system exists that could assure you that your CFDs will bring you great benefits, nor is it possible to guarantee, that your transactions will yield favorable results. 4.4.9. Even though the Cryptocurrencies markets may be liquid as compared with other financial instruments or markets, the market conditions might at times render the execution of an order or of a limit on an order (for example by placing a stop) at a stipulated price impossible. Accordingly, even though the extent of the losses could be subject to an agreed limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time. 4.4.10. In the event of the price of one of your transactions moving against you, in addition to the requirement to deposit additional guarantees or Margin as may be required by COPYME, COPYME reserves the right to close the outstanding balances without your consent. 4.4.11. Under abnormal market conditions, the price of underlying market or instruments may fluctuate rapidly to reflect unforeseeable events that cannot be controlled either by us or by you. 4.4.12. It is important to make a distinction between indicative prices which are displayed on charts and dealable prices which are displayed on our trading platform. Indicative quotes only give an indication of where the market is. Because the derivatives products and Cryptocurrencies market are decentralized, meaning it lacks a single central exchange where all transactions are conducted, each market maker may quote slightly different prices. Therefore, any prices displayed on any chart made available by us or by a third party will only reflect “indicative” prices and not necessarily actual “dealing” prices where trades can be executed. 4.4.13. All statements with respect to real money accounts will be open during the weekend and all experts are welcome to view their trading account info. COPYME reserves the right not to offset contracts carried over the weekend shortly after markets are open. COPYME will allow offsetting contracts carried over the weekend when market liquidity conditions are reasonable. 4.4.14. The risk information presented here does not reflect all of the risks as well as other important aspects intrinsic to your transactions (CFDs and/or in the underlying asset) with respect to Cryptocurrencies. Therefore, before starting to trade, You should learn the specifics of trading on such transactions in detail or seek further advice. 4.4.15. There are a series of inherent risks with the use of the mobile trading technology such as the duplication of order instructions, latency in the prices provided, and other issues that are a result of mobile connectivity. Prices displayed on the mobile platform are solely an indication of the executable rates and may not reflect the actual executed price of the order. Our mobile feature utilizes public communication network circuits for the transmission of messages. We shall not be liable for any and all circumstances in which You experience a delay in price quotation or an inability to trade caused by network circuit transmission problems or any other problems outside our direct control, which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between You and any internet service provider, phone service provider, or any other service provider. Please further note that some of the features available on the trading platform or our Social Trading Features may not be available on our mobile feature. 4.5. Risks Associated with Social Trading
Social Trading Features are associated with various risks and You are urged to carefully read and consider the following risks before utilizing our Social Trading Features: 4.5.1. Automated trading execution whereby trades are opened and closed in your account without your manual intervention. 4.5.2. In making a decision to Copy a specific expert, account, portfolio and/or strategy, You have considered your entire financial situation including financial commitments and you understand that using Social Trading Features is highly speculative and that you could sustain significant losses exceeding the amount used to copy a expert or experts. 4.5.3. Social Trading Features are provided by Us solely for informational purposes. We and our affiliates and their employees and agents are not investment or financial advisers. IF YOU MAKE INVESTMENT DECISIONS IN RELIANCE ON INFORMATION WHICH IS AVAILABLE ON OUR WEBSITES OR AS A RESULT OF THE USE OF THE SOCIAL TRADING FEATURES, YOU DO SO AT YOUR OWN RISK AND COPYME INC. AND ITS AFFILIATES, THEIR EMPLOYEES AND ITS AGENTS WILL NOT BE LIABLE FOR ANY LOSSES THAT YOU MAY SUSTAIN. 