EMPIRE CRYPTO TRADING
Effective date: 15 February 2023
Last updated: 19 May 2023
Empire Crypto Trading is a cryptocurrency trading and educational social media platform which provides a safe learning environment for traders with a range of experience levels, and facilitates access to information, coaching, and a network of like-minded individuals.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Empire Trading Group ( “Empire”, “we”, “us”, or “our”) concerning your access to and use of the Empire Crypto Trading website and services https://empirecryptotrading.com/, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Empire Platform”).
As an authorized affiliate (Affiliate) of Empire Crypto Trading (Empire), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Empire as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Empire by your own website or personal referrals.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
- Our services are only available to you upon acceptance of these terms and conditions. By using the services, you agree that you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree and/or accept all of these terms and conditions of use, then you are expressly prohibited from using our services and you must discontinue use immediately.
- By signing up for the Empire Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
CHANGES TO THESE TERMS AND CONDITIONS
- Supplemental terms and conditions or documents that may be posted on Empire Crypto Trading platforms or websites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
APPROVAL OR REJECTION OF THE APPLICATION
- Empire reserves the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion, and by making an application or participating in the Empire Affiliate Program you agree and accept that you will have no legal recourse against us whatsoever for the rejection of your Affiliate Program Application.
- Affiliates must maintain a continuous membership with Empire to receive commission fee entitlements.
- Continuous membership consists of an Affiliate holding a membership for the entirety of the billing period.
- The billing period is defined in the Empire Affiliate Fee Page https://platform.empirecryptotrading.com/affiliate-dashboard/?action=home
- In the event an Affiliate is late on membership payment, any commission entitlement shall be forfeited for the current and previous billing period.
- Commissions will be paid once a month to Affiliates who have referred Active Accounts. An active account is defined as an account that remains active for a minimum of 37 days. Commissions will only be paid on accounts that remain active for at least the entirety of this period.
- No participant in the Empire Affiliate Program may refer themselves. Any attempts to do so may result in the disqualification of the Affiliate from the program. Furthermore, no commission will be received for a referral of an Affiliate’s own accounts.
- There is a limit of one commission per referral. If a user clicks the Affiliate’s link and orders multiple accounts, the Affiliate will only receive a commission on the first order. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
- Information on the specific commissions rates, the Affiliate rewards per user referred, and further details on the scope of commissions payable are detailed at the web page https://platform.empirecryptotrading.com/affiliate-dashboard/?action=home. This web page shall serve as the authoritative reference point for all matters related to commission payments to Affiliates, and any changes thereto shall be updated and reflected therein. It is the responsibility of each Affiliate to regularly review and familiarize themselves with the commission terms and conditions as detailed on that web page, and any failure to do so shall not absolve them of their obligations and responsibilities as outlined therein.
- Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
a. Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
b. Spamming (mass email, mass newsgroup posting, etc.).
c. Advertising on sites containing or promoting illegal activities.
d. Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
e. Violation of intellectual property rights. Empire reserves the right to require license agreements from those who employ trademarks of Empire in order to protect our intellectual property rights.
f. Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Empire, however, is acceptable.
g. Self referrals, fraudulent transactions, suspected Affiliate fraud.
- In addition to the foregoing, Empire reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
- You may use graphic and text links both on your website and within in your email messages. You may also advertise the Empire site in online and offline classified ads, magazines, and newspapers.
- You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Section 5 (Termination).
COUPON AND DEAL SITES
- Empire occasionally offers coupons to selected Affiliates and newsletter subscribers. Promotion of these coupons is only permitted to pre-approved/assigned branded coupon Affiliates. Any Affiliate considering promoting our products in relation to a deal or coupon must adhere to the following terms:
- Affiliates must not use misleading text on affiliate links, buttons or images to imply anything besides currently authorized deals to the specific Affiliate.
- Affiliates must not bid on Empire Coupons, Empire Discounts, or use any phrases or advertising material which implies that coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site www.empirecryptotrading.com.
- Affiliates must ensure that users are able to see coupon/deal/savings information and details before an affiliate cookie is set. Empire prohibits Affiliates from using advertising or promotional material which induces a user to click on a link and activate an affiliate cookie in order to view coupon/deal/savings options, or before these options are presented to the user. (i.e. material which reads to the effect of “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not include material which induces a user to click through to the merchant website or set a cookie, such as “Click for deals/coupons”, “Click to view deals/coupons”, or any variation, when there are no coupons or deals available. Affiliates with such text on the merchant landing page will be removed from the program immediately.
