CVA Regulatory Working Group Commentary: No, the SEC is (probably) not competent over the Ethereum network

Terms for use of our web services

Web services include our APIs as well as any of our websites.

Disclaimer

While we are proud of the services we provide to the world for free and try to make them reliable and useful, we make no promises about them. All web services are certain to fail some of the time. We adapt and change our services from time to time, so you may find that something that worked for you may cease to work. We may also stop supplying any service, temporarily or permanently or block access to our services to anyone for any reason.

If you need some guarantee of a particular service level, then please do not hesitate to contact us to discuss whether we could offer you a commercial version of any of our services (assuming one is not already available).

We are not a law firm and nothing we do is intended to be taken as legal advice. In particular:

We encourage the use of our website services but we cannot give any warranty that they will work in the way expected or should be used for any specific purpose. If in doubt, you should take your own legal advice.
The CVA website is not guaranteed to provide an answer with 100% certainty. It is intended to be a starting point, not the work of God.

What you agree

You agree not to use our websites to do any of the following:

Anything which is illegal either where you are in the world, or where we are.
Cause nuisance to other users of our services.
Interfere with the normal running of our services.
Try to access our systems in a way other than those advertised by us and, in particular, to use a web crawler that does not respect the robots exclusion policy.

Other websites

Some of our activities are carried out on web platforms provided by third parties.

Accounts

Some of our services require you to create an account in order to make certain kinds of, or any, use of the service. All our accounts are subject to the following rules.

You must be at least 13 years old and a human being.

If asked for any personal details, you must answer truthfully (see our privacy policy for what we do with those details). You must supply us with a valid e-mail address.
You are responsible for the security of your accounts and making sure that any contact details in the account are kept up to date. If we need to contact you but are unable to do so, for example because your e-mail address is no longer valid, then any consequences of that failure will be your responsibility.
You must not let anyone else use your account. If pressure is applied to you to do so — for example if an employer demands your username and password — please inform them that their attempt to subvert your agreement with us will mean that they have no permission to use any of our services. We may take action, including criminal prosecution, if they use our services using an account they have obtained in this way.
You must let us know of any unauthorised use of your account as soon as you are able to after becoming aware of it.
Unless an account is associated with a paid-for service, we may suspend or terminate it at any time. Equally, you may close your account at any time

Community members

By registering as a community member, you are acknowledging your connection to us. You are subject to any rules for community members we may publish and we may send you email messages we think appropriate for members, for example in order to poll you on some important issue.

Community membership is not membership in the formal sense of membership of a company limited by guarantee.

Content and intellectual property

What we do with your content

If you contribute content to any of our services, for example by commenting on a blog, or uploading data, then as a general rule you agree to licence that content to us under the same licence as prevails for that service or website.

Our content

Unless otherwise stated all our services are offered under open content or data licences and you should refer to the provisions of the licence in question to find out what you are allowed to do. Some of our content belongs to third parties. Most third party data is subject to an open licence, but we cannot guarantee it. You should refer to the third party if you are in doubt.

Ownership does not change

As a general rule, this agreement will not change the ownership of any intellectual property belonging to either party. Where your content is used by us or vice versa both you and we would do so under a licence (see above).

Paid-for services

Any payment you have agreed to make to us is subject to any applicable taxation or similar financial imposition. You are responsible for paying any additional sum imposed in this way. For example, many of our services are subject to Value-Added Tax, which you are required to pay to us.
If you have agreed to pay a sum at regular intervals ("payment periods") then:

We will only terminate the service by giving notice of at least one payment period in length;
We may increase the price for the service by giving you at least one payment period's notice of the new price.

You may terminate a paid-for service at any time by giving us notice of termination. Any payment you have already made to us will not be repayable, but we will continue to supply the service — unless you ask us otherwise — until the next payment date.

We may suspend a paid for service if we reasonably believe:

It is necessary for us to do so in order to prevent any unlawful activity;
You have breached this agreement in a sufficiently serious way to justify suspending the service in order to prevent that breach.
You have failed to pay us any sum of money you owe.

If we do suspend a service for any of the above reasons we will take all reasonable steps to inform you promptly of what we have done and we will lift the suspension as soon as we are satisfied that the reason for the suspension no longer applies.

Liability

Indemnities — where you may owe us

If you breach any of your obligations under this agreement and, as a result, cause us to be sued by anyone else, you will have to compensate us for any loss we have suffered as a result, which includes any costs, such as paying lawyers, or for our own time, we incur defending a claim as well as any damages awarded.

If your breach causes you to be sued by someone else, you will not sue us for any loss you suffer as a result.

Exclusion — what we do not owe you

We limit our liability in several different ways — all of which we believe to be fair. In case any one of them is found to be unenforceable by a court, each of the following limitations of liability is separate and our liability to you is limited by all of them.

All exclusions of liability are only in so far as we are allowed to do so by whatever law applies to the situation. For example, the law of Switzerland prevents us from excluding our liability for any personal injury or death caused by our negligence. We do not exclude such liability.

We will not be liable for any damage that was not reasonably foreseeable at the time we made this agreement.

Any liability to you is limited by the amount you have paid us for a service, where:
Our liability is zero for a free service.

Where you make periodic payments, our liability is limited to the value of the last payment you paid us.

We are not liable for any loss which is indirect or consequential. That includes any loss of business or profit.

We exclude, in so far as we are allowed, any warranties that would be implied by law.