4.5.4. YOU SHOULD NOT MAKE ANY INVESTMENT DECISION WITHOUT FIRST CONDUCTING YOUR OWN RESEARCH. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION. 4.5.5. A copied expert’s, account’s, portfolio’s and/or strategy’s positions (with respect to any of our financial instruments) shall be copied in an amount equal to the lower of either the minimum position amount as shall be set by COPYME from time to time or the proportional amounts of the copied trade to the realized equity of the copied expert as the basis for the proportions of copied trades. Such positions shall have the same leverage, stop loss and take profit, to the maximum extent possible. Trades below the minimum trade amount shall not be opened. All such positions shall be modified and/or closed automatically if and when modified/closed by the copied expert, for whatsoever reason, without providing any further notice and without any action on your part. You should be able and prepared to bear the loss of the entire investment You made in such a copied expert. You are fully responsible for any losses You may sustain as a result of our automatic execution of instructions generated as a result of the utilizing of any of the Social Trading Features. 4.5.6. If You place additional trades in your account or You modify or cancel an order generated by a Social Trading Feature You may achieve a materially different result than the user that You copied. Unopened copied trades in amounts lower than the minimum trade may also result in different results. Cash-out and withdrawal by the copied expert may also generate a materially different result than the user that You copied as it may affect the copying proportions. 4.5.7. Any past performance of our users, risk score, statistics and any other information with respect to users appearing on our websites and applications are not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that risk scores, statistical information and historical performance are not a guarantee of future performance. NO REPRESENTATION OR GUARANTEE IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN AND/OR THAT A RISK SCORE OF A COPIED USER SHALL NOT IN FACT BE HIGHER. When reviewing the Content, portfolio, financial performance information, opinions or advice of another registered user, You should not assume that the user is unbiased, independent or qualified to provide financial information or opinions. COPYME does not guarantee any order including the placing of stop orders such as Copy Stop Loss. Accordingly, regardless of the entry or closing designation, COPYME does not guarantee that the trade will be filled at the order price/stop loss percentage and you may lose more than the original amount used to copy such expert. 4.5.8. PAST PERFORMANCE AND/OR RISK SCORES SHOULD BE CONSIDERED AS HYPOTHETICAL PERFORMANCE RESULTS. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS. NO REPRESENTATION OR GUARANTEE IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THE PAST PERFORMANCE OR RISK SCORE SHOWN. THE ACTUAL PERCENTAGE GAINS/LOSSES EXPERIENCED BY INVESTORS WILL VARY DEPENDING ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO: STARTING ACCOUNT BALANCES (DEPOSITS AND WITHDRAWALS), MARKET BEHAVIOR, MINIMUM TRADE SIZE, THE INVESTOR’S ACCOUNT SETTINGS AND THE ACTUAL PERFORMANCE OF THE COPIED USER. 4.5.9. ACCORDINGLY, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL/PAST PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS. 4.5.10. NO ASPECT OF THE INFORMATION AND/OR SOCIAL TRADING FEATURE PROVIDED AND/OR MADE AVAILABLE ON OUR WEBSITES IS INTENDED TO PROVIDE, OR SHOULD BE CONSTRUED AS PROVIDING, ANY INVESTMENT, TAX OR OTHER FINANCIAL RELATED ADVICE OF ANY KIND. YOU SHOULD NOT CONSIDER ANY SUCH CONTENT AND/OR ANY SUCH FEATURE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL AND/OR INVESTMENT ADVICE. IF YOU CHOOSE TO ENGAGE IN TRANSACTIONS BASED ON CONTENT ON THE WEBSITE AND/OR ELECT TO COPY SPECIFIC EXPERTS AND/OR TRADES, THEN SUCH DECISIONS AND TRANSACTIONS AND ANY CONSEQUENCES FLOWING THEREFROM ARE YOUR SOLE RESPONSIBILITY. WHILE INDIVIDUAL PARTICIPANTS MAY OFFER INVESTMENT ADVICE OR OPINIONS AND/OR EFFECT A TRANSACTION WHICH MAY BE SUBSEQUENTLY COPIED BY OTHER EXPERTS, SUCH ADVICE, OPINIONS OR TRADES AMOUNT TO NOTHING MORE THAN EXCHANGES BETWEEN PERSONS WHO MAY BE ANONYMOUS OR UNIDENTIFIABLE OR SIMPLY THE EXECUTION OF A TRADE BY SUCH EXPERTS. COPYME INC. AND ITS AFFILIATES DO NOT PROVIDE INVESTMENT ADVICE DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY MANNER WHATSOEVER BY MAKING SUCH INFORMATION AND/OR FEATURES AVAILABLE TO YOU. YOU SHOULD USE ANY INFORMATION GATHERED FROM HERE AND/OR UTILIZE THE SOCIAL TRADING FEATURES ONLY AS A STARTING POINT FOR YOUR OWN INDEPENDENT RESEARCH AND INVESTMENT DECISION MAKING. 4.6. Additional Risks and Disclosures Associated with Trading Cryptocurrencies