PAY PER CLICK (PPC) POLICY
- PPC (Pay-Per-Click) bidding on any of Empire’s services or products is strictly prohibited unless prior written permission is obtained from us. By bidding on any of our services or products without our prior written consent, you acknowledge that you are in violation of our terms and conditions.
- To request permission to engage in PPC bidding, please contact us in writing and provide details of the services or products that you intend to bid on, the search terms or keywords that you plan to use, and the platforms or networks that you intend to advertise on.
- We reserve the right to deny permission to engage in PPC bidding at our sole discretion, and we may revoke any permission granted at any time without notice.
- Empire will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
- We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Empire. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
TERM OF THE AGREEMENT
- The term of this Agreement begins upon your acceptance of the Program and will end when your Affiliate account is terminated.
- The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
- The Affiliate shall indemnify and hold harmless Empire and its associated and subsidiary companies, officers, directors, employees, Platforms, successors and assigns, including those licensed or authorized by Empire to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of the Affiliate.
GOVERNING LAW, JURISDICTION, AND ATTORNEY FEES
- This Agreement shall be governed by and construed in accordance with Australian law. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Australia. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
ELECTRONIC SIGNATURES EFFECTIVE
- The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Empire affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Empire application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
SEVERABILITY AND WAIVER
- Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
- The failure of Empire Trading Group to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of their rights to do so.
- Empire may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party, unless in connection with the transfer of the Tokens.
- Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and Empire Trading Group.
- Empire will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Empire’s reasonable control.
- Should there be a dispute with us that is connected to your participation in the Empire Affiliate Program, you may contact us, and our team will endeavour to resolve any existing issues. However, in the event a dispute needs to be resolved by a court, the courts of Australia shall judge and resolve the matter.
Your use of our Platform
- Our Platform is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use our Platform.
- Our Platform’s available functions, features, and additional applications may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or carrier.
- You further acknowledge that we may update, revise, amend, modify, add to, or delete certain parts of these Terms at our discretion from time to time. Such amendments, modifications, additions, or deletions apply to your use of our website as soon as they are displayed on our Platform. All activities and transactions performed by you using our Platform in any manner will be subject to the latest version of these Terms. The Terms published on the date you view them on our Platform supersede all prior versions.
- By accessing and using our Platform, you represent that blockchain technology including non-fungible tokens and cryptocurrency is immutable in nature (this means transaction entered into are irreversible, final, and non-refundable) and you understand the inherent risks when using cryptographic and blockchain based technology, which can lead to a significant loss of digital and financial assets due to fluctuation of prices or significant price slippage.
- You further understand that the markets for blockchain related assets are highly volatile due to factors including adoption, speculation, technology, security, and regulation. You acknowledge and accept that the transaction cost and speed (such as gas fees) are variable and may increase dramatically at any time. You further acknowledge that you are solely responsible for these variables and risks and that we cannot be held liable for any resulting losses that you experience while transacting with our Platform.
- You understand that blockchains (and all other networks with which our Platform may be compatible) remain under development, which creates technological and security risks when transacting with our Platform.
- If you breach these Terms or engage in any of the Prohibited Activities, your use of our Platform may be suspended or terminated immediately without notice.
- We may provide patches, updates, or upgrades (Updates) to our Platform, services, products, and codebases, and you must ensure you are using the latest version of our Platform to access all its features. We may also update our Platform remotely without notifying you, and you hereby consent to us applying updates during which your access to our Platform may be limited or suspended temporarily.
- When using our Platform, you must respect the intellectual property rights of Empire Trading Group.
- We grant you a non-exclusive, revocable, non-transferrable licence to use our Platform for the sole purpose of accessing and using our Platform.
- All information, graphics, data, media, audio, video, and any other material (Platform Content) displayed on or available on our Platform, and all the underlying source code and software, including all trademarks, registered or not, product names, logos and company names mentioned on our Platform, are owned or used under license by us and are protected under the relevant intellectual property laws.
- Any third-party marks, logos, names, and copyrightable material are displayed under licence or with permission from the respective owners and shall remain the property of their respective owners.
- Your unauthorised use of our Platform Content may violate copyright, trademark infringements, and any such use may result in your personal liability.
- If you believe that our intellectual property rights have been infringed or if you become aware of any suspected or actual infringement or any unauthorised use of the intellectual property related to Empire Trading Group and/or our Platform Content, you must notify us immediately.
- You must provide all assistance and documents required or requested by us in relation to any proceedings that we may bring against any such person for infringement specified above.
