Updated on: October 15 , 2020
Please note that your decision to use the Services and your choice to provide us with your personal information is voluntary. We indicate the types of personal information we request in our online, mobile and other registration forms and in other places where we request such information. You may elect not to submit certain personal information requested by us, but that election may limit or prevent our ability to provide certain Services and products to you.
What Personal Information Do We Collect?
Galactic Crypto collects the personal information you enter on our Websites or give us in any other way, such as via telephone, email, online or otherwise. For example, this information may be collected when you contact Customer Service for support purposes. We collect this personal information in order to offer services you have requested or which we believe are of interest to our customers, to manage relationships we have with our customers and partners, to perform activities on your behalf, and for the security of Galactic Crypto, our Websites, Services and customers. The following describes the types of personal information we collect:
Contact Information: We collect and retain personally identifiable information that you submit to us voluntarily and this includes, but is not limited to, your name, postal address (including billing and shipping address), telephone number and email address. For example, this contact information may be used to communicate with you with respect to transactions relating to the Services we provide. Additionally, we may collect contact information provided to us during any correspondence or telephonic contact relating to Customer Support, as well as in connection with the Services we offer and the Websites we operate.
Demographic Information: We may collect and store demographic information (such as your zip code, income, gender and age) and use this data to tailor your experience on our Websites, provide content that we think you might be interested in, perform general improvements to the Websites, and display the content according to your preferences. We may also anonymize this demographic data. Such demographic information may be shared with partners, market researchers and other third parties on an aggregate, non-personally identifiable basis. No personally identifiable information will be linked to such aggregated demographic information that is shared with third parties.
Other Information: We collect and store certain types of information whenever you interact with us. For example, our servers track the type of web browser you are using and the page from which you link. Additionally, we log IP addresses (a unique number assigned to every computer on the Internet) in order to improve security, analyze trends and administer the Websites. We may track your movement within the Websites, the third-party website pages from which you were referred, access times and browser types. We use this information to gauge the effectiveness of our Services, track information for statistical purposes and to improve our Services. We may use such information for marketing purposes, and to provide you with information we believe might be of interest to you. In addition, such information may be shared with partners, market researchers and other third parties on an aggregate, non-personally identifiable basis. No personally identifiable information will be linked to such aggregated information that is shared with third parties. We may supplement the information you provide us by acquiring publicly or commercially available information as is available in the public domain or from third parties, such as data brokers, business partners, payment and delivery services, and advertising networks, for instance, to verify your address, add a telephone number, or to update your information and to create a profile of your preferences. We tie your personally identifiable information to information in the profile, in order to improve the content of the Websites for you or to inform you about Services that we think may be of interest to you. From time to time, we may also ask you to participate in surveys or other communications conducted by us or third parties designed to help us improve the Websites or the Services we provide.
Cookies: The Websites may use “cookie” technology for such purposes as enhancing your online experience by making it easier for you to navigate through the Websites and making certain features work better. Cookies are text files which are commonly deposited by websites on a user’s hard drive when the user visits a website. The file identifies a user’s computer and can record the user’s preferences and other data about the user’s website visit. Your web browser may enable you to disable cookies, but please note that certain Services may not function correctly without it and your experience on our Websites may be reduced.
Third-Party Advertising Companies: We may use third-party advertising companies to serve ads on our behalf across the Internet. These companies may collect and use information about your visits to this Website and other websites and your interaction with our Services in order to provide advertisements about Services that may be of interest to you. However, we do not provide personally identifiable information (such as your name, address, email address or telephone number) in connection with third-party advertisements that will be connected with such information. Such third-party advertising companies may use information about your visits to this Website and other websites to target advertisements for our Services and they may keep track of user response to each advertisement. These targeted advertisements may appear on our Websites or on other websites that you visit. The anonymous information is collected through the use of a pixel tag or cookies, which are industry standard technologies used by most major websites. To learn more about the use of this information or to choose to not have this information used by certain third-party advertising partners, please visit the Network Advertising Initiative at or go to Please note that if you delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.
Web Beacons: The Websites may contain electronic images (called a “single-pixel GIF” or a “web beacon”) that allow a website to track the effectiveness of marketing campaigns. No personally identifiable information will be transmitted via web beacons.
Telephone Recording and Monitoring: To ensure that Galactic Crypto customers receive quality service, and for other operational and lawful purposes, we may record and/or monitor customers’ (and potential customers’) calls with our employees or agents. These calls between our customers (or potential customers) and our employees or agents may be evaluated by supervisors and/or other Galactic Crypto representatives. This is to ensure that prompt, consistent assistance and accurate information is delivered in a professional manner and for ongoing compliance purposes. We may also retain and use such recordings where necessary to protect our business, customers, or Services, or where required by applicable law. In contacting Galactic Crypto, creating an account with us, or by otherwise utilizing any Service, you hereby consent to any such call recording and/or monitoring. You should also note that when our Customer Service representative calls a customer (for instance, following a request for a return call), these outbound calls may also be recorded and monitored.
