Terms of Use

1. General

1.1. Welcome to ethericsurge.com (the "Website").

For any inquiries, please contact us at [email protected]

1.2. This Website offers information about third-party platforms (referred to as "Third-Party Platforms") related to trading (the "Services").

1.3. These terms of use (the "Terms") dictate your ("You", "Your", or "User") interaction with the Website or the Services. It's crucial to thoroughly review these Terms before utilizing the Services. Remember, these Terms represent a legally binding contract between You and the operator of this Website. If You disagree with any part of these Terms, please discontinue your use of the Website immediately. By continuing to use the Website, You agree to the Terms, which may be updated periodically.

These Terms also encompass Our Privacy Policy, and by accepting these Terms, You confirm that You have also read and agreed to Our privacy policy (You can access Our Privacy Policy by clicking here).

2. Eligibility

2.1. Your use of the Website is contingent upon the following criteria:

2.1.1. You must be at least 18 years of age;

2.1.2. You possess the legal right, authority, and capability to agree to these Terms and comply with all their conditions;

2.1.3. You are not restricted from accessing the Website and/or the Services by the legal regulations of the country in which You reside or are present while accessing the Website.

2.2. We do not guarantee or make any claims, either explicit or implied, regarding the legal compliance of the Website and/or the Services, nor the lawful use of the Website and/or Services by any individual. Etheric Surge will not be liable for any unlawful utilization of the Website and/or Services by the User.

3. Restricted territories

3.1. Beyond the general stipulations mentioned, we reserve the right, at our discretion, to limit access to the Website and/or Services (or any part thereof) for: (i) Users located in certain regions (the “Restricted Territories”), and (ii) individuals we believe might present legal, regulatory, reputational, or financial challenges to Etheric Surge.

3.2. Etheric Surge may set additional criteria or conditions for accepting Users from particular countries, as determined at our discretion. It is also understood that Users traveling to Restricted Territories might find the Website and/or Services inaccessible or blocked.

4. Prohibited activities

4.1. You agree to engage with the Website and Services courteously, committing not to:

4.1.1. Link to or use the Website for uploading, downloading, distributing, publishing, or transmitting: (a) any content that infringes on rights, including intellectual property, privacy, or other legal rights; (b) any content that is banned for its threatening, harmful, offensive, slanderous, defamatory, racist, or inappropriate nature; (c) any content containing viruses or software that might harm our systems or third-party systems, or in a manner that obstructs or hinders others from using the Website; (d) any content violating legal statutes; or (e) any advertisements without prior written consent from Etheric Surge;

4.1.2. Remove or alter any attributions, legal notices, or proprietary marks or labels on the Website;

4.1.3. Access the Services through any interface other than the official Website;

4.1.4. Disrupt or interfere with other Users' experience on the Website and/or the Services;

4.1.5. Employ bots or automated systems to interact with the Website and/or the Services;

4.1.6. Upload or transmit (or attempt to do so) any material that functions as a passive or active data collection or transmission mechanism, such as web bugs, cookies, or other spyware, without our explicit consent;

4.1.7. Engage in activities like "framing," "mirroring," or mimicking the appearance or functionality of the Services;

4.1.8. Breach any applicable laws or regulations, or advocate any illegal activities, including but not limited to, copyright violations, trademark infringements, defamation, privacy invasions, identity theft, hacking, or the distribution of counterfeit software;

4.1.9. Alter or meddle with the source code of the Website and upload any software or application that could harm or damage the Website or any third party;

4.1.10. Disassemble, decompile, or reverse engineer any software or technology included in the Website or used to deliver the Services.

4.2. You acknowledge that, without limiting any other rights we may have, if we suspect that your use of the Website does not align with these Terms or any relevant law, we may monitor your activity on the Website or the Services, restrict your access to the Website, share your usage patterns with third parties, and take any other measures we consider necessary to protect our property, rights, and those of third parties.

5. Intellectual Property Rights

5.1. The entirety of the Website, encompassing videos, text, images, logos, designs, music, sounds, figures, trademarks, and other materials, is safeguarded by intellectual property rights owned by us or third-party entities.

5.2. We possess all rights, titles, and interests in the Website and Services. Utilizing the Website or Services does not confer any intellectual property rights to Users, except for the right to use them in alignment with these Terms.

5.3. Users are authorized to use the Website and Services strictly for personal, non-commercial purposes.

5.4. Users must not alter, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sublicense, distribute, reproduce, republish, scrape, download, display, transmit, post, lease, sell, or exploit any Website content without our explicit written consent. This prohibition includes any unauthorized exploitation or use that is not in accordance with the Terms.