- If we have received a notification against you of copyright infringement, we will give you an opportunity to supply a counter-notification in writing addressing the notification. You accept that you will be liable for damages if you materially misrepresent that the notification against you is inaccurate. Your access to our Platform may be temporarily disabled during the course of investigating a copyright infringement allegation against you. We may, at our sole discretion and as we deem appropriate, disable or terminate your access to our Platform immediately and indefinitely, if you infringe copyrights or intellectual property rights of others.
- We reserve our rights to claim against you any damages, losses, costs, or expenses (including reasonable legal fees) resulting from or arising out of your copyright infringement.
- By accessing and/or using our Platform, you represent and warrant that:
(a) you are a bona fide user of our Platform;
(b) you fully understand the risks associated with blockchain and digital assets, as well as the mechanics related to the use of digital assets (including with respect to their storage and exchange);
(c) you have experience transacting with digital assets, as well as dealing with blockchain-based infrastructures and services;
(d) you will not use our Platform in connection with any of the Prohibited Activities as listed in these Terms;
(e) you understand that digital assets and blockchain are extremely volatile and shift quickly in terms of, among others, liquidity, market depth and other characteristics. There is no guarantee against losses for accessing and/or using our Platform; and
(f) you are not entering into transactions that are above your financial abilities and that you are aware of the risks related to digital assets for which you are solely responsible and liable for.
- If you fail, or we suspect that you have failed, to comply with any provisions of these representations, without limiting our other rights and remedies, all of which are expressly reserved, we, in our sole discretion and without notice to you, may:
(a) terminate your use of our Platform;
(b) if we deem necessary, preclude you from future access of our Platform; and
(c) terminate any licenses granted hereunder.
- We reserve the right to display advertisements on our Platform. We may allow advertisers to display their advertisements and other information in certain areas of our Platform, including sidebars, pop-ups, and banners. Advertisers are not and are not to be taken to be in a partnership, joint venture, employment, agent, or fiduciary relationship with us or Empire Trading Group.
TERMINATION OF USE
- You may terminate these Terms at any time by deactivating your Account and terminating your use of our Platform. If you resume use and/or access the features of our Platform, these Terms will apply to you.
- You agree that we, in our sole discretion, may terminate these Terms or suspend and/or terminate your use of our Platform without the provision of prior notice.
- If we terminate these Terms or suspend or terminate your access to or use of our Platform due to your breach of these Terms, or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any prohibited activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
- We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of our Platform. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using our Platform.
- Upon any termination of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on our Platform, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
- Our Platform is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. We disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
- Without limiting the above disclaimer, we do not represent, warrant, or guarantee that our Platform, including but not limited to the content made available through our Platform and services and any content you or any other user provides, any websites, social media or any other resource linked to our Platform:
(a) will operate in an uninterrupted, timely, secure or error-free manner;
(b) will always be available or free from all harmful components or errors;
(c) will be secure or immune from unauthorised access;
(d) will be accurate, complete, or reliable; and
(e) will be satisfactory to you.
- We take no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of our Platform, including, without limitation, to any of the following:
(a) delays, interruption or loss of services;
(b) technical failure, malfunction or shutdown;
(c) server failure, hacks or unavailability;
(d) data loss;
(e) security breach;
(f) corrupted data on our Platform;
(g) failure to update or provide correct information;
(h) “phishing” or other mobile application impersonating as our Platform or Empire Trading Group;
(i) stolen, lost, or unauthorised use of your means of authorization; and
(j) loss of business or goodwill.
- In no event will we, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of our Platform, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not we were advised of the possibility of such damages. This limitation also applies to any claim you may bring against any other party to the extent that we would be required to indemnify that party for such claim.
- Neither party will be liable to the other party for any loss of anticipated profits or revenue arising from these Terms or the use of our Platform.
- The limitation of liability set out above shall not be applicable in case of loss or damages caused by us or any of its employees by intentional misconduct or gross negligence.
- If you have a dispute with us or are dissatisfied with our Platform, termination of your use of our Platform is your sole remedy. We have no other obligation, liability, or responsibility to you.
- To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify us, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable legal fees) resulting from or arising out of:
(a) your alleged or actual breach of these Terms, including, without limitation, your express representations and warranties;
(b) your alleged or actual use or misuse of our Platform or by any person that you allow to use our Platform on your behalf; or
(c) your alleged or actual infringement or violation of any laws or of the rights of a third party.
- We may make available certain services, connecting devices, websites, and software from third-party service providers (Third-Party Providers), provided and powered by third-party providers, that will enable you to directly communicate with such provider’s content, devices, and/or software. The Third-Party Providers are independent of us, and we do not furnish any of the Third-Party Services, but rather offers a platform on which you may interact directly with the Third-Party Providers.