How We Use and Share Personal Information
We receive and store any personal information you enter on our Websites or give to us voluntarily in any other way, as well as information that we independently associate with you through publicly or commercially available sources that are available in the public domain or from third parties. We may use your personal information to contact you from time to time. We may also send you information or offers from time to time to the postal address or email address we have on file as further described herein.
Your Email Address: From time to time, Galactic Crypto may use your personal information to contact you by email concerning our Services. We may also send you promotional materials regarding offerings from affiliates and non-affiliated third parties whose services and products we think may be of interest to you. These email communications are often intended to inform you of important information regarding your account, or about general services provided by Galactic Crypto. If you do not want to receive email from us regarding our Services, please click the “unsubscribe” link which is included at the bottom of any email you receive from us. However, in order to fulfill our service obligations to you, we will continue to send you emails regarding your account administration, as well as any necessary information, such as renewal notices and instructions. By providing us with your email address you consent to receiving communications from us electronically and all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Telephone Number: By registering on a Website or providing your telephone number to us through other methods (for instance, during an inquiry you make to our Customer Service telephone line), you agree that this action constitutes a purchase, inquiry and/or application for purposes of telemarketing laws. Regardless of the fact that your telephone and/or mobile number may be listed with the Federal Do-Not-Call Registry or your State Do-Not-Call list, you are providing your express written consent to receive future information (including telemarketing) about products and services from us, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means we may contact you by e-mail, phone and/or mobile number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your wireless or other telecommunications device may be capable of receiving (i.e., video, etc.). You further acknowledge that you are not required to agree directly or indirectly or enter into an agreement regarding our telemarketing efforts as a condition of purchasing any Services from us.
Promotions: If you provide your name for a promotional offer, or to enter a sweepstakes or contest, and you win a prize, we may post a winner’s list online and/or offer such a list to those who request it by mail. Your name and city may be listed and we will file your name with governmental agencies if required by law.
Testimonials and Questions from Customers: From time to time we may include customers’ questions (or a summary) and our answers to those questions that we think may have interest or applicability to others. We will not disclose the customer’s full name but may use an abbreviated form, such as “Julie K.” Please note that Galactic Crypto is a financial publisher and therefore will not provide any responses that offer individual, personalized investment-related advice to subscribers, prospective subscribers or any other type of user. In addition, we may post customer testimonials on the Websites, in newsletters, or in other formats. Again, we will not disclose the customer’s full name but may use an abbreviated form as described above.
Agents and Service Providers: We engage other companies, individuals and affiliates of Galactic Crypto to perform certain functions and/or services for our customers. Examples may include processing credit card payments, providing marketing assistance and removing repetitive information from customer lists. Your contact and financial information may either be collected by or shared with such third parties as necessary to fulfill these functions and services, and in some cases, your information may be retained or used by such third parties to fulfill these functions and services. We contract with service providers to provide us with data collection and reporting services. When you visit our Websites, those service providers may collect information on our behalf about you in order to provide us with aggregated data about our customers and to assist us in conducting our business and delivering relevant services to our customers. If you would like to opt-out of the gathering of such information, you can disable your cookies that assist in the gathering of that data, but please note that certain services and functions of our Websites may not function correctly without cookies.
Service-Related Uses: We may use your personal information to contact you about the Services you have purchased, used or otherwise accessed, or for other purposes in which you have expressed an interest. For example, we will also provide you with announcements or updates relating to the Services and your account, such as if the delivery of a Service is delayed. In such an instance, we may send you an email or other message regarding such delay. Generally, you may not opt out of these communications, which are not promotional in nature.
Protection of Galactic Crypto and Others: We may release account and other personal information when we are required to do so by law, court order, subpoena or other government or law enforcement authority or regulatory agency, in order to enforce or apply our Agreement or other agreements, or when we believe in good faith that disclosing this information is necessary or advisable, including for example, to protect the rights, property, or safety of Galactic Crypto, our customers and users, or others. This includes exchanging information with other individuals, companies and organizations for fraud protection, credit risk reduction or other similar purposes.
Terms and Conditions/Point of Collection: We may also disclose information about you as otherwise permitted under our Agreement or as specifically disclosed when we collect information from you.
Change in Business Ownership or Structure
If the ownership of all or substantially all of Galactic Crypto’s business changes, or we undertake a corporate reorganization (including, but not limited to, a merger or consolidation), or a potential sale of some or all of our business or assets, or there is an event of insolvency, bankruptcy, receivership or pledging of assets, or there is any other action or transfer between or among Galactic Crypto and its affiliates, you expressly consent to Galactic Crypto transferring your information, including your personal information, to the prospective or actual new owner or successor entity. Also, information about our subscribers and users, including personal information, may also need to be disclosed in connection with a commercial transaction seeking financing, investment, support or funding.
Third-Party Services and Websites
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Google, Microsoft, or any other app developer; app, social media platform, operating system or wireless service provider; or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with any of our software applications made available by us for use on or through computers and mobile devices.
