When registering for our service all users MUST pass the KYC requirements in order to utilize the exchange.

Welcome | Access and Use of Service | Conditions of Use | Intellectual Property Rights | Third Party Material | User Data | Copyright Complaints | Counter notice | Repeat Infringer Policy | Third Party Websites | Indemnity and Release | Disclaimer of Warranties | Risk Disclosure | Unclaimed Property | Limitation of Liability | Dispute Resolution by Binding Arbitration | Termination | User Disputes | General | Your Privacy

 Welcome to Amplify Exchange!

Amplify Exchange LLC (“Amplify Exchange,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://amplifyexchange.com (the “Site”) and through its applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top the date these terms were last revised. We will also notify you if required by applicable law, either through the Service user interface, in an email notification or through other means. Any such changes will become effective when they are posted or the date contained in the posting or any notice provided. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST AMPLIFY EXCHANGE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using a certain service, you will be subject to any additional terms applicable to such services that may be posted on the Service or Site from time to time, including the Privacy Policy located at https://amplifyexchange.com/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.

If you are registering to use the Service on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf. In addition, references herein to “you” will mean, collectively, you and such legal entity.

 

Access and Use of the Service


Service Description: The Service is designed to facilitate users acquiring, and exchanging

cryptocurrencies, virtual currencies, and tokens (“Digital Currencies”).

Your Registration Obligations: You may be required to register with Amplify Exchange in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration process. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Member Account, Private Key, and Security: You are responsible for maintaining the confidentiality of your account and any private keys associated with your account, if any, and are fully responsible for any and all activities that occur with or under your private keys or account. You agree to immediately notify Amplify Exchange of any unauthorized use of your private keys or account or any other breach of security. Amplify Exchange will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Amplify Exchange reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Amplify Exchange will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Restricted Locations: Amplify Exchange may not make the Service available in all markets and jurisdictions, and may restrict or prohibit use of the Service from certain jurisdictions (“Restricted Locations”). You represent and warrant that you are not located or transacting in, under the control of, or a national or resident of any Restricted Locations or any other country present on the Office of Foreign Asset Control (OFAC) or the Office of Financial Sanctions Implementation (OFSI) list.

General Practices Regarding Use and Storage: You acknowledge that Amplify Exchange may establish general practices and limits concerning use of the Service. We may refuse to process or cancel any pending Digital Currency transaction or impose transaction limits. We cannot reverse a Digital Currency transaction which has been initiated. The Digital Currencies that the Service supports may change from time to time. Under no circumstances should you attempt to use the Service to transact in Digital Currencies that are not supported by us. We assume no responsibility or liability in connection with any attempt to use the Service for Digital Currencies that we do not support.

 

We facilitate Digital Currency transactions you request and we do not guarantee the outcome of any transaction. You should verify all transaction information prior to submitting instructions to us. We reserve the right to delay or not facilitate any Digital Currency transaction for any reason, including if you do not have sufficient Digital Currency to support the transaction or we perceive a risk of fraud, illegal activity or any other risk or reason.

Amplify Exchange does not own or control the underlying protocols or networks which support or execute your transactions. By using the Service, you acknowledge and agree that we are not responsible for the operation of such protocols or networks and we make no guarantee of their functionality, security, operation or execution.

We may limit the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Amplify Exchange’s servers on your behalf. You agree that Amplify Exchange has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Amplify Exchange reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Amplify Exchange reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device, including (1) the ability to upload content to the Service via a mobile device, (2) the ability to browse the Service and the Site from a mobile device and (3) the ability to access certain features through a mobile version of the web-platform (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

 

Conditions of Use Policy

 

Intellectual Property Rights


Service Content, Software and Trademarks: You acknowledge and agree that the Service may

contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Amplify Exchange, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Data (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods except by authorized use through the Amplify Exchange API. If you are blocked by Amplify Exchange from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Amplify Exchange, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Amplify Exchange.

