Terms of Use

Effective as of September 14, 2018

TERMS

These Terms of Use (“Terms of Use”), together with our Privacy Policy (“Policy”) which can be found at www.qrypt.com/privacy, govern your use of the Qrypt Inc. (“us,” “we,” or “Qrypt”) website located at www.qrypt.com (the “Site”).  By accessing or using the Site, you (“you” or the “User”) agree to be bound by these Terms of Use and our Privacy Policy.  If you do not agree to abide by these Terms of Use, you are not authorized to use or access (or continue to use or access) the Site.

Please review the following carefully so that you understand the terms of these Terms of Use.

LICENSE TO USE THIS SITE

You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Site, or any portion of the Site without Qrypt’s prior written consent. Moreover, you may not:

  • use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;

  • attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Qrypt server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means;,

  • probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;

  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Qrypt's systems or networks or any systems or networks connected to the Site;

  • use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site;

  • forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Qrypt on or through the Site; or

  • use the Site in an unlawful manner.

In addition, you agree to abide by all applicable local, state, national laws and regulations with respect to your use of the Site.

USER OBLIGATIONS

The Site is offered and made available only to users 18 years of age or older. If you are not yet 18 years old, discontinue using the Site immediately. By accessing or using the Site, you represent and warrant that you are 18 years of age or older and, if you are under the age of 18, you either of the age of majority in your state, you are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to use the Site.

PROPRIETARY RIGHTS

These Terms of Use provide only a limited license to access and use the Site in accordance with the terms of these Terms of Use.  Accordingly, you hereby agree that Qrypt transfers no ownership or intellectual property interest or title in and to the Site or any Qrypt intellectual property to you or anyone else in connection with your use of the Site.  All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site are exclusively owned, controlled, and/or licensed by Qrypt or its members, parent(s), licensors, or affiliates.  QRYPT, the Qrypt logo, and all other marks are proprietary trademarks of Qrypt Inc., and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of Qrypt is hereby strictly prohibited.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  QRYPT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  QRYPT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE SITE.

LIMITATION OF LIABILITY

You expressly absolve and release Qrypt from any claim of harm resulting from a cause beyond Qrypt's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QRYPT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, FUNCTIONALITY AND MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF QRYPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ENFORCEMENT

You acknowledge that any breach, threatened or actual, of these Terms of Use, including, without limitation, violations or infringement of Qrypt’s intellectual property or proprietary rights, may cause irreparable injury to Qrypt, whereby such injury would not be quantifiable in monetary damages, and Qrypt would not have an adequate remedy at law.  In the event of such injury or potential for such injury you therefore hereby agree that Qrypt shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use.

SECURITY

While Qrypt has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed.  Qrypt is not responsible for the accuracy, reliability, or security of any information transmitted to or from the Site.

GOVERNING LAW

These Terms of Use been made in and will be construed and enforced in accordance with the laws of the New York as applied to agreements entered into and completely performed in New York.  You agree to the personal jurisdiction by and venue in New York, New York and waive any objection to such jurisdiction or venue. Any claim you might have against Qrypt must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  In any legal proceeding brought by Qrypt, Qrypt shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which Qrypt may be entitled. Qrypt makes no representation that the Site are appropriate or available for use in other locations, and access to the Site from states, territories, or nations where any aspect of the Site are illegal is prohibited.  You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site.

MISCELLANEOUS

  • Amendments. Qrypt reserves the right to revise these Terms of Use, and your rights and obligations are at all times subject to the Terms of Use then posted at www.qrypt.com. We will post any updates to these Terms of Use on the Site and notify you of any such updates.  Your continued use of the Site constitutes acceptance.

  • Entire Agreement. These Terms of Use constitute the entire agreement between you and Qrypt regarding use of the Site and will supersede all prior agreements whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms of Use.

  • Severability. If any portion of these Terms of Use is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms of Use, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

  • Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms of Use or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

  • Third-Party Website Disclaimer. Any links to third-party websites from the Site does not imply endorsement by Qrypt of any products, services or information presented therein, nor does Qrypt guarantee the accuracy of the information contained on them. In addition, since Qrypt has no control over the terms of use or privacy practices of third-party websites, you should read and understand those policies carefully.

Contact Information. If you have any questions regarding these Terms of Use and/or the Site, please contact info@qrypt.com