Terms and Conditions
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ModernCapitals User Agreement
This User Agreement (“Agreement”) is a contract between you (“you,” “your”, “user”, or “Client”) and Nexus LLC. A ST. Vincent and the Grenadines company incorporated under company number: REG 1070 LLC 2021 . Its address of registration is address:
Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines . The processing and clearing company “Nexus LLC” under company Number REG 1070 LLC 2021, having its registered address ST. Vincent and the Grenadines
(“ModernCapitals”, “the Company”, “Trading Platform”, “we”, “us” or “our”) and applies to your use of the ModernCapitals website and all services described herein (collectively, the “Services”).
DEFINITIONS
Member means any current registered user of ModernCapitals.company.
Website means any of the images, written material, databases, software or other material available on any website owned or operated by ModernCapitals.
Your Content means any audio, video, text, images or other material you choose to display on this Website.
Market refers to any market that can be traded on ModernCapitals.
Prices means the prices offered to the user for each transaction for a given market. Whenever relevant, Prices given by ModernCapitals include the Spread.
Spread means the difference between the purchase price Ask and the sale price Bid.
Transaction means any type of transaction made in the user’s trading account, including but not limited to, deposit, withdrawal request, new trade order, close trade order.
INTRODUCTION
These Website Terms And Conditions (these “Terms”, these “Website Terms And Conditions”, or this “Agreement”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. All other information provided on the Website or oral/written statements made are excluded from this agreement.
By accessing, viewing or downloading information from this Website and using the services provided by ModernCapitals you acknowledge that you have read, understood, and unconditionally agreed to be bound by these Terms. ModernCapitals may at any time, without notice, amend these Terms. You agree to continue to be bound by any amended terms and conditions and that ModernCapitals has no obligation to notify you of such amendments.
You must not use this Website, if you have any objection to any of these Website Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
NATURE OF BUSINESS
ModernCapitals is NOT an exchange, currency exchanger, currency dealer, or money transmitter. ModernCapitals has never and will never engage in any activities involving currency or asset exchange or money transmission of any kind. ModernCapitals has never and will never transmit customer funds to any third party and/or give access to customer funds to any third party.
ModernCapitals is NOT a securities issuer or broker-dealer. When you trade on ModernCapitals, you do not own or transmit ownership of any security of any kind. ModernCapitals does not issue or sell securities of any kind.
ModernCapitals live trading is NOT available to residents of the United States of America or any other jurisdiction where such services may be restricted.
As the digital currency ecosystem evolves, so does the regulatory landscape. Please contact [email protected] for compliance related questions, or to provide or update regulation guidance regarding your country or region.
INTELLECTUAL PROPERTY RIGHTS
Other than content you own, which you may have opted to include on this Website, under these Terms, ModernCapitals and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
RESTRICTIONS
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using automated means outside the ModernCapitals API (including but not limited to scripting, parser, spiders or screen scrapers) to place orders or trades, or to obtain, collect or access any information on the Website or of any User for any purpose;
- using this Website to engage in any advertising or marketing;
- undermining the security or integrity of ModernCapitals computing systems or networks or, where the service is hosted by a third party, that third party’s computing systems and networks; and
- attempting to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the services or to operate the Website except as is strictly necessary to use either of them for normal operation;
Certain areas of this Website are restricted from access by you and ModernCapitals may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any password you may have for this Website is confidential and you must maintain confidentiality of such information.
CLIENT RULES
A Client has the right to open only one live trading account on ModernCapitals. If a Client is found to have logged in, operated, traded, deposited, or withdrawn from two or more live trading accounts on ModernCapitals, all transactions on all of that Client’s accounts will be cancelled and declared void. All accounts in question will be immediately blocked and any funds tied to those accounts will not be recoverable.
The Client represents and warrants to ModernCapitals that:
- he has the authority to enter into this Agreement and to execute the provisions thereof;
- he is not under any legal disability and is not subject to law or regulation that may prevent his acceptance of these Terms or any contract or transaction contemplated by the Terms;
- any assets or funds traded by, deposited, or withdrawn by the Client are not in anyway linked to illegal or criminal activities;
- the information he provides is accurate, complete, true, and not misleading in any material respect; and
- if the Client is a citizen or resident of the United States of America, he or she cannot perform any kind of live trading on ModernCapitals.
RECEPTION AND TRANSMISSION OF ORDERS
The Client agrees that any orders, once placed or activated, cannot be revoked, amended, or refunded in any case, including in cases where the company may run into technical issues or outages relating to, but not limited to, price data feeds, risk management, or fund management.
