Terms Of Use

August 1, 2018

TokenGrader is a website allowing Users to register in order to participate in grading cryptocurrencies and token assets in order to generate feedback, praise, and/or criticism. The services offered by TokenGrader ("TokenGrader" or "We") include the TokenGrader website (the "TokenGrader Website"). The TokenGrader Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TokenGrader Services. By using the TokenGrader Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TokenGrader Website) or you are a "User" (which means that you have registered with TokenGrader). The term "User" refers to a Visitor or a User. You are only authorized to use the TokenGrader Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TokenGrader Website and discontinue use of the TokenGrader Services immediately. If you wish to become a User, communicate with other Users and make use of the TokenGrader Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes TokenGrader's policy for acceptable use of the TokenGrader Services and Content posted on the TokenGrader Website, your rights, obligations and restrictions regarding your use of the TokenGrader Services and TokenGrader's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the TokenGrader Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by contacting us.

TokenGrader may modify this Agreement from time to time and such modification shall be effective upon posting by TokenGrader on the TokenGrader Website. You agree to be bound to any changes to this Agreement when you use the TokenGrader Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on TokenGrader and that you provide to other Users. Your TokenGrader profile (including all user-generated content such as stories, questions, and comments) may not include the following items: obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other TokenGrader Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and TokenGrader assumes no responsibility or liability for this material. If you become aware of misuse of the TokenGrader Services by any person, please contact us.

TokenGrader reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or video by you, or to restrict, suspend, or terminate your access to all or any part of the TokenGrader Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Usership in the TokenGrader Services is void where prohibited. By using the TokenGrader Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) you are a resident of the United States of America; and (e) your use of the TokenGrader Services does not violate any applicable law or regulation. Your profile may be deleted and your Usership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
  2. Term. This Agreement shall remain in full force and effect while you use the TokenGrader Services or are a User. You may terminate your Usership at any time, for any reason, by following the instructions on the User's Account Settings page. TokenGrader may terminate your Usership at any time, without warning. Even after Usership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that TokenGrader reserves the right to charge for the TokenGrader Services and to change its fees from time to time in its discretion. If TokenGrader terminates your Usership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. As of its current form, the TokenGrader service remains free for the User.
  4. Password. When you sign up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify TokenGrader immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Commercial Use by Users. The TokenGrader Services are for the personal use of Users and may not be used in connection with commercial endeavors except those that are specifically disapproved by TokenGrader. Illegal and/or unauthorized use of the TokenGrader Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the TokenGrader Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the TokenGrader Services.
  6. Proprietary Rights in Content on TokenGrader.
    1. TokenGrader does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the TokenGrader Services. After posting your Content to the TokenGrader Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the TokenGrader Services, you hereby grant to TokenGrader a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the TokenGrader Services.

      Without this license, TokenGrader would be unable to provide the TokenGrader Services. The license you grant to TokenGrader is non-exclusive (meaning you are free to license your Content to anyone else in addition to TokenGrader), fully-paid and royalty-free (meaning that TokenGrader is not required to pay you for the use on the TokenGrader Services of the Content that you post), sublicensable (so that TokenGrader is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the TokenGrader Services), and worldwide (because the Internet and the TokenGrader Services are global in reach). This license will terminate at the time you remove your Content from the TokenGrader Services. The license does not grant TokenGrader the right to sell your Content, nor does the license grant TokenGrader the right to distribute your Content outside of the TokenGrader Services.

    2. You represent and warrant that: (i) you own the Content posted by you on or through the TokenGrader Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the TokenGrader Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the TokenGrader Services.
    3. The TokenGrader Services contain Content of TokenGrader ("TokenGrader Content"). TokenGrader Content is protected by copyright, trademark, patent, trade secret and other laws, and TokenGrader owns and retains all rights in the TokenGrader Content and the TokenGrader Services. TokenGrader hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TokenGrader Content (excluding any software code) solely for your personal use in connection with viewing the TokenGrader Website and using the TokenGrader Services.
    4. The TokenGrader Services contain Content of Users and other TokenGrader licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the TokenGrader Services.
  7. Content Posted.
    1. TokenGrader may delete any Content that in the sole judgment of TokenGrader violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. TokenGrader assumes no responsibility for monitoring the TokenGrader Services for inappropriate Content or conduct. If at any time TokenGrader chooses, in its sole discretion, to monitor the TokenGrader Services, TokenGrader nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the TokenGrader Services, and any material or information that you transmit to other Users and for your interactions with other Users. TokenGrader does not endorse and has no control over the Content. Content is not necessarily reviewed by TokenGrader prior to posting (unless it is part of the DWP) and does not necessarily reflect the opinions or policies of TokenGrader. TokenGrader makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
  8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the TokenGrader Services. TokenGrader reserves the right to investigate and take appropriate legal action against anyone who, in TokenGrader's sole discretion, violates this provision, including without limitation, removing the offending communication from the TokenGrader Services and terminating the Usership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of TokenGrader:
    1. uses the last name of any individuals in their content;
    2. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. harasses or advocates harassment of another person;
    4. exploits people in a sexual or violent manner;
    5. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    6. solicits personal information from anyone under 18;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

