To the extent permitted by law, you and Steaker may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any alleged class, representative,consolidated or multi-claimant proceeding. You and Steaker each waive any right to a jury trial. These Terms of Use are governed and construed in accordance with the laws of Republic of China. For any disputes related to these terms of service, the Taiwan Taipei District Court shall be the court of competent jurisdiction for the first instance.
Steaker Terms of Use
To use the platform (the “Platform”) provided by Steaker Inc. Taiwan Branch ("Steaker"), to purchase certain digital assets, where applicable ("Digital Assets") and certain available services through our website (having its URL at https://steaker.com/, the "Site") (the "Services"), you are agreeing that you will be bound by the following terms and conditions ("Terms of Use") when you access the Site and use the Services. Please review the Agreement carefully and do not register the Account, access the Site, or use the Services if you decide not to agree with the Agreement.
Please note that before using this service, you must carefully read the Steaker Privacy Policy (the "Privacy Policy") and the Steaker Cookie Policy (the "Cookie Policy") If you have any concerns about the Privacy Policy or Cookie Policy, or if you do not accept all applicable terms, please refrain from using Steaker service and confirm with Steaker first. Your agreement with us contains these Terms of Use, the Privacy Policy and the Cookie Policy (together, the “Agreement”) and these Terms of Use, the Privacy Policy and the Cookie Policy constitute an integral part of this Agreement. The Agreement may be changed, amended, or updated by Steaker at any time. Additional terms will be available with the Services, and those additional terms will become part of your Agreement with us if you decide to use the Services. After the effective date of any changes, amendments, or updates, if you do not agree to such subsequent changes, amendments, or updates, you may still access to your records and your balance, but you will no longer be able to use any other Services or this Site.
1.ACCEPTANCE OF AGREEMENT
By accessing or using the Services and this Site by any means (including but not limited to, via devices or services provided by any other third parties), you acknowledge and agree to be bound by the terms and conditions of the Agreement, which may be modified in accordance with Article 12.2 of these Terms of Use.
2.ELIGIBILITY
Under the laws applicable to you to access and use the Services and this Site, it is assumed that you agree to the Agreement and represent and warrant that you:
If you are not qualified as above, please do not access or use the Services and this Site, otherwise you and your parents or legal guardian shall be responsible for all legal and financial responsibility and liabilities resulting therefrom, and Steaker shall have the right to claim against you and your parents or legal guardian for damages caused to Steaker as a result of such access or use. In addition, Steaker shall have the right to suspend, cancel, or terminate your user account and may block transactions or freeze funds under your Account.
3.PRIVACY POLICY AND COOKIE POLICY
Please review our Privacy Policy to learn more about how we collect, process, and use your information. Please also review our Cookie Policy to learn more about how we store, use and access cookies, web beacons, pixels, clear gifs, and other similar technologies.
4. ACCOUNT REGISTRATION AND SECURITY
- a.
provide accurate, current and complete information about you and promptly update such information thereafter to keep it accurate, current and complete;
- b.
maintain the security of your identification;
- c.
accept all risks arising out of inaccurate, outdated or incomplete information.
- (a) to refuse your registration or activation with the Services and this Site;
- (b)to limit the number of Account that a single user may establish or maintain;
- (c)to suspend, restrict, or terminate your access to any or all of the Services and/or this Site when Steaker suspects that you violate the Agreement or you engage in any inappropriate conduct or behavior; and
- (d)deactivate or cancel your Account and remove all content available on or through this Site (collectively, the “Content”), including but not limited to those posted, uploaded, shared, submitted or made by you, other users of Services and this Site or Steaker ) submitted under the Account without prior notice and at our sole discretion if (i) any information provided during the registration process or later is inaccurate, not current or incomplete; (ii) activities or actions under your Account is alleged to be infringing the Agreement or other agreements between you and Steaker or falling under Prohibited Use set forth herein; (iii) a dispute has arisen between you and Steaker that remains pending in a legal or judicial proceeding; or (iv) activities or actions under your Account is alleged to be infringing our Anti-Fraud, Anti-Money Laundering and Counter Terrorist Policies or applicable law.
5.ANTI-FRAUD, ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST
Steaker and its Affiliates implement certain Anti-fraud, Anti-Money Laundering and Counter-Terrorist policies and procedures (“Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies”). Therefore, Steaker and its Affiliates insist on a comprehensive and thorough customer due diligence process, implementation, ongoing analysis, and reporting. This includes monitoring of suspicious transactions and compulsory or voluntary reporting to regulators. It is necessary for Steaker to keep certain information and documentation in file in accordance to applicable laws and policies and to fulfill contractual obligations to third parties; Steaker hereby expressly reserves the right to keep such information and documentation and to disclose such information and documents to government authorities. Also, for the purpose of the Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies, Steaker reserves the right to determine, in its sole discretion, the appropriate verification level and criteria and the right to downgrade Users without prior notice, and may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor, whether or not due to change in laws and regulations.
6.RISK STATEMENT
You agree that you fully understand the risks involved in trading of Digital Assets, and you take solely personal responsibility for checking the legal status and requirements of related authorities. The risks include, but are not limited to, the followings:
Whether you are suitable to engage in the purchase or sale of Digital Assets will depend on your personal financial situation and tolerance for risk. By using the Services and this Site, you agree that you demonstrate full awareness of the related risks and considerations and waive any and all claims against Steaker and its Affiliates for all losses or damages that may arise from your purchase or sale of Digital Assets.