In addition to and without derogating from the general risk disclosure set forth in Section 4.1, We condition the ability trade in contracts for differences for Cryptocurrencies to those who can actually bear the loss of any money invested and who properly understand the associated risks that are inherent to such financial instruments. This notice cannot disclose all of the risks and other significant aspects of contracts for differences with respect to Cryptocurrencies. In that respect we note as follows: 4.6.2. YOU HEREBY FURTHER ACKNOWLEDGE THAT THE CRYPTOCURRENCIES MARKET IS DECENTRALIZED, NON-REGULATED AND DETERMINED BY DEMAND AND SUPPLY ONLY. THE VALUE OF THE CRYPTOCURRENCIES IS EXTREMELY VOLATILE AND THE PRICE OF CRYPTOCURRENCIES CAN UNPREDICTABLY INCREASE OR DECREASE OVER A SHORT PERIOD OF TIME. ACCORDINGLY, CRYPTOCURRENCIES SHOULD BE SEEN LIKE AS AN EXTREMELY HIGH RISK ASSET AND YOU SHOULD NEVER INVEST FUNDS THAT YOU CANNOT AFFORD TO LOSE IN A CRYPTOCURRENCIES (CFDS OR THE UNDERLYING ASSET). BEFORE EXECUTING A CRYPTOCURRENCIES (CFDS OR THE UNDERLYING ASSET) ORDER PLEASE TAKE INTO ACCOUNT THAT: (I) WE RELY ON OUR UNREGULATED LIQUIDITY PROVIDERS FOR CRYPTOCURRENCIES LIQUIDITY (II) COPYME CURRENTLY ALLOWS TRADING IN CRYPTOCURRENCIES OVER THE WEEKEND AND IT RESERVES THE RIGHT NOT TO DO SO. SHOULD COPYME SO ELECTS, TRADING IN CRYPTOCURRENCIES SHALL BE ALLOWED ONLY FROM MONDAY THROUGH FRIDAY. GIVEN THAT THE CRYPTOCURRENCIES EXCHANGES MAY OPERATE OVER WEEKENDS, THERE MAY BE A SIGNIFICANT DIFFERENCE BETWEEN FRIDAY’S CLOSE AND SUNDAY’S OPEN. ALL SUCH FACTORS MAY RESULT IN YOU EITHER NOT COMPLETING AN ORDER ON A SPECIFIC TRADING DAY OR COMPLETING AN ORDER ON A SUBSTANTIALLY LESS FAVORABLE PRICE.
4.6.3. For more information about risks associated with orders for Cryptocurrencies and the bid/ask prices for such orders see Sections 1.11. and 1.18 above. 4.6.4. In CFD transactions, We act as a counterparty in such transactions conducted on the trading platform and, therefore, act as the buyer when you offer to sell an Instrument and the seller when you offer to buy such instrument. 4.6.5. In CFD transactions, when effecting such transactions, COPYME may or may not acquire the underlying security, Cryptocurrencies or derivative with respect to such underlying security for its own account to cover said transactions. Should COPYME elect to acquire such security, Cryptocurrencies or derivative for its own account, it may or may not exercise or refrain from exercising its rights as a security holder (directly or through one or more intermediaries) without notifying You and without taking Your interests into account. 4.6.6. Dividends, Takeovers and Transformations (including events such as share consolidations/splits, mergers, takeovers, spinoffs, MBO’s, de-listings, etc.). Depending on the circumstances of each event, We will make our best efforts to adjust your Account in respect of a dividend, takeovers and Transformations (including events such as share consolidations/splits, acquisitions, mergers, takeovers, spinoffs, MBO’s, de-listings, etc.) attributable to any specific security, which adjustment shall be calculated by us, net of any taxes which may apply with respect thereto. In doing so we will make our an effort to effect such adjustment on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice and/or taking into account the treatment we may receive from our counterparties or any relevant third party. However, we reserve the rights to close out any open positions at the market price immediately prior to the event taking place. As a result of such event, if the security and/or Cryptocurrency underlying any Instrument becomes subject to an adjustment as the result of a takeover or transformation action, we may determine in our sole discretion (but are not obligated to) the appropriate adjustment to be made to the price or contract quantity as we consider appropriate to account for said event. Such adjustment shall represent the economic equivalent of the rights and obligations of us and you immediately prior to the action. 