      The following is a partial list of the kind of activity that is illegal or prohibited on the TokenGrader Website and through your use of the TokenGrader Services. TokenGrader reserves the right to investigate and take appropriate legal action against anyone who, in TokenGrader's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

      1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
      2. advertising to, or solicitation of, any User to buy or sell any products or services through the TokenGrader Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the TokenGrader Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the TokenGrader Services, you acknowledge that you will have caused substantial harm to TokenGrader, but that the amount of such harm would be extremely difficult to ascertain.
      3. interfering with, disrupting, or creating an undue burden on the TokenGrader Services or the networks or services connected to the TokenGrader Services;
      4. attempting to impersonate another User or person;
      5. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
      6. using any information obtained from the TokenGrader Services in order to harass, abuse, or harm another person; or
      7. using the TokenGrader Services in a manner inconsistent with any and all applicable laws and regulations.
    13. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of TokenGrader to terminate Usership privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to TokenGrader by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the TokenGrader Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the TokenGrader Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and contact TokenGrader.
    14. User Disputes. You are solely responsible for your interactions with other TokenGrader Users. TokenGrader reserves the right, but has no obligation, to monitor disputes between you and other Users.
    15. Privacy. Use of the TokenGrader Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
    16. Disclaimers. TokenGrader is not responsible for any incorrect or inaccurate Content posted on the TokenGrader Website or in connection with the TokenGrader Services, whether caused by Users of the TokenGrader Services or by any of the equipment or programming associated with or utilized in the TokenGrader Services. Stories created and posted by Users on the TokenGrader Website may contain links to other websites. TokenGrader is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TokenGrader. Inclusion of any linked website on the TokenGrader Services does not imply approval or endorsement of the linked website by TokenGrader. When you access these third-party sites, you do so at your own risk. TokenGrader takes no responsibility for third party advertisements which are posted on this TokenGrader Website or through the TokenGrader Services, nor does it take any responsibility for the goods or services provided by its advertisers. TokenGrader is not responsible for the conduct, whether online or offline, of any User of the TokenGrader Services. TokenGrader assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. TokenGrader is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TokenGrader Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the TokenGrader Services. Under no circumstances shall TokenGrader be responsible for any loss or damage, including personal injury or death, resulting from use of the TokenGrader Services, attendance at a TokenGrader event, from any Content posted on or through the TokenGrader Services, or from the conduct of any Users of the TokenGrader Services, whether online or offline. The TokenGrader Services are provided "AS-IS" and as available and TokenGrader expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TokenGrader cannot guarantee and does not promise any specific results from use of the TokenGrader Services.
    17. Limitation on Liability. IN NO EVENT SHALL TOKENGRADER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TOKENGRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOKENGRADER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TOKENGRADER FOR THE ONLYTHOSE SERVICES DURING THE TERM OF MEMBERSHIP.
    18. Disputes. If there is any dispute about or involving the TokenGrader Services, you agree that the dispute shall be governed by the laws of the State of North Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States.
    19. Indemnity. You agree to indemnify and hold TokenGrader, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TokenGrader Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the TokenGrader Website or through the TokenGrader Services causes TokenGrader to be liable to another.
    20. Other. This Agreement is accepted upon your use of the TokenGrader Website or any of the TokenGrader Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and TokenGrader regarding the use of the TokenGrader Services. The failure of TokenGrader to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. TokenGrader is a trademark of TokenGrader. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    Please contact us at: contact TokenGrader with any questions regarding this Agreement.

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.