Limitation of Liability
Choices and Opting Out
You may opt out of marketing communications from us by contacting Customer Support or opting out from the opt-out link in any marketing email we send to you. We give you choices regarding our use and disclosure of your personal information for marketing purposes.
You may opt out from:
Receiving text alerts from us that you previously opted in to receive. You can unsubscribe from delivery of our text alerts by following the instructions in any such text messages.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.
Accessing and Updating Personal Information
Data Security and Integrity
Galactic Crypto has reasonable security policies and procedures in place to protect personal information within our organization from unauthorized loss, misuse, alteration or destruction. Unfortunately, security cannot be absolutely guaranteed against all threats. Please be advised that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures. You can further help to ensure your security by taking a few simple precautions. Do not include any personal information in any username or password or in any chat group or message board that you access through the Services. In addition, in order to protect against unauthorized access to your computer and to any Galactic Crypto username and password, you should sign off when you are finished using a shared computer, and not share your Galactic Crypto username and password. If you have reason to believe that your interaction with us is no longer secure, you are required to notify us in accordance with the “Contacting Us” section below.
Use of Services by Minors
Your California Privacy Rights
Subject to the terms herein regarding a change in business ownership or structure, we do not share personal information (as defined by California Civil Code Section 1798.83) collected by us for the Services we provide you with third parties for their direct marketing purposes without giving you the opportunity to opt in or opt out as more fully described above in the “Choices and Opting Out” section. If you are a California resident, you may request information about our compliance with California law by emailing us at or by sending a letter to Galactic Crypto 30N. Gould St. Suite 1838 Sheridan, WY 82801, Attention: Legal Counsel. Any such request must include “California Privacy Rights Request” in the subject line and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this designated email address or mailing address.
California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how Galactic Crypto responds to "Do Not Track" browser settings. Galactic Crypto does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
Claims of Copyright and Trademark Infringement
If you, a user (“you”) of any GALACTIC TRUST, dba Galactic Crypto (“we”, “our” or “us”) website, software, solutions and tools, mobile applications and other online offerings and services (collectively, “Sites”) believe that your intellectual property is being used on any Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) with a notice setting forth the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”)):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website, including any applicable copyright registration number;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Site;
Information sufficient to demonstrate that you are the owner of the copyrighted work or an authorized representative of such owner;
Include the following statements:
“I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”; and
“The information in the notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The foregoing notice must be sent to our Designated Agent, whose contact information is as follows:
Designated Agent telephone at (307) 343-4684
Send via email at
or U.S. Mail at Copyright Agent , 30 N. Gould St. Sheridan, WY 82801
Remember, only the copyright owner or their authorized representative may file a report of copyright infringement. If you believe something on the Sites infringes someone else’s copyright, you may want to inform the rights owner. Please note that Section 512(f) of the DMCA may impose liability for damages on any person who knowingly sends meritless notices of infringement. Any information or correspondence that you provide may be shared with third parties, including the person who provided the alleged infringing material. Upon receipt of a bona fide notice containing all of the information referenced above, we will review the notice and if we determine that an infringement has occurred, we will take appropriate actions, including, notifying the user that posted the offending material and removing or disabling access to the infringing material. If the user that posted the offending material is a repeat offender or has otherwise violated our user policies, we may decide to terminate that user’s access to our Sites.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a counter-notice that includes the following information:
Identification of the copyrighted work that was removed, and the location on the Sites where the material would have been found prior to such materials removal;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address, if different from the information you provided in your user account; and
Include the following statement:
“Under penalty of perjury, I have a good faith belief that the content was removed as a result of a mistake or misidentification.”
Upon receipt of a counter-notice by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it within ten (10) business days and unless the copyright owner files an action seeking a court order against the alleged infringing user, we may replace and cease disabling access to such removed material between ten (10) and fourteen (14) business days after our Designated Agent receives the counter-notice.
TERMS & CONDITIONS
SOME OF THE SERVICES ARE DELIVERED ELECTRONICALLY, AND MAY INCLUDE ELECTRONIC TRANSACTIONS. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU WILL BE BOUND BY ANY ELECTRONIC SUBMISSIONS, COMMUNICATIONS OR TRANSACTIONS MADE USING YOUR CREDENTIALS (DEFINED BELOW), INCLUDING YOUR ACCEPTANCE OF THIS AGREEMENT, AND YOU CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US, INCLUDING, BUT NOT LIMITED TO, NOTICES OF CANCELLATION AND RENEWALS, POLICIES, CONTRACTS AND APPLICATIONS.
1. CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to change, modify and/or revise this Agreement (including any Annex) at any time. Any such changes are effective immediately upon our posting of the amended Agreement or other notice to you. You agree that your continued use of the Services following such posting constitutes acceptance of the Agreement as amended. Note that when we add or modify a Premium Service (defined below), we may modify this Agreement with respect to such Premium Service. If you have the Agreement cached on a browser, the applicable Agreement is the most recent version of the Agreement that appears on a non-cached browser. You should review the Agreement on our Platforms (defined below) frequently.