4.6.7. Delisting and/or non-supported Cryptocurrencies. If at any time any of the Cryptocurrencies that forms the subject of your order is delisted and/or we no longer support the trading in such Cryptocurrencies for any reason, then the applicable order will be immediately closed. If COPYME is notified that a Cryptocurrency you hold in your Account is likely to be delisted and/or removed and/or canceled from any of the exchanges (some of them or all) and COPYME believes that it shall not be able to trade in such Cryptocurrencies, COPYME shall make an effort to sell the Cryptocurrencies on your behalf at such time and price, and in such manner, as it determines. 4.6.8. Operation of Cryptocurrency Protocols and Transformations. COPYME does not own or control the underlying software protocols which govern the operation of Cryptocurrencies available for trading in our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using COPYME’s Services, you acknowledge and agree (i) that COPYME is not responsible for operation of the underlying protocols and that COPYME makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (“Forks
”) and/or other events and/or transformations, and that such forks, transformations and/or other events may materially affect the value, function, and/or even the name of the Cryptocurrency COPYME holds for your benefit. In such an event, you agree that COPYME may temporarily suspend COPYME operations (with or without advance notice to you) and that COPYME may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely and/or the Cryptocurrency resulting from such event. According to our sole discretion we may decide (but for avoidance of any doubt we are not obligated to do so) to adjust your account in respect of a Fork/event depending on the circumstances of each event attributable to any specific Cryptocurrency held by You. Such adjustment shall be calculated by us, net of any taxes which may apply with respect thereto. In doing so we will make an effort to effect such adjustment on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice and/or taking into account the treatment we may receive from our counterparties or any relevant third party. You acknowledge and agree that COPYME assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol and/or the Cryptocurrency resulting from such event. 4.6.9. Insolvency. If an issuer of a security goes into insolvency or is otherwise dissolved, we shall close any such of your open transactions in the relevant CFD and/or in the underlying asset. The closing date shall be the date of insolvency.
- INDEMNIFICATION AND LIMITATION OF LIABILITY
5.1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, BLOGS, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON OUR WEBSITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
5.2. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF OUR WEBSITES OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA OUR WEBSITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE WEBSITE, NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY TRANSACTION OR OTHER FINANCIAL PRODUCT, INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITES WILL BE UNINTERRUPTED, SECURED, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL COMPONENTS.
5.3. IN NO EVENT SHALL WE OR OUR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF COPYME INC. OR ITS AFFILIATES (THE “COPYME PARTIES
“) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF OUR WEBSITES, ANY INFORMATION POSTED ON OUR WEBSITES BY ITS USERS, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON OUR WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. 5.4. IN ANY EVENT, AND NOTWITHSTANDING, THE MAXIMUM LIABILITY THAT YOU MAY CLAIM FROM US FOR ANY REASON SHALL BE NO MORE THAN THE ACTUAL SUM OF MONEY THAT YOU DEPOSITED IN YOUR ACCOUNT FOR THE PURPOSE OF TRADING THAT MAY HAVE BEEN THE BASIS FOR ANY ACCUMULATED LIABILITY THAT YOU INCUR. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- TECHNICAL FEATURES AND REQUIREMENTS
6.1. You acknowledge that the Services and/or the Software are beta versions at the stage of development. Consequentially, the Services and/or the Software are instable and may not work error free. We do not warrant that the functions contained in the Services and/or the Software will meet Your requirements or that the operation of the Services and/or the Software will be uninterrupted or error free. Moreover, We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software and/or the Services including without limitation, the structure, specifications, “look and feel,” navigation, features and other elements of the Software and/or the Services or any part thereof. 6.2. Technical Requirements to Use Our Services.
