Please read the following Terms of Service between the user (the “User”, “you” and “your”) and Fram Farm Inc., a BVI business company registered in the British Virgin Islands with company number 2138445 and registered office at Trinity Chambers, PO Box 4301, Road Town, Tortola, VG1110, British Virgin Islands (“F2Pool”, “we” and “us”) (hereinafter referred to as “Terms”) carefully, especially the contents noted in bold. If you click the “sign up” button or view or use the Site (as defined below), mobile application and software and related services provided by F2Pool, including, but not limited to, crypto currency mining pool services (the “Services”), it will be deemed that you have read and agreed to these Terms and any additional terms and conditions herein. If you do not accept these Terms, please refrain from viewing or using the Services. F2Pool shall reserve the right to change or update the Services and the Terms at any time, in its sole discretion, including, but not limited to, any policies or rules. We will, in our sole discretion, update and post revised Terms on the website located at f2pool.com (the “Site”), and list the date of the latest update to these Terms on this Site and/or send other communications or notifications to the contact email which the User has provided, or by any other methods we elect to use. It is important that you review these Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. Any revision to the Terms will be deemed effective from when F2Pool launches the relevant update to the Site revising the Terms. If you do not agree to be bound by the changes to the Terms, you may not access or use the Services anymore. Failure to abide by these Terms may result in your immediate suspension of rights to use and access the Services. These Term shall also apply if you sign into another related protocol or product provided by F2Pool.
NOTICE ON PROHIBITED USE - RESTRICTED PERSONS: THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY PERSONS OR ENTITIES WHO: (A) RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY STATE, COUNTRY OR OTHER JURISDICTION THAT IS DESIGNATED BY THE U.S. SECRETARY OF STATE AS A COUNTRY SUPPORTING INTERNATIONAL TERRORISM, OR THAT IS SUBJECT TO ECONOMIC SANCTIONS SUCH THAT U.S. NATIONALS CANNOT LAWFULLY ENGAGE IN TRANSACTIONS AS DESIGNATED BY THE OFFICE OF FOREIGN ASSETS CONTROL (OFAC), OR THAT IS SUBJECT TO UNITED KINGDOM SANCTIONS (AS EXTENDED TO THE BRITISH VIRGIN ISLANDS) (EACH SUCH JURISDICTION, A “RESTRICTED JURISDICTION”); OR (B) LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS, BLOCKED PERSONS LIST, OR ANY OTHER CONSOLIDATED PROHIBITED PERSONS LIST AS DETERMINED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY INCLUDING THE UNITED KINGDOM SANCTIONS LIST (AS EXTENDED TO THE BRITISH VIRGIN ISLANDS) (EACH SUCH PERSON OR ENTITY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, YOU ARE NOT PERMITTED TO, AND DO NOT ATTEMPT TO, USE THE SERVICES. USE OF A SCHEME OR MEAN (E.G., A VIRTUAL PRIVATE NETWORK), WHETHER DIRECT OR INDIRECT, THAT IS INTENDED OR REASONABLY LIKELY TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
NOTICE: YOU AGREE THAT DISPUTES REGARDING THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent and warrant, that you (i) you are of legal age to enter into these Terms; (ii) you have the authority to enter into these Terms; (iii) you do not intend to use the Services for any purpose that would be in violation of applicable laws and regulations; (iv) your use of the Services does not violate any applicable laws and regulations; (v) you are in compliance with any anti-money laundering obligations under the law of your jurisdiction or otherwise applicable to you; (vi) you have not been convicted of a criminal offence involving theft, dishonesty, breach of trust, money laundering, the illegal manufacture, sale, distribution of or trafficking in controlled substances, or substantially equivalent activity in a domestic, military, or foreign court; and (vii) you are not a Restricted Person and you are not engaged in any dealings or transactions with any Restricted Persons. We have the right to permanently terminate or suspend your F2Pool User account (“F2Pool Account”) if you violate these Terms.