The Client acknowledges and accepts these risks of mistakes or misinterpretations in the orders sent through the Trading Platform due to technical or mechanical failures, as well as the risks of delays or other problems that may arise, and agrees to indemnify ModernCapitals in full for any loss incurred as a result of such orders.
The Client also acknowledges and accepts the risk that their orders may be placed by unauthorized persons and agrees to fully indemnify ModernCapitals in such a case as ModernCapitals has no responsibility as to the identity of the person placing the order.
The Client also acknowledges that their balance may become negative due to position liquidation and unpaid leverage financing fees. In such a case, the outstanding negative balance is owed by the Client to ModernCapitals.
The Client also acknowledges and accepts that ModernCapitals has the right to close, suspend, freeze, refuse or cancel any transaction or trade, at its sole and absolute discretion without providing prior notice to the Client, for example in cases relating to purposeful manipulation of the market or the Trading Platform, abusive exploitation of insider information, contribution to illegal activities such as money laundering, insufficient funds, and failure to fulfill obligations by the Client.
CONTENT
With respect to Your Content, by displaying it, you grant ModernCapitals non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. ModernCapitals reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
NO WARRANTIES
This Website is provided “as is,” with all faults, and ModernCapitals makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
By signing up to ModernCapitals, the Client acknowledges and accepts that the Services provided by ModernCapitals may go down at any time (temporarily) without prior notification.
NO INVESTMENT ADVICE
Any investment or trading signal you receive through our service should not under any circumstance be regarded as investment advice or as a recommendation regarding any particular security or course of action.
Opinions expressed on ModernCapitals are current opinions as of the date appearing on the Website only and are subject to change without notice. Reasonable people may disagree about the opinions expressed on the Website. In the event any of the assumptions used on the Website do not prove to be true, results are likely to vary substantially. All investments entail risks. There is no guarantee that investment strategies will achieve the desired results under all market conditions and each investor should evaluate their ability to invest for a long term especially during periods of a market downturn. No representation is being made that any account, product, or strategy will or is likely to achieve profits, losses, or results similar to those discussed, if any.
The Website may contain statements, estimates or projections that constitute “forward-looking statements”. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and our present expectations or projections. The Website undertakes no obligation to publicly update or revise any forward-looking statements posted by the Website or any of its members.
SERVICE PERFORMANCE
ModernCapitals denies all liability for the timely operation of the Website when used within an Internet environment, where you or a third party is providing the computer equipment upon which the product is depend upon for any part of its functionality.
By using this service you confirm your understanding that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of ModernCapitals. You accept that ModernCapitals is not liable for any perceived slow operation of the Website.
You understand that the market data ModernCapitals provides is given “as is,” with all faults, and ModernCapitals makes no express or implied representations or warranties, of any kind related to this data.
ModernCapitals and its trading engine may at times rely on third party services or liquidity providers to retrieve and process market data, including live trade, bid, and ask data related to the “asset”, “instrument”, or “currency” you are trading. At times these third-party services may go offline or become unreliable or may not reflect real market information. The data you see on ModernCapitals may not be up-to-date and you may be led to make trade decisions based on this inaccurate data.
Although ModernCapitals will do its best to notify you when these third party services are offline and when the price data you see may be inaccurate, ModernCapitals denies all liability for any (automatically- or manually-triggered) order or trade entries (including trades entered at market at an inaccurate market price), exits (including trades exited at market at an inaccurate market price), stops, or target hits, or any other market or price movements that may arise when such external services are unreachable or unreliable resulting in misleading market information.
By using this service you accept that all order and trade executions are final and irreversible, including executions that may have occurred as a result of or during a time in which incorrect market information was provided by ModernCapitals or by third party market data services ModernCapitals interacts with.
REGISTRATION
By registering as a Member, you represent and warrant:
- that you have accepted the Terms;
- that you are at least 18 years of age and have the capacity to accept the Terms;
- that you are the legal owner of the funds (digital currency) you use on ModernCapitals services and that the same funds derive from a legitimate source;
- that using ModernCapitals services, including and in particular services that require deposit of funds, does not constitute a breach of your home jurisdictions’ laws;
- that you are aware of the risks in using the services provided by ModernCapitals. These risks include the high volatility risk of bitcoin and cryptocurrency markets;
- that the information you provide as part of your Website registration process, in particular your email address and country of residence, are correct, genuine and up-to-date;
- that any digital currency address you provide is your own and that you have full control over this address; and
- that you are not a resident of the United States of America or any other jurisdiction where the services offered by ModernCapitals may be restricted.