You must provide and maintain adequate technical means on which You install our software and/or access our Services. These technical means must include at least a personal computer/mobile device/tablet, internet access by any means and telephone or other access line. Access to the internet is an essential feature and You shall be solely responsible for any fees necessary in order to connect to the internet. Furthermore, as You are using your personal computer in order to access our Services You are strictly and solely liable for the integrity and proper storage of any data associated with our Services. By using our Services, You represent and warrant to Us that You have installed and implemented appropriate means of protection relating to the security and integrity of your computer and that You have taken appropriate action to protect your system from computer viruses or other similar harmful or inappropriate materials, devices, information or data. We will not be liable to You in the event that your computer system fails, damages, destroys and/or formats your records and data. Furthermore, if You incur delays and any other form of data integrity problems that are a result of your hardware configuration or mismanagement, We shall not be liable. You further undertake to protect Us from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to our system from your personal computer.
- PROHIBITED TRADING TECHNIQUES
7.1. Circumvention & Reverse Engineering.
You shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that We have applied to our system. If, at our sole discretion, You are in breach of this clause, We may terminate your access to the Service immediately and/or have your account blocked, and COPYME may inform Interested Third Parties of your breach of this clause. We have, and will continue to develop any tools necessary to identify fraudulent or unlawful use of our Service. 7.2. Artificial Intelligence Software.
It is absolutely prohibited to use any software, at our sole discretion, which purpose is to apply any kind of artificial intelligence analysis to our system relating to the use of our Service. In the event that We determine, at our own discretion, that artificial intelligence software has been used We reserve our right to take action as We see fit, including completely blocking access to the Service and/or terminating the user account. COPYME reserves the right to seize any profits and/or revenues generated directly or indirectly by exercising prohibit trading activity as described in this Section 7.
You hereby acknowledge and understand that We do not collect any taxes for any government authority in any form or manner and You further understand that it is your own responsibility to calculate and pay all applicable taxes applicable in your country of residence arising as a result of your trading activity on our Services. Notwithstanding the above and without derogating in any way from your sole, exclusive and personal obligation to pay taxes in your local jurisdiction, You unequivocally agree that We may withhold and deduct any taxes due under applicable law and regulations that may arise from the results of your investment on our system. All amounts extracted from your account are “gross amounts”, from which We may deduct any such taxes if necessary under the applicable law. In such an event, You shall have no claim towards COPYME with regard to any such deductions. 8.3. Termination of these Terms and Conditions
8.3.1. We reserve the right to terminate these Terms and Conditions and your account and registration (including your username and password) in the following cases:
- If for any reason We decide to discontinue to provide the Service, by providing at least a 3 (three) calendar days’ notice (which may be provided by email, facsimile etc.);
- If We believe that You have breached any of the terms of these Terms and Conditions, immediately without notice;
- If your use of the Service has been in any way improper or breaches the spirit of these Terms and Conditions; or
- an issuance if an application, order, resolution or other announcement in relation to the bankruptcy or winding-up proceedings in which You are involved, immediately without notice;
- the death of the user, immediately without notice
8.3.2. You may terminate these Terms and Conditions and your account and registration (including your username and password) at any time by sending an email to such termination to take effect upon COPYME terminating your account and registration (including username and password), which shall occur within 7 calendar days after receipt of your email on our servers, provided that You shall remain responsible for any activity on your account between sending Us an email and the termination of your account by Us. If these Terms and Conditions are terminated for any reason due to suspected misconduct by the user, COPYME reserves the right to withhold any funds in the account until the matter is resolved. Any decision made by COPYME regarding the matter will be final. 8.4. Severability.
If any part of these Terms and Conditions is unlawful, void or determined to be unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 8.5. Modifications to These Terms and Conditions.
No provision of these Terms and Conditions can be amended by You, in any respect, except in a writing by an officer of COPYME that has been confirmed by COPYME’s secretary, and in entering into these Term and Conditions, You have not relied on, or been otherwise induced by, any matter not contained in such writing. For the avoidance of doubt, our customer support department employees are not authorized to amend or to waive the terms of these Terms and Conditions in any respect. We reserve the right to amend, revise, modify, and/or change these Terms and Conditions at any time. 8.6. Assignment.
Subject to applicable regulations, upon notice to You, COPYME may assign these Terms and Conditions and/or any of our rights and/or obligation hereunder to another registered or authorized or unauthorized investment professional. PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS Close Window