When you have completed all of the F2Pool Account registration steps and click “accept” to indicate your acceptance of these Terms, or when you use or access the Services by any other methods that we permit, you will be deemed to have agreed and accepted these Terms and you shall be bound by these Terms. You can use an email address, phone number or any other methods we permit to sign into your F2Pool Account.
After registering and activating your F2Pool Account, you agree and acknowledge that you shall be solely responsible for providing accurate and complete User contact information in respect of your F2Pool Account (“User Contact Information”). If we have reason to suspect that you have provided User Contact Information that is erroneous, inaccurate, out of date or incomplete, we may request that you amend your User Contact Information and your failure to respond to such request may result in immediate suspension of your rights to use and access the Services. User bears sole responsibility for ensuring that the User Contact Information is accurate and up to date.
You agree that you will not (and will not authorize, permit, or encourage any third party to): (i) attempt to gain unauthorized access to your F2Pool Account or the F2Pool Accounts of other Users of the Services; (ii) attempt to gain unauthorized access to the information of other Users of the Services or use the information of other Users of the Services; (iii) use the Services in violation of any applicable law; (iv) use the Services to harass or harm any other user or other person in any way; (v) use the Services to build a competitive product or service, or for any purpose not specifically permitted in these Terms; (vi) interfere with or disrupt the Services; (vii) attempt to circumvent any security measure associated with the Services, access the Services from any location in which it is not offered, or attempt to circumvent any access restrictions; (viii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or any other aspect of the Services; (ix) modify, adapt, or create (or attempt to create) derivative works from the Services; (x) make any copies of the Services (or any portion thereof); (xi) resell, distribute, or sublicense the Services; (xii) remove or modify any proprietary marking or restrictive legends placed on the Services; or (xiv) introduce, post, upload, transmit, or otherwise make available to or from the Services any Prohibited Content. For the purposes of these Terms, “Prohibited Content” means content that: (i) is illegal under applicable law; (ii) violates any third party’s intellectual property rights, including, without limitation, copyrights, trademarks, patents, and trade secrets; (iii) contains indecent or obscene material; (iv) contains libelous, slanderous, or defamatory material, or material constituting an invasion of privacy or misappropriation of publicity rights; (v) promotes unlawful or illegal goods, services, or activities; (vi) contains false, misleading, or deceptive statements, depictions, or sales practices; or (vii) contains viruses, Trojan horses, worms, or any other harmful, malicious, or hidden procedures, routines, mechanisms, or code.
1. You may use the Services only if you are 18 years or older and capable of forming a binding contract with F2Pool, and not otherwise barred from using the Services under these Terms or applicable law.
2. During the term of these Terms, we will provide you access to and use of the Services, which shall be accessible through the internet. Your right to access and use the Services hereunder is limited, non-transferable, non-sublicensable and subject to your full compliance with these Terms.
3. By using the Services, you represent and warrant that you are not a Restricted Person and do not reside in a Restricted Jurisdiction. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
4. You are solely responsible for the payment of any applicable taxes arising with respect to rewards, assets or payments you claim and receive in connection with your use of the Services (“Rewards”). Neither F2Pool nor any of its agents or affiliates is responsible for any advice or guidance with respect to the tax obligations of the User. The tax characterization of the transactions contemplated by these Terms under the laws of certain countries may be unclear. You are strongly encouraged to seek advice from your own tax advisor to discuss the potential tax consequences arising from your use of the Services.
1. You agree not to do any of the following:
(a) Use, display, mirror or frame the Services or any individual element within the Services, F2Pool’s name, any F2Pool trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without F2Pool’s express written consent;
(b) Access, tamper with, or use non-public areas of the Services, F2Pool’s computer systems, or the technical delivery systems of F2Pool’s providers;
(c) Attempt to probe, scan or test the vulnerability of any F2Pool system or network or breach any security or authentication measures;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by F2Pool or any of F2Pool’s providers or any other third party (including another User) to protect the Services;
(e) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by F2Pool or other generally available third-party web browsers;
(f) Use the Services, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
(g) Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(h) Collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
(i) Impersonate or misrepresent your affiliation with any person or entity;
(j) Infringe or violate the intellectual property rights or any other rights of anyone else (including F2Pool) or attempt to decompile, disassemble, or reverse engineer any of the software used to provide the Services;
(k) Violate any applicable law or regulation; or
(l) Encourage or enable any other individual to do any of the foregoing.