2. THE SERVICES
The Services include our written and digital publications and materials, websites (including, but not limited to, cryptoinvestorsecrets.com galactic-crypto.com ), mobile applications and all other online and other platforms (collectively, the “Platforms”), all Content (defined below) displayed on or delivered through the Platforms, and memberships (collectively, the “Services”). “Content” means data, information, research, e-letters, newsletters, digests, articles and blogs, news aggregate services, emails, images, graphs, videos, podcasts, webinars, conferences, books, audio (including, but not limited to, access to conference calls), software, analytic tools, and any visual, audial or digital content made available on or through a Platform. The Services include certain Services provided free of charge (“Free Services”) as well as Services for which you must pay a one-time fee, subscription fee, maintenance fee or other fee in order to have access, including, but not limited to, premium Content and memberships (collectively “Premium Services”). The terms of this Agreement apply to both Free Services and Premium Services (except where indicated below that the relevant terms apply only to a designated Premium Service). For the avoidance of doubt, this Agreement applies to Services that are made available on a Platform that may be accessed only by a User to whom we have issued Credentials (defined below), as well as those Services made available by email, through Platforms that do not require Credentials, or through other processes.
This Agreement applies to all Services, whether purchased or used separately or as part of a membership package or any solution or bundled package of Services. If you purchase or use Services that are sold or otherwise provided together as a solution or bundled package (as opposed to your purchasing or using Services separately), termination of any part of the Services will result in the termination of all Services provided as part of the solution or bundled package. See the Section 12 for additional details on this subject.
1. DISCLAIMERS CONCERNING THE CONTENT WE PROVIDE
You acknowledge and agree to the following:
Galactic Crypto is a publisher of financial information, not an investment adviser. We rely upon the “publisher’s exclusion” from the definition of investment adviser under Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and corresponding state securities laws. We do not provide personalized or individualized investment advice. Any information provided as part of the Services is impersonal and not specific to any person’s investment needs. You acknowledge and agree that no Content published or otherwise provided as part of any Service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing or selling any particular investment, security, portfolio, commodity, transaction or investment strategy. To the extent that any of the Content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person;
None of our personnel, including, but not limited to, editorial staff, employees or independent contractors (collectively, “Our Representatives”), will provide you with personalized advice regarding the value or suitability of, or advisability of investing in, purchasing or selling, any particular investment, security, portfolio, commodity, transaction, investment strategy or any other matter, and you further agree not to request or contact us for such advice;
From time to time the Services provide the opinion and commentary of Our Representatives, as well as well as opinion and commentary of third parties that are not controlled by Galactic Crypto, including, but not limited to, interviewees, guests, analysts and other third-party Content providers (collectively, “Outside Contributors”), as well as opinions and commentary provided in the products and services of our affiliates. The Services may contain opinions and commentary with regard to investments that may differ from opinions and commentary provided by and in other Services, Outside Contributors and/or our affiliates. The Services and/or Content are not to be used or construed as a recommendation or offer to buy or sell, or a solicitation of an offer to buy or sell, any security, company, financial product or instrument, or to participate in any particular investment strategy, by any of the Galactic Crypto Entities (defined below) or any third party. The Services and all Content are for informational purposes only and are not intended to provide you with tax, legal, investment or accounting advice. None of Galactic Crypto Entities shall be liable for any investment decisions based upon or results obtained from the Services and/or Content. Trading in investments involves risk and volatility, and any of the investments discussed in the Services may lose their value after purchase. Past investment results are not necessarily indicative of future performance;
Although we have certain trading restrictions for Our Representatives relating to investments or securities that are recommended in the Services, from time to time, one or more Outside Contributors or their affiliates may have a position in the investment or securities written about in the Services. In cases where the position is held at the time of publication, Outside Contributors may make a related disclosure; however, Galactic Crypto has no duty or obligation to investigate or determine whether Outside Contributors or their affiliates hold a position in an investment or security written about in the Services or to ensure that Outside Contributors make any such disclosure. In addition, Outside Contributors may be subject to certain restrictions on trading for their own account. In addition, certain of Our Representatives and other persons from our affiliates may, from time to time, have positions in, or buy or sell, the investments, securities or derivatives thereof that are referenced in the Content and may take positions inconsistent with the views expressed therein;
Where Services and/or Content provided by Galactic Crypto consists of pricing or performance data, such data has been obtained from third-party sources reasonably believed to be reliable. However, the accuracy, completeness or timeliness of any such data or data calculations are not guaranteed by the Third-Party Providers (defined below) of such data or by Galactic Crypto, or any other third party. You acknowledge and agree that we do not have control over the quality, accuracy, completeness, veracity or legality of Content provided by Third-Party Providers and Outside Contributors;
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon;
When U.S., international, cryptocurrency and/or other similar exchanges are open, any quotes that we may provide through our Platforms are delayed (other than those obtained through any real-time quote services we make available to users of certain Services). When such exchanges are not open, quotes are only current as of the close of the last day of trading. You acknowledge and agree that neither Galactic Crypto nor any Third-Party Provider of these quotes or related data shall be liable to you or any third party for any damage or loss resulting from your reliance or trading on the quotes, information or data contained or referenced in the Content or Services;
To the extent any of the Services involve a model portfolio of investments, such portfolio provides investment ideas and/or provides information regarding investments, and is chosen by Our Representatives or Outside Contributors in accordance with our or their stated investment strategy and is for informational purposes only. Your actual results may differ from results reported for the portfolio for many reasons, including, but not limited to, trading commissions or pricing differences due to timing of a purchase or sale of an investment in the portfolio; and
The information, research and opinions and other Content that Galactic Crypto provides as part of the Services are obtained or derived from sources believed to be reliable, but we cannot guarantee their accuracy and completeness nor the opinions based thereon. You should not rely solely upon such information, research and opinions for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified investment professional before you make any investment. None of the information provided as part of our Services constitutes, or is intended to constitute, a recommendation by us of any particular security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy is suitable for any specific person. Investing in securities or other investments, including those chosen in any of Galactic Crypto model portfolio products or in any of the other Services, is speculative in nature and involves substantial risk of loss of the money invested.