General conditions

This agreement

We may update these terms and conditions at any time. If we do so, we will announce the change on our blog. Any changes will be binding on you from the moment we announce them.
This agreement is made under the laws of Switzerland.

Boilerplate

These final “boilerplate” terms of should go without saying, but we are saying them anyway just to be clear.

If any part of this agreement is ineffective (for example because it is unlawful) then the rest of the agreement should be read without it.

This agreement is between you and us and is not intended to give anyone else any rights.
We may sometimes fail to enforce our rights under this agreement (for example because we decide not to, or we did not realise you were in breach of contract). Just because we have not enforced any of our rights, does not stop us from doing so in the future.

Neither party is liable for anything which is beyond their reasonable control.

If for some reason beyond Crypto Valley Association's reasonable control, we are unable to or it would not be commercially viable for us to, continue to supply any of our services, we may cease to supply that service, ending any agreement between us for its supply. If we do so, we will return to you a fair proportion of any sum you have paid us in advance for the supply of that service, taking into account the service we have already supplied to you.

A. Introduction

The privacy of our website visitors is very important to us, and we are committed to safeguarding it. This policy explains what we will do with your personal information.
Consenting to our use of cookies in accordance with the terms of this policy when you first visit our website permits us to use cookies every time you visit our website.

B. Credit
This document was created using a template from SEQ Legal (seqlegal.com)
and modified by Crypto Valley Asssociation

C. Collecting personal information

The following types of personal information may be collected, stored, and used:

information about your computer including your IP address, geographical location, browser type and version, and operating system;
information about your visits to and use of this website including the referral source, length of visit, page views, and website navigation paths;
information, such as your email address, that you enter when you register with our website;
information that you enter when you create a profile on our website—for example, your name, profile pictures, gender, birthday, relationship status, interests and hobbies, educational details, and employment details;
information, such as your name and email address, that you enter in order to set up subscriptions to our emails and/or newsletters;
information that you enter while using the services on our website;
information that is generated while using our website, including when, how often, and under what circumstances you use it;
information relating to anything you purchase, services you use, or transactions you make through our website, which includes your name, address, telephone number, email address, and credit card details;
information that you post to our website with the intention of publishing it on the internet, which includes your username, profile pictures, and the content of your posts;
information contained in any communications that you send to us by email or through our website, including its communication content and metadata;
any other personal information that you send to us.

Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy

D. Using your personal information

Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website. We may use your personal information for the following:

administering our website and business;
personalizing our website for you;
enabling your use of the services available on our website;
sending you goods purchased through our website;
supplying services purchased through our website;
sending statements, invoices, and payment reminders to you, and collecting payments from you;
sending you non-marketing commercial communications;
sending you email notifications that you have specifically requested;
sending you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
sending you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
dealing with inquiries and complaints made by or about you relating to our website;
keeping our website secure and prevent fraud;
verifying compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service); and
other uses.

If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

Your privacy settings can be used to limit the publication of your information on our website and can be adjusted using privacy controls on the website.

We will not, without your express consent, supply your personal information to any third party for their or any other third party’s direct marketing.

E. Disclosing personal information

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy.

We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.

We may disclose your personal information:

to the extent that we are required to do so by law;
in connection with any ongoing or prospective legal proceedings;
in order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this policy, we will not provide your personal information to third parties.

F. International data transfers

Information that we collect may be stored, processed in, and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China, and India.
Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to the transfers of personal information described in this Section F.

G. Retaining personal information

This Section G sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations regarding the retention and deletion of personal information.
Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
Without prejudice to article G-2, we will usually delete personal data falling within the categories set out below at the date/time set out below:
1. personal data type will be deleted as required by law.
Notwithstanding the other provisions of this Section G, we will retain documents (including electronic documents) containing personal data:
1. to the extent that we are required to do so by law;
2. if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
3. in order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

H. Security of your personal information

We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
All electronic financial transactions entered into through our website will be protected by encryption technology.
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

I. Amendments

We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you understand any changes to this policy. We may notify you of changes to this policy by email or through the private messaging system on our website.

J. Your rights

You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to the following:

the payment of a fee and
the supply of appropriate evidence of your identity

We may withhold personal information that you request to the extent permitted by law.

You may instruct us at any time not to process your personal information for marketing purposes.

In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

K. Third party websites

Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

L. Updating information

Please let us know if the personal information that we hold about you needs to be corrected or updated.

M. Cookies

Our website uses cookies. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. We use both session and persistent cookies on our website.}

The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
1. we use Google Analytics and Adwords on our website to recognize a computer when a user track users as they navigate the website / enable the use of a shopping cart on the website to improve the website’s usability.
Most browsers allow you to refuse to accept cookies—for example:
1. in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools,” “Internet Options,” “Privacy,” and then “Advanced”;
2. in Firefox (version 24) you can block all cookies by clicking “Tools,” “Options,” “Privacy,” selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
3. in Chrome (version 29), you can block all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Content settings,” and then selecting “Block sites from setting any data” under the “Cookies” heading.

Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.

You can delete cookies already stored on your computer—for example:
1. in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835 );
2. in Firefox (version 24), you can delete cookies by clicking “Tools,” “Options,” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies,” and then clicking “Remove All Cookies”; and
3. in Chrome (version 29), you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Clear browsing data,” and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data.”
Deleting cookies will have a negative impact on the usability of many websites.

By logging in to your account, you accept the Terms of Use and acknowledge the Privacy Policy