F2Pool is not obligated to monitor access to or use of the Services. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Services or content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.
2. F2Pool does not provide Services to individuals or entities located in Restricted Jurisdictions. As of the date of these terms, Restricted Jurisdictions includes Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, and any other jurisdiction that is identified as sanctioned by OFAC and the United Kingdom, which can be found on the OFAC website at http://www.treas.gov/offices/enforcement/ofac/ and the United Kingdom government’s website at https://www.gov.uk/government/publications/the-uk-sanctions-list. By accessing and using F2Pool Services, you represent and warrant that: (a) you are not located in, established in, or are a resident of any of the above-indicated Restricted Jurisdictions; (b) you are not a party with which F2Pools is prohibited to deal under the laws of the United States or BVI; and (c) your use of the services shall not be in violation of applicable U.S. federal or state or non-U.S. laws or regulations, including, without limitation, anti-money laundering, economic sanctions, anti-bribery or anti-boycott laws or regulations, the Patriot Act, or the various statutes, regulations and executive orders administered by OFAC or United Kingdom sanctions applicable in BVI (“AML/Sanctions Laws”). F2Pool maintains the right to restrict or deny access to the Services in certain countries at its sole discretion, including, but not limited to, conducting IP address detection, geoblocking and address verification measures (“KYC/Screening Measures”);. If F2Pool determines (in its sole discretion) that the User is a resident of Restricted Jurisdictions, F2Pool may have the User’s F2Pool Accounts frozen or terminated.
3. User will provide to F2Pool any information that the F2Pool from time to time determines to be necessary or appropriate (i) to comply with AML/Sanctions Laws or any similar laws and regulations of any applicable jurisdiction and (ii) to respond to requests for information concerning the identity and/ or source of funds of the User from any governmental authority, self-regulatory organization or financial institution in connection with its anti-money laundering compliance procedures, or to update that information. User understands and acknowledges that F2Pool may be required to report any action or failure to comply with information requests and to disclose the identity of a User to governmental authorities, self-regulatory organizations and financial institutions, in certain circumstances without notifying the User that the information has been so provided. User further understand and agrees that any failure on its part to comply with this Clause would allow F2Pool to terminate or suspend the User’s F2Pool Account and access to the Services.
4. User understands and agrees that, even if F2Pool is not obligated to comply with any AML/Sanctions Laws, F2Pool may nevertheless choose to voluntarily comply with such requirements as F2Pool deems appropriate in its sole discretion. User agrees to cooperate with F2Pool as may be required in the reasonable opinion of F2Pool in connection with such compliance.
1. User agrees and acknowledges that the representations and warranties set forth in Clause I(1) above apply with respect to their use of the Services.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, AND COMPLETENESS IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, F2POOL MAKES NO WARRANTY THAT ACCESS TO THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOUR RELIANCE ON ANY INFORMATION OR DATA CONTAINED IN THE SERVICES IS AT YOUR OWN RISK. F2POOL EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. F2POOL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING FROM USAGE OF TRADE AND COURSE OF DEALING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, F2POOL (I) DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER SOFTWARE AND (II) SPECIFICALLY DISCLAIMS WITH RESPECT TO THE SERVICES ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS.
3. USER ACKNOWLEDGES THAT BLOCKCHAIN PLATFORMS ARE NEW AND THAT ANY RISK ASSOCIATED WITH USING ANY BLOCKCHAIN PLATFORM, RESTS ENTIRELY WITH THE USER. USER ACKNOWLEDGES THAT THE SERVICES MAY BE IMPACTED BY DEFECTS OR FAILURES IN A BLOCKCHAIN AND THAT F2POOL IS NOT RESPONSIBLE OR LIABLE FOR SUCH FAILURES, OR ANY OTHER SERVICE INTERRUPTION, SERVICES FAILURE, ACTION OR INACTION OF ANY THIRD PARTY, OR SIMILAR ISSUE ARISING FROM OR RELATED TO A BLOCKCHAIN.