6. Limitation of liability

6.1. Engaging with the Website and/or Services is at Your own risk. To the fullest extent allowed by law, We disclaim all warranties, explicit or implied, regarding the Website and Services and Your usage of them, including implied warranties of merchantability, title, fitness for a specific purpose, non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Consequently, the Services, alongside all content and functions accessible on or through the Website, are provided on an “as is,” “as available,” and “with all faults” basis.

6.2. Without limiting the aforementioned, We do not assume liability for any (a) errors, mistakes, or inaccuracies in any content included on the Website; (b) interruptions or cessations of transmission to or from the Website via the Services; (c) any bugs, viruses, Trojan horses, or similar threats that may be transmitted to or through the Website or Services by any third party.

6.3. You agree to indemnify Us for any losses incurred, directly or indirectly, by You and/or any third party concerning the Website and/or Services, and You accept sole responsibility for any decisions You make based on the content of the Website and/or Services.

6.4. Under no circumstances shall we be held accountable to you or any third party for any exceptional, direct, indirect, incidental, punitive, or consequential damages, including but not limited to lost profits or data loss arising from your use of the Website and/or Services or other materials accessed or downloaded from the Website as part of the Services. This applies whether the claims are based on warranty, contract, tort, or any other legal theory, regardless of whether we were informed of the potential for such damages. In the event a court finds us liable, our liability shall not exceed 100 USD. This limitation of liability will apply to the fullest extent permitted by applicable law.

6.5. We do not bear responsibility for any issues or technical malfunctions involving telephone or network lines, online computer systems, servers, providers, hardware, software, or failures caused by technical difficulties or internet congestion (or internet inaccessibility) or any incompatibility between the Website or Services and your browser or other equipment. Additionally, we do not assume any responsibility or risk associated with your internet usage.

7. Third Party Services or Content

7.1. While engaging with the Services, you might encounter content or services from third parties, including advertisements and reviews concerning Third-Party Platforms.

7.2. We do not control, endorse, or assume responsibility for such content or services, and they may not always be accurate or up-to-date.

7.3. Therefore, we advise you to independently verify all information before relying on it. Any decisions or actions taken based on such information are solely your responsibility.

8. Links

8.1. The Website may include links, content, advertisements, promotions, logos, and other materials from other websites or software controlled or offered by third parties (the “Links”). We advise you to understand the risks involved in using such websites, software, or materials before accessing, using, relying upon, or purchasing anything through these websites or software, or based on such materials. These Links are provided solely for your convenience, and you agree that you will not hold us liable for any loss or damage.

caused by the use of or reliance on any content, goods, or services available through other websites or software.

8.2. The presence of Links on the Website does not imply an endorsement, authorization, sponsorship, affiliation, or any other association between Etheric Surge and these websites, software, or their operators.

8.3. We have not reviewed all such Links and are not accountable for the content on the websites or software linked to. We advise You to understand the potential risks involved in using such websites or software before accessing, using, relying on, or purchasing anything through these platforms. Under no circumstances will You hold Etheric Surge liable for any loss or damage caused by the use of or reliance on any content, goods, or services available on other websites.

8.4. It is Your duty to review the terms and policies of such third-party websites, and we strongly suggest that you thoroughly review them prior to engaging with such third parties.

9. Miscellaneous

9.1. We may, at Our discretion, amend, modify, or discontinue any of the Services and/or introduce new Services from time to time. We shall not be liable for any loss incurred by You as a result of these changes, and You shall have no claims against Etheric Surge in this regard.

9.2. We may revise these Terms occasionally. When We do, We will inform You by publishing the most recent version and updating the date at the top of this page, with any modifications taking effect immediately upon publication. By continuing to use the Website after any changes become effective, You agree to the revised Terms.

9.3. The User agrees that the transmission of information to or from the Website does not create any relationship beyond those specified in these Terms.

9.4. These Terms and the Privacy Policy, as updated from time to time, constitute the sole agreements between Us and the User, and no representation, promise, consent, or undertaking, whether written or oral, that is not included in the Terms of theThe Privacy Policy will be legally binding for all parties involved.

9.5. Our delay or failure in enforcing any right, power, or remedy will not constitute a waiver. Similarly, exercising any of these rights or remedies in part or once does not prevent further exercise or the exercise of other rights.

9.6. Should a court of competent jurisdiction find any provision of these Terms unenforceable under current law, that provision will be excluded, and the rest of these Terms will be interpreted as if it were excluded, maintaining enforceability. Nonetheless, these Terms should be construed to preserve the intent and meaning of the excluded provision to the fullest extent allowed by law, as determined by the court.

9.7. We may assign or transfer any of Our rights and responsibilities hereunder to a third party. Additionally, third parties may operate the Website and/or any of the Services. You are prohibited from transferring, assigning, or pledging any of Your rights or obligations under these Terms in any way.