7.OWNERSHIP; GRANT; RESTRICTIONS ON GRANT
- a.
copy, imitate, develop or reproduce the Services, this Site, or the Content, including but not limited to: the model, design, interface, appearance and layout;
- b.
create any derivative works of any Services, this Site, or the Content, including without limitation the model, design, interface, appearance and layout;
- c.
reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any part of the Services and this Site;
- d.
disseminate malicious software, programs, virus, worm or in any other manners that destroys or crashes the Services and this Site;
- e.
distribute, transfer, sell, rent, lease, sublicense, or grant your Account to any other third party;
- f.
copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part;
- g.
remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in the Services and this Site;
- h.
use, access or tamper with non-public areas of the Services and this Site, Steaker’s computer systems, or the technical delivery systems of Steaker’s providers;
- i.
probe, scan, or test the vulnerability of any Steaker system or network or breach or circumvent any security or authentication measures;
- j.
access or search the Services and this Site or download Content from Services and this Site by any means (automated or otherwise) other than through the currently available interfaces that are provided by Steaker (and only pursuant to those terms and conditions) or other generally available third party web browsers;
- k.
forge any [TCP/IP] packet header or any part of the header information in any email or posting, or in any way use the Services and this Site to send altered, deceptive, or false source-identifying information;
- l.
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Steaker or any of Steaker’s providers or any other third party (including another user) to protect the Services and this Site or Content; or
- m.
interfere with or disrupt (or attempt to do so) the operation of the Services and this Site, the access of any user, host or network by any means or interfere with or create an undue burden on the Services and this Site.。
8.MEMBER CONDUCT
- a.
upload, post, transmit, distribute or otherwise make available any Content that is illegal, offensive, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- b.
promote discrimination, racism, hatred, harassment or harm against any person or group;
- c.
impersonate any other third party or falsely state or otherwise misrepresent your affiliation with any other third party;
- d.
upload, post, transmit, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- e.
upload, post, transmit, distribute or otherwise make available any Content that violates any patent, trademark, trade secret, copyright, or other proprietary rights of any other third party;
- f.
upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, or any other form of solicitation;
- g.
upload, post, transmit, disseminate or otherwise make available any material containing software viruses, malicious software, programs, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- h.
disobey, violate or disregard, to the extent applicable to you, any code of conducts, requirements, procedures, policies, or regulations of the Services and this Site;
- i.
intentionally or unintentionally violate or encourage any conduct that would violate any applicable local, state, national or international law;
- j.
promote, encourage or engage in terrorism violence or financial contribution to terrorism;
- k.
stalk or otherwise harass other users of the Services and this Site;
- l.
collect or store personal data about other users of the Services and this Site without their prior express consent or permission; and
- m.
encourage, enable, or assist any other third party to do any of the foregoing.
- a.
comply with legal process;
- b.
enforce or administer the Agreement or other agreements between you and Steaker, including but not limited to an investigation into any potential violation of these Terms of Use, the Privacy Policy or the Cookie Policy or association with any Prohibited Use;
- c.
comply with the request from law enforcement, tax authority or any other government bodies;
- d.
respond to your requests for customer service;
- e.
detect, prevent, or otherwise address fraud, security or technical issues;
- f.
protect the rights, property or personal safety of Steaker, the users of Services and this Site, and the public.
9.LINKS TO OTHER WEBSITES
10.DISCLAIMER AND LIABILITY
11.INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify and hold Steaker, its parent corporation, officers, directors, employees and agents harmless, from and against any and all claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising from: (a) your violation of laws, regulations, and the Agreement; (b) your use and misuse of the Services and the Platform; (c) dispute with any other user of Steaker or this Site; or (d) your violation of any third-party right, including but not limited to any intellectual property, confidential information or privacy right. This defense and indemnification obligations shall survive the termination or expiry of the Agreement or your use of the Services and this Site.
12.GENERAL PROVISIONS
Steaker reserves the right, at its sole discretion, to modify, discontinue or terminate the Services and this Site or to amend this Agreement, at any time and without prior notice. If a revision significantly reduces your rights, we will notify you (by, for instance, posting on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Agreement.
The Agreement constitutes the entire understanding between you and Steaker and governs your use of Services and this Site and any prior or contemporary representations, whether oral or written are hereby superseded.
Unless otherwise stated herein, you may not assign any of your rights under the Agreement, and any such attempt will be void. Steaker may assign or transfer its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services at its sole discretion, without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Steaker's failure to enforce a provision is not a waiver of its right to do so later. In case any one or more of the provisions contained in the Agreement is for any reason held to be invalid or unenforceable in any respect, the remaining provisions of the Agreement and the remaining portion of any provision held invalid or unenforceable in part shall continue in full force and effect.
In the event that Steaker is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control
All representations, warranties, covenants and agreements of the Agreement which by their nature extend beyond the expiry or termination of the Agreement, including, without limitation, articles relating to suspension or termination shall survive the termination or expiry of the Agreement
Steaker shall have no obligation to perform the Services if its failure to do so is caused by or results from any act of God, governmental action, terrorists, civil disturbance, war, strike or other labor dispute, natural disaster or Internet services or network service providers, failure of equipment and/or software, rapid price fluctuation of any given supported Digital Assets, or any other cause or circumstance, whether similar or dissimilar to the aforementioned causes or circumstances, beyond the reasonable control of Steaker.
13.CONTACTING Steaker
If you have any questions about the Agreement (including these Terms of Use), please contact Steaker through: hello@steaker.com
Effective2021/12/15