4. TO THE EXTENT THAT F2POOL MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. WITHOUT LIMITING THE FOREGOING, F2POOL MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE POTENTIAL MARKET FOR THE SERVICES OR THE AMOUNT OF REWARDS THAT MAY BE CLAIMED BY A USER.
5. F2POOL TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN ACCOUNT CREDENTIALS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO THE SERVICE; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. F2POOLIS NOT RESPONSIBLE FOR ANY ISSUES WITH BLOCKCHAINS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES RESULTING IN THE LOSS OF VALUE.
6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
7. By using the Services, you represent that you are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and assets, including blockchains, tokens, and proof of stake smart contract systems. You represent that you have not relied upon any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of F2Pool in connection therewith, except as expressly set forth in these Terms.
8. You acknowledge that cryptography and blockchain technology is an emerging technology subject to regulatory uncertainty and technological advances. Advances in code cracking or technical advances such as the development of quantum computers may present risks to blockchain systems, including the theft, loss, value depreciation, or the inaccessibility thereof.
1. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. We may also, in our sole discretion, transfer part or all of the Services under these Terms to a third party to operate or perform on our behalf.
2. We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without prior notice to you, including as required by applicable law or any governmental authority, or if we determine that you are violating these Terms. Such suspension or termination shall not constitute a breach of these Terms by F2Pool. In accordance with any applicable anti-money laundering, anti-terrorism, anti-fraud, or other compliance policies and practices, we may impose reasonable limitations and controls on your ability to use the Services. Such limitations may include where good cause exists, rejecting transaction requests or otherwise restricting you from using the Services.
3. You may terminate your F2Pool Account at any time. You are still obligated to perform your outstanding obligations in connection with any pending transactions. You will be responsible for all costs incurred in connection with terminating your F2Pool Account.
4. User agrees that according to the provisions of these Terms and applicable laws and regulations, if we believe that the security of the User’s F2Pool Account may be at risk of being compromised, we have the right to freeze all or part of the F2Pool Account (“Freeze”). When the Freeze occurs, if the User applies for the thawing of the F2Pool Account (“Thawing Application”), we have the right to determine in our sole discretion whether to thaw all or part of the F2Pool Account. User agrees and acknowledges that approval of a Thawing Application is not guaranteed, and the User shall be required to cooperate with us to verify the identity of the User in connection with the Thawing Application, including, but not limited to, being subject to KYC/Screening Measures and providing User identity information, such as an ID card or passport and any other information or documents that we require.
5. If User fails to provide a valid wallet address (“Wallet Address”) in connection with their F2Pool Account within six (6) months of receiving written notice from F2Pool to provide such Wallet Address, User shall forfeit their claim to any accrued and unpaid Rewards (“Forfeited Rewards”). Subject to applicable laws and regulations, F2Pool reserves the right to treat Forfeited Rewards as forfeited by User to F2Pool; provided that F2Pool may, in its sole discretion, reimburse the User for the full or partial value of their Forfeited Rewards.
1. All right, title, and interest in and to the Services (and all content made available through the Services) is the sole and exclusive property of F2Pool or its licensors, including all modifications, improvements, adaptations, and enhancements thereto. You acknowledge that the Services are protected by copyright, trademark, and other laws of the British Virgin Islands and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
2. The limited right to access and use the Services is not a sale of the software underlying the Services. These Terms do not provide the User with any right to receive any software code related to the Services.
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT F2POOL SHALL NOT BE LIABLE FOR ANY LOSS OF INFORMATION, DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, PERSONAL INJURY, OR OTHER LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SERVICES, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. THIS LIMITATION WILL APPLY EVEN IF F2POOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL F2POOL’S TOTAL LIABILITY TO ANY USER ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE SERVICE FEES PAID IN THE APPLICABLE TOKEN OR ITS EQUIVALENT.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL F2POOL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO F2POOL FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO F2POOL, AS APPLICABLE.
3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN F2POOL AND YOU.