1. CONTENTWe reserve the right to change, modify or discontinue any Content or any portion or feature of the Services. Such changes may include, but are not limited to, adding or removing particular Outside Contributors or Our Representatives, ceasing to provide access to a Service (and/or providing an alternative Service to you as a replacement), or changing the terms of engagement for a Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that Galactic Crypto shall not be liable to you or any third party for any such change or modification of the Content and/or Services and that your continued use of the changed or modified Content and/or Services, and/or continued access to the changed or modified Content and/or Services, constitutes your acceptance of any such changes or modifications.
Certain Content or other features of the Services may also have their own specific terms and conditions that you agree to when you sign up for, or use, that particular product, function, or service (“Specific Terms of Service”). Specific Terms of Services may be described in an Annex to this Agreement and/or may be provided to you through the Services at the time you elect to sign up for, or use, that particular Service. Each Specific Terms of Service supplements and is made part of this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable Service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.
1. LICENSE; USER REPRESENTATIONS AND WARRANTIES
LICENSE TO USE THE SERVICES
Galactic Crypto grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Services, and to use the Content provided within each Service, in each case solely as expressly permitted hereunder and solely for your own personal, non-commercial purposes. Your right to use the Content is limited to downloading and/or printing one (1) copy of any Content for your own personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by accessing or using the Services or Content. In no event shall you use any Content available through the Services for any other purpose, or provide access to any Service, or copy, disclose, share or redistribute any such Content to any third party for any other use. Galactic Crypto reserves all rights not expressly granted in and to the Services and/or the Content.
USER REPRESENTATIONS & WARRANTIES AND USE RESTRICTIONS
In consideration of your use of the Services and/or the Platforms, you hereby represent and warrant as follows (whereby you agree that your failure to perform these responsibilities shall be deemed a material breach of this Agreement):
You can form legally binding contracts under applicable law and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions;
You are at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with Galactic Crypto, and are responsible for supervising the activities of any under-age User;
To your knowledge, there is no action, proceeding or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement;
Entering into this Agreement or otherwise purchasing, using or accessing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default or result in a termination of, any agreement or instrument to which you are a party;
You have taken all actions required by applicable law and have obtained all consents which are necessary to authorize or enable you to enter into this Agreement and/or purchase, use or access the Services;
You will provide/maintain your User Account with current, accurate and updated information for registration purposes and for our use in contacting you regarding the Services and otherwise for notices and/or updates from us, and you will check such points of contact frequently throughout the term of this Agreement for notices and/or updates from us;
You shall not use the Services in any manner that either directly or indirectly infringes any rights of Galactic Crypto or any third party;
Your use of the Services will in all respects conform to all applicable laws, rules and regulations and you accept sole and absolute liability for harm caused by the wrongful use of the Services;
You agree not to engage in any of the following prohibited activities: (A) copying, republishing, re-purposing distributing or disclosing any part of the Services and/or Content, in any medium, including, but not limited to, by any automated or non-automated “scraping”; (B) using any automated system, including, but not limited to, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Galactic Crypto servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Galactic Crypto grants the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (C) transmitting spam, chain letters or other unsolicited communications; (D) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Services; (E) taking any action against condition(s) that imposes or may impose an unreasonable or disproportionately large load on our infrastructure based on our sole discretion; (F) uploading invalid data, viruses, worms or other software agents through the Services; (G) collecting or harvesting any User’s personal information from the Services; (H) using the Services for any commercial solicitation purposes; (I) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (J) interfering with the proper working of the Services; (K) restricting or inhibiting any other User from using the Services, including, but not limited to, by means of “hacking” or blocking access to any portion of our Platform; (L) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; (M) bypassing the measures we may use to prevent or restrict access to the Services, including, but not limited to, features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein; (N) disclosing or sharing Credentials; (O) modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any parts of the Services; (P) framing or linking to any information or Content on the Services; (Q) posting or submitting any inaccurate, incomplete or false biographical information or another person’s information; or (R) posting or submitting any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening or obscene as determined by Galactic Crypto in its sole discretion;
You are solely responsible for all statements made and acts or omissions that occur on your User Account;
A maximum of three simultaneous log-ins are allowed per User Account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (g., computers, tablets, mobile devices, etc.);
You agree that you are solely responsible for contacting us, consistent with and pursuant to the terms of this Agreement, with notice of your decision to cancel or discontinue the Services. IF NO SUCH NOTIFICATION IS GIVEN TO US BY YOU, WE WILL ASSUME YOU ARE SATISFIED WITH AND ACCEPT ALL SERVICES, AND WE WILL BILL ANY RELATED SERVICE FEES DIRECTLY TO YOUR PAYMENT ACCOUNT (DEFINED BELOW).