- We may allow you to access a third-party payment gateway from our Platform and that any financial transaction where you elect to pay for a product via a third-party is solely facilitated by that third-party. If you opt to use the services provided by Third-Party Providers, you must abide by their terms and conditions.
- We do not evaluate, recommend, endorse, or check the credentials of any Third-Party Providers, nor do we protect, monitor, or otherwise have access to any information you share with Third-Party Providers.
- Any purchase you make through Third-Party Providers will be through their websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the respective third-party.
- You hereby acknowledge and agree that any Third-Party Providers are being provided to you by the Third-Party Providers and not by us. We are not responsible for the accuracy, reliability, timeliness, and completeness of information contained in any Third-Party Providers, or for the security or safety of using them.
- You agree to use Third-Party Services at your own risk. You agree to indemnify Empire Trading Group from all liability in relation to Third-Party Services. We accept no liability arising from transactions or services facilitated by any Third-Party Provider.
- Governing Law. These Terms, and your use of our Platform, are governed by and constructed in accordance with the laws of the State of Victoria, Australia, and the Courts of Victoria will have non-exclusive jurisdiction over disputes relating to our Platform or Terms.
- Severability. Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
- No waiver. Our failure to exercise or enforce at any time, any of the rights or provisions of these Terms, or the failure by us to require at any time performance by you of any of the provisions of these Terms, shall in no way be considered as a present or future waiver of such provisions, nor in any way affect our rights to do so.
- Assignment. We may assign these Terms and/or delegate any of our obligations hereunder, in whole or in part. You cannot assign or otherwise transfer the benefit of these Terms or any part of them, nor transfer or sub-license your rights under these Terms to any other entity, without our prior written approval, which may be withheld in our absolute discretion.
- Force Majeure. We will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government, pandemics, or any other cause beyond our reasonable control.
Prohibited Activities include:
- terrorist financing, money laundering, or illegal gambling;
- distributing or funding drugs and drug paraphernalia;
- malicious hacking, including payments for ransomware;
- any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;
- knowingly or recklessly providing us with inaccurate or incomplete information through the platform;
- reverse engineering, disassembling, deciphering, decompiling, deriving the source code of, modifying, adapting, capturing, reproducing, selling, licensing, republishing, editing, exploiting, circumventing, or otherwise attempting to construct, copy, or replicate Empire’s software, source code, formulas, or processes, in whole or in part, as well as the encouraging and assisting of any other person to do any of the foregoing;
- interfering with the security or the safe use of our Platform by others (including, without limitation, by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the website or its users);
- using our Platform for any purpose which infringes the intellectual property rights or other rights of any person (including us);
- knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on our Platform or any products or service of Empire Trading Group;
- using our Platform or the information contained on any associated platform for any revenue-generation endeavours or commercial purposes, including those which are competitive to our Platform or our business, or which would otherwise be detrimental or prejudicial to our interests in any way;
- using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to our Platform or which may otherwise place an unreasonable load on the infrastructure of our Platform;
- publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’, or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
- collecting, harvesting, or storing personal data about other users of our Platform, or doing anything else which may interfere with or negatively affect the operation of our Platform or other users;
- systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- using our Platform to advertise or offer to sell goods and services;
- engaging in unauthorised framing of or linking to our Platform;
- defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
- improperly using our support services or submitting false reports of abuse or misconduct;
- engaging in any automated use of our Platform, such as using scripts to send comments or messages, or using any data mining tools, robots, spiders, scripts, or similar data gathering and extraction tools to extract, download, index, create multiple accounts for, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any of the features, functions, or parts of our Platform;
- interfering with, disrupting, or creating an undue burden on our Platform or the networks or services connected to our Platform;
- using any information obtained from our Platform in order to harass, abuse, or harm another person;
- attempting to bypass any measures of the site designed to prevent or restrict access to our Platform, or any portion of it;
- harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of our Platform to you;
- deleting copyright or other proprietary rights notice from any content from or derived from our Platform;
- uploading or transmitting (or attempting to upload or to transmit) viruses, trojan horses, time bombs, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Platform or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Platform;
- uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies, or other similar devices;
- except as may be the result of standard search engines or internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorised script or other software;
- disparaging, tarnishing, or otherwise harming, us and/or our Platform, such harm which is assessed and judged at our sole discretion and opinion; and
- using the site in a manner inconsistent with any applicable laws or regulations.