CONDITIONS OF PARTICIPATION
By using the Trading Platform, Clients agree to be bound by these Terms and the decisions of ModernCapitals, which shall be final and binding in all respects.
ModernCapitals, at its sole discretion, may block any Client from using its Services, refuse to award benefits or profits and require the return of any profits, if the user engages in conduct or otherwise utilizes any information ModernCapitals. deems to be improper, unfair or otherwise adverse to the operation of the Services or is in any way detrimental to other users of the Service.
Funds deposited by Clients on ModernCapitals are not in any way insured against loss or theft as a result of an attack on our servers or digital currency wallets, technical or mechanical failure, or any other cause. The Client accepts and agrees to fully and completely indemnify ModernCapitals should such a loss of funds occur.
ModernCapitals is committed to regulatory compliance in all states and regions in which its services are available. These Terms prohibit trading a live account on ModernCapitals if the Client is:
- a resident of the United States of America or any other jurisdiction where the Services offered by ModernCapitals may be restricted;
- any person prohibited from participating pursuant to court order; and
- any user who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in trading.
In addition, conduct that would be deemed improper also includes, but is not limited to: - falsifying personal information required to trade a live account;
- engaging in any type of financial fraud;
- colluding with any other individual(s) or engaging in any type of syndicate play;
- any violation of these Terms;
- using automated means outside the ModernCapitals API (including but not limited to scripting, parser, spiders or screen scrapers) to place orders or trades, or to obtain, collect or access any information on the Website or of any User for any purpose;
- any type of abuse, abuse of the referral program, or abuse of any other offers or promotions;
- tampering with the administration of the Website or trying to in any way tamper with the computer programs or any security measure associated with ModernCapitals;
- obtaining other user information and spamming other users; or
- abusing the Website in any way.
ModernCapitals is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that restrict Users based on their location), including without limitation any injury or damage to any user’s or any other person’s computer or video equipment; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, trades and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE TRADING PLATFORM IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ModernCapitals RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure to comply with these Terms will result in immediate account closure and fund seizure.
TERMINATION AND EFFECT OF TERMINATION
ModernCapitals may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Website. ModernCapitals may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ANTI-MIXING AND ANTI-MONEY LAUNDERING
All deposited digital currency funds are stored in segregated, traceable, and offline wallets. Depositing, withdrawing, and transferring funds through ModernCapitals does not increase the anonymity of Client transactions, regardless of trades or orders executed on the Trading Platform.
ModernCapitals keeps records of all Client transactions, including records of amounts transferred, source deposit addresses, and destination withdrawal addresses. All such records can and will be shared with law enforcement if the Company is compelled to do so through a legal procedure.
ModernCapitals will take measures to suspend Client accounts that are actively using the Services provided by the Company to engage in attempts to mix or launder deposited funds.
LIMITATION OFFERED LIABILITY
You hereby indemnify to the fullest extent ModernCapitals from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
INDEMNIFICATION
All deposited digital currency funds are stored in segregated, traceable, and offline wallets. Depositing, withdrawing, and transferring funds through ModernCapitals does not increase the anonymity of Client transactions, regardless of trades or orders executed on the Trading Platform.
ModernCapitals keeps records of all Client transactions, including records of amounts transferred, source deposit addresses, and destination withdrawal addresses. All such records can and will be shared with law enforcement if the Company is compelled to do so through a legal procedure.
ModernCapitals will take measures to suspend Client accounts that are actively using the Services provided by the Company to engage in attempts to mix or launder deposited funds.
VARIATION OF TERMS
ModernCapitals is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
FORCE MAJEURE
Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
SURVIVAL
Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to an amendment by ModernCapitals of such provision to provide for enforcement of the provisions intent, to the extent permitted by applicable law.
ASSIGNMENT
ModernCapitals shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between ModernCapitals and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
GOVERNING LAW & JURISDICTION
The Client Agreement shall be governed by and construed in accordance with the substantive law of the Vincent and the Grenadines, save for the rules of law and any secondary legislation relating to provision of investment and ancillary services which shall not apply. The parties hereby agree to submit any dispute arising out or in connection with the client Agreement to an exclusive jurisdiction of courts of Vincent and the Grenadines.