We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof for any reason, with or without notice and without any liability to you or any third party, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse in your use of the Services, if we believe that such suspension or termination is necessary for the security of the Services, Content or any User Data (defined below), or for no reason.
You are solely responsible for your interactions, if any, with other Users. We reserve the right, but have no obligation, to monitor communications and disputes between you and other Users. Galactic Crypto shall have no liability for your interactions with other Users, or for any User's action or inaction. Galactic Crypto shall have no obligation to you to enforce this Agreement against any other User.
You shall be responsible for obtaining the requisite communication lines and internet connections to interface with the Services and you shall bear all risks of failing to make concurrent modifications to your devices and equipment.
You expressly waive any and all rights against Galactic Crypto and hold us harmless in connection with any claims relating to any action taken by us as part of our investigation or remediation of a suspected violation or result of our conclusion that a violation of this Agreement has occurred, including, but not limited to, the suspension or termination of your User Account.
1. REGISTRATION AND PRIVACY
In order to access certain Services, you must apply and register for an account for the Service (“User Account”). When you register for a User Account, you will be issued a user ID, associated password, or other login credentials (“Credentials”), which will be assigned specifically to you. Galactic Crypto, in its sole discretion, may deny User Account registration to you for any or no reason.
Unless otherwise provided in this Agreement, you may only activate one (1) User Account. Galactic Crypto may rely on the accuracy of such information provided by you in your User Account and on any activity on the Service conducted through the use of Credentials.
You are solely responsible for maintaining strict confidentiality of your Credentials and ensuring that Credentials are used only by you and not used by or disclosed to any third party. All Users must keep their User Account passwords secure and we encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols). You must immediately notify Galactic Crypto by calling us or emailing us at (or other email address we designate) when you become aware of any possible unauthorized use of your User Account, or any possible breach of security, including loss, theft or unauthorized disclosure of your Credentials. Upon receipt of the foregoing notice, Galactic Crypto may, in our sole discretion, undertake commercially reasonable efforts to suspend or disable the applicable Credentials and you shall be responsible for any actions taken prior to such notification. You are solely responsible for all activities that occur under your User Account whether by you or any other person who gains access to the Service by use of your Credentials or otherwise as a result of your failure to use reasonable security precautions. You agree that in no event shall Galactic Crypto be responsible for any losses directly or indirectly caused by the unauthorized use or misuse of your User Account or Credentials. You are not permitted to transfer to or re-sell your use of or access to the Services or Content to any third party.
2. TERMS APPLICABLE TO PREMIUM SERVICES THE FOLLOWING PROVISIONS APPLY ONLY TO PREMIUM SERVICES. YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE TO A PREMIUM SERVICE.
SUBSCRIPTIONS, FEES AND PAYMENTS
Premium Services are made available on a subscription basis. As consideration for the Premium Services you purchase you agree to promptly pay Galactic Crypto all applicable prices and fees (collectively, the “Fees”) as designated in the related order process, with such Fees subject to change as provided in this Agreement. All Fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided in this Agreement, as required by applicable law, or as such Fees are billed by us under an invoice or order confirmation for Premium Services issued to you that expressly permits payment within thirty (30) days (or other time period if so expressly provided) after we have sent you such invoice or order confirmation.
We reserve the right, in our sole discretion, to change or modify the Fees, charges or other conditions for use of the Premium Services upon reasonable notice to you. You are responsible for the payment of, and accordingly agree to promptly pay, all applicable taxes (other than based on Galactic Crypto income) relating to the Services or payments made by you hereunder including, but not limited to, sales tax, use tax, value added tax (“VAT”), and other taxes and governmental charges, whether federal, state or foreign as well as all duties and charges on your payment for the purchase of Premium Services arising from any Fees. All payments of Fees shall be made in U.S Dollars. Taxes will be calculated based on where you receive services determined by your User Account address. All taxes charged will be reflected in your invoice upon payment.