4. You agree to defend, indemnify, and hold harmless F2Pool, and its officers, directors, managers, and employees (“Indemnified Parties”) from any and all liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) incurred by such indemnified parties in connection with any third-party action, claim, or proceeding arising from or related to (i) your access to or use of the Services, (ii) your violation of these Terms, or (iii) any taxes, and related costs, interest and penalties, applicable to your Rewards. You may not settle or otherwise compromise any claim subject to this Clause without F2Pool’s prior written approval.
1. F2Pool respects User’s privacy. Our F2Pool privacy policy (“Privacy Policy”) governs how we collect, store, disclose and use your information. You agree to the use of the following information by F2Pool according to the terms of our Privacy Policy in accordance with applicable relevant laws, regulations:
(a) Personal information provided to F2Pool in connection with the F2Pool Account registration process.
(b) User browser or mobile client data which is automatically received and recorded by F2Pool when using F2Pool’s Services, participating in Site activities or viewing the Site, including, but not limited to, the IP address, information in the Site cookie and the web page record that the User requests;
(c) User personal information that we legally obtain from our business partners;
(d) Other User personal information that we obtain through legal channels.
2. We will not disclose the User’s personal information such as the User’s password, name, mobile phone number to any third party without the consent of the User, except that we may disclose such personal information in part or in full in the following circumstances:
(a) Disclosure to the User or other third party with the consent of the User;
(b) Disclosure to third parties as required by applicable laws and regulations or administrative agencies, to administrative, regulator or other governmental authorities;
(c) Other disclosures we are required to make in accordance with relevant applicable laws and regulations or to exercise our rights and remedies under these Terms.
F2Pool and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws protecting intellectual property. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Any notices or other communications provided by F2Pool under these Terms will be given by posting to the F2Pool Site or communicating directly with you by email. All notices and other communications you provide under these Terms shall be in writing (including electronic mail and shall be sent by electronic mail). For the purposes of these Terms, the electronic mail address of F2Pool is:
Email: support@f2pool.com
User may not assign or otherwise transfer any of its rights or obligations under these Terms without the prior, written consent of F2Pool. F2Pool may assign or otherwise transfer these Terms in conjunction with a transfer of the Services. In all cases of assignment, the assignee agrees in writing to be bound by the terms and conditions of these Terms. Any assignment or other transfer in violation of this Clause will be null and void. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the Parties hereto and their permitted successors and assigns.
These Terms shall be governed by the laws of the British Virgin Islands, without regard to any applicable British Virgin Islands’ choice of law provisions. Any dispute, controversy or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be settled by arbitration in accordance with the Hong Kong International Arbitration Centre Rules. The number of arbitrators shall be one. The place of arbitration shall be Hong Kong, unless the parties agree otherwise. The language to be used in the arbitral proceedings shall be English. All disputes and arbitrations must be resolved on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
The division of these Terms into sections and clauses and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of these Terms. Unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders. The word “include”, “includes” or “including” will be interpreted on an inclusive basis and be deemed to be followed by the words “without limitation”. The Parties confirm having requested that these Terms and all notices or other communications relating hereto be drawn-up in the English language only.
If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be amended to achieve as nearly as possible the same economic effect as the original provision, and the remainder of these Terms shall remain in full force and effect. Any provision of these Terms, which is unenforceable in any jurisdiction, shall be ineffective only as to that jurisdiction, and only to the extent of such unenforceability, without invalidating the remaining provisions hereof.
Neither Party shall be deemed to be in breach of these Terms for any failure or delay in performance to the extent caused by reasons beyond its reasonable control, including, but not limited to, acts of God, earthquakes, strikes, work stoppages, shortages of materials or resources, civil or military disturbances, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services (including cloud service providers).
Except for the Indemnified Parties that are third parties, there are no third-party beneficiaries under these Terms.
These Terms constitute the final and complete agreement between the Parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations, or agreements between the Parties, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. No term included in any confirmation, acceptance, or any other similar document from you in connection with these Terms will apply to these Terms or have any force or effect.
No failure or delay by either Party in exercising any right or remedy under these Terms shall operate or be deemed as a waiver of any such right or remedy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.