The Amplify Exchange name and logos are trademarks and service marks of Amplify Exchange (collectively the “Amplify Exchange Trademarks”). Other Amplify Exchange, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners that may or may not endorse or be affiliated with or connected to Amplify Exchange. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Amplify Exchange Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Amplify Exchange Trademarks will inure to our exclusive benefit.

 

Third Party Material

Under no circumstances will Amplify Exchange be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Amplify Exchange does not pre-screen content, but that Amplify Exchange and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Amplify Exchange and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Amplify Exchange, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

User Data Transmitted Through the Service

With respect to the data or other materials you transmit through the Service or share with other users or recipients (collectively, “User Data”), you represent and warrant that you own all right, title and interest in and to such User Data. By transmitting any User Data you hereby grant and will grant Amplify Exchange and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Amplify Exchange are non- confidential and Amplify Exchange will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Amplify Exchange may preserve data and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce these Terms of Service; (3) respond to claims that any content violates the rights of third parties; or (4) protect the rights, property, or personal safety of Amplify Exchange, its users and the public. You understand that the technical processing and transmission of the Service, including your data, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Copyright Complaints

 

Counter-Notice

If you believe that your User Data that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright or intellectual property owner, the copyright owner’s agent, or pursuant to the law, to upload and use the data in your User Data, you may send a written counter-notice containing the following information to the Copyright Agent:

    • your physical or electronic signature;

    • identification of the data that has been removed or to which access has been disabled and

      the location at which the content appeared before it was removed or disabled;

    • a statement that you have a good faith belief that the data was removed or disabled as a result of mistake or a misidentification of the content; and

    • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court located within Dublin 2 Ireland and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Copyright Agent, Amplify Exchange will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the data provider, member or user, the removed data may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter- notice, at our sole discretion.

 

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Amplify Exchange has adopted a policy of terminating, in appropriate circumstances and at Amplify Exchange's sole discretion, users who are deemed to be repeat infringers. Amplify Exchange may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Amplify Exchange has no control over such sites and resources and Amplify Exchange is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Amplify Exchange will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Amplify Exchange is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Amplify Exchange and its affiliates and their directors, officers, employees and agents harmless from any and all losses, liabilities, damages, fines, penalties, costs, fees (including reasonable attorneys’ fees), expenses, injuries (including death), claims and actions of any kind arising out of, resulting from or relating to your use of the Service, any User Data, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMPLIFY EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AMPLIFY EXCHANGE MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, RELABLE, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE OR DESIRED, OR (4) THE QUALITY OR VALUE OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OR THINGS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING ANY DIGITAL CURRENCY) WILL MEET YOUR EXPECTATIONS.

 

Risk Disclosure 

 

Unclaimed Property

If for any reason Amplify Exchange is holding funds or value in your account on your behalf, and Amplify Exchange is unable to return your funds or value to you after a period of inactivity, then Amplify Exchange may report and remit such funds in accordance with applicable state unclaimed property laws.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMPLIFY EXCHANGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMPLIFY EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER, ISSUE OR THING RELATING TO THE SERVICE. IN NO EVENT WILL AMPLIFY EXCHANGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF FEES YOU HAVE PAID AMPLIFY EXCHANGE IN THE LAST THREE MONTHS OR, IF GREATER, $100.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

Dispute Resolution By Binding Arbitration

 

Termination

You agree that Amplify Exchange, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Amplify Exchange believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Amplify Exchange may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Amplify Exchange may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Amplify Exchange will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Amplify Exchange will have no liability or responsibility with respect thereto. Amplify Exchange reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Amplify Exchange and govern your use of the Service, superseding any prior agreements between you and Amplify Exchange with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use any service or affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of Ireland without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Amplify Exchange agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Ireland. The failure of Amplify Exchange to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Amplify Exchange, but Amplify Exchange may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via email, regular or overnight mail or other methods used by Amplify Exchange.

Your Privacy

At Amplify Exchange, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

 

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