Our transaction processing is supported only in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. If the currency of your bank or credit card account is not in U.S. dollars, you may be charged exchange rate conversion fees by your bank or credit card company. In addition, due to time differences between (i) the time you complete the checkout process; (ii) the time the transaction is processed; and (iii) the time the transaction posts to your bank or credit card, the conversion rates may fluctuate and we make no representations or warranties that (a) the amount submitted to your bank or credit card for payment will be the same amount that is posted to your bank or credit card statement or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank or credit card statement, and you agree to waive any and all claims against Galactic Crypto based upon such discrepancies (including any and all claims for a refund based on the foregoing). You acknowledge and agree that you may be charged VAT based on the country indicated in the User Account’s address information associated with your account.
Unless otherwise stipulated in the related order process, payment for the Premium Services are to be made via a charge to your credit card, bank account, or other payment methods we deem acceptable that you provide to us (the “Payment Account”). You are solely and absolutely responsible for any information related to the Payment Account that you provide to Galactic Crypto and must promptly inform us of any changes or updates to the method of payment. By submitting an order to purchase a Premium Service, you authorize us to charge the order to the Payment Account or to otherwise immediately bill you for such Premium Services. You acknowledge and agree that unless otherwise expressly stated in the order process or otherwise changed afterwards in accordance with the applicable process, all annual, monthly or other recurring Fees related to the Premium Services or otherwise referenced in this Agreement are to be recurring transactions that will be billed on an ongoing basis until such Premium Services are terminated in accordance with this Agreement. If you have provided billing information sufficient for automatic billing, then we will bill you automatically in accordance with the applicable billing frequency. You are obligated to pay for the full amount of the Agreement, even if such full amount is scheduled to be paid in installments. If you elect to pay for the Premium Services in installments, provided such a payment schedule is expressly permitted and accepted by us, all installments must be received on or before the applicable due date.
You agree to pay all Fees and other charges incurred in connection with your Payment Account (including, but not limited to, any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. Without limiting any of Galactic Crypto rights hereunder, should any Fee payment become delinquent, we may suspend or cancel your Services; provided, however, related charges will continue to accrue. You acknowledge and agree that Galactic Crypto is not responsible whatsoever for any effect the suspension of Services might have on you or any third party. If Galactic Crypto provides any Service discount to you and you default on payments or obligations as outlined herein, Galactic Crypto may rescind all discounts and require full payment for the Services. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. Galactic Crypto further reserves the right to refer any amounts owed hereunder to a third party for collection in the event of default. In the event your account is sent to collection, you agree to pay all costs of collection, including costs, litigation and attorneys’ fees. A collection fee may be charged for all dishonored checks. Moreover, an additional fee may also be assessed for the following reasons: (i) late payment; (ii) payment with insufficient funds; (iii) denied or invalid credit card number; or (iv) the re-starting or reinstating of Services terminated for nonpayment. Galactic Crypto will re-start or reinstate any such Service in our sole and absolute discretion and subject to our receipt of the applicable Fee.
If you pay for the Services by credit card or other applicable method, you permanently and irrevocably waive any and all right to enact an improper “chargeback” (that is, a disputed, reversed or contested charge with the applicable bank card, credit card or other payment method) against these Fee payments for any reason whatsoever against Galactic Crypto. If for any reason Galactic Crypto is unable to charge your Payment Account for the full amount of the Fee owed for the Services provided, or if we receive notification of an improper chargeback, reversal, payment dispute or are charged a penalty for any Fee previously charged to your Payment Account, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any or all of your Services. We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for (i) additional tasks we may perform outside the normal scope of the Services; (ii) additional time and/or costs we may incur in providing the Services, and/or (iii) your noncompliance with this Agreement (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) recouping any and all costs and fees incurred by Galactic Crypto as the result of improper chargebacks or other payment disputes brought by you, your bank or other payment method processor. These administrative fees or processing fees will be billed to the Payment Account you have on file with Galactic Crypto. Information regarding current subscription rates for our Premium Services can be found on the applicable Premium Service’s webpage and/or by contacting our Customer Service Department at 307.343.4684 Monday through Friday between the hours of 9:00 a.m. and 9:00 p.m.
YOU UNDERSTAND AND AGREE THAT ALL FEES ARE NONREFUNDABLE AND THAT GALACTIC CRYPTO MAY CHANGE ANY PRICE, FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT.
TERM; SUBSCRIPTION RENEWALS
Your subscription will continue for the period referenced during registration (the "Term"), and renew automatically at the end of the Term, unless you notify us that you are not renewing your subscription by calling our Customer Service Department at 307.343.4684 Monday through Friday between the hours of 9:00 a.m. and 9:00 p.m. ET, by emailing us at (or other email address we designate) or by another designated cancellation method. You must notify us by using one of the foregoing methods at least one day before the renewal date in order to avoid being charged for the renewal of your subscription. You may not notify us of a decision not to renew your subscription by any other means. No action by you or your failure to notify us as stated above will result in the then-applicable monthly, periodic or annual subscription Fee being billed automatically to your Payment Account. Please note that in connection with recurring billing for subscription renewals for such Premium Services, you authorize Galactic Crypto to bill the payment method(s) associated with your Payment Account, regardless of whether information associated with your subscription has changed, such as the expiration date of the credit card with which you initially subscribed.
Services to which you subscribe to on a recurring basis will automatically renew on a recurring basis until the Agreement is properly terminated in accordance with its terms. You agree that if you are enrolled in or otherwise utilizing our automatic renewal service, we will attempt to renew your service at some point less than ninety (90) days prior to its expiration with notice to you. You further agree that, to turn off the automatic renewal service for any of your Services, you must call our Customer Service Department by telephone at 208.991.2538 Monday through Friday between the hours of 9:00 a.m. and 9:00 p.m. ET, or you may be able to turn off the automatic renewal Service through the online account associated with your Services. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then current term of the Services, and that we are authorized to charge your Payment Account for the renewal of the Services. In any event, you are solely and absolutely responsible for the credit card or payment information you provide to Galactic Crypto and must promptly inform us of any changes thereto (e.g., change of expiration date or account number). You acknowledge and agree that Galactic Crypto may extend the expiration date on your credit card on file with us in order to protect against unwanted expiration of your Services and to allow for the automatic renewal thereof.
In the event that you are not enrolled in our automatic renewal service, or have opted out of the automatic renewal service, and want to renew your Services, you acknowledge and agree you are responsible for actively renewing your Services and you further assume all risk and consequences of not enrolling in the automatic renewal service. If any Service is not successfully renewed prior to the expiration of its then current Term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed. You are solely and absolutely responsible for ensuring the Services are renewed. We shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the Services whether due to you, us or a third party. In order to process a renewal under our automatic renewal service, we may receive information from financial institutions or use third-party vendors for the purpose of updating the expiration date and account number of your credit card or other payment method on file relating to you Payment Account. Such financial institutions and third-party vendors maintain relationships with various credit card issuers and may be able to provide us with the updated information relating to your Payment Account by comparing the information we have on file with the information the financial institution or third-party vendor has on file. By using our automatic renewal service, you acknowledge and agree that we may share your credit card or other payment method information relating to your Payment Account with such financial institutions or third-party vendors for the purpose of obtaining any updates to your credit card expiration date, account number or any other information relating to your Payment Account.
To cancel certain purchases of Galactic Crypto products or Free Services, you may cancel by changing your preferences in your User Account, contacting us by email at , or by another designated cancellation method. Please note that if you cancel your subscription at any time after the first three (3) day period of your initial subscription, you will not be entitled to any refund or reimbursement on account of the cancellation of your subscription, regardless of whether you have used your subscription.
You can cancel your subscription by calling our Customer Service Department at 307.343.4684 Monday through Friday between the hours of 9:00 a.m. and 9:00 p.m. ET or by any other designated cancellation method. You may not cancel a subscription by any other means. If you are entitled to a refund, we will seek to credit your Payment Account within seven to fourteen (7-14) business days following your mandatory notification to us.
If you order any Services by telephone and do not agree to be legally bound by this Agreement at that time, you must notify Galactic Crypto within seventy-two (72) hours from the time that Galactic Crypto has sent you an introductory e-mail to your User Account e-mail address on record, that you desire to cancel such Services, whereby the Services will be cancelled, and a refund of any payments or Fees already paid to Galactic Crypto with respect to the order of the Services will be issued, with no further obligation by either us or you.
1. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
Except as otherwise set forth herein, all right, title and interest in and to: (A) the Services and the Content; (B) all registered and unregistered trademarks, service marks and logos; (C) all trade secrets, proprietary information, our confidential information, and know-how; (D) all registered and unregistered copyrights including, but not limited to, any text, video, audio, forms, images, displays, and software; (E) Processed Data (defined below); (F) Activity Metadata (defined below), (G) Feedback (defined below), and (H) all other intellectual property, proprietary rights or other rights related to tangible or intangible property which are used, developed, comprising, embodied in or practiced in connection with any of the Services identified herein (collectively, “Galactic Crypto Intellectual Property Rights”) are owned by Galactic Crypto and/or its Outside Contributors, and you agree to make no claim of interest in or ownership of any such Galactic Crypto Intellectual Property Rights. You acknowledge and agree that no title to the Galactic Crypto Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in any of the Services, other than the rights expressly granted in this Agreement. The right, title, and interest to the User Data is owned by you.
Except as otherwise provided herein, you may access and use the Content, and download and/or print out one copy of the Content solely for your personal, noncommercial use, provided that any material copied remains intact and includes the following notice: “Copyright [applicable year]. Galactic Crypto. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of the Content, is prohibited without our prior written permission. That means you may not sell, transfer or barter your subscription, our Services or Content, or any individual publication. You acknowledge and agree that you do not acquire any ownership rights in the Content by using the Services. You agree not to create any modification or derivative work based on or containing the Services and/or Content.
"Galactic Crypto” and certain other marks used on the Services are trademarks and/or service marks of Galactic Crypto. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.
If you provide any feedback or suggest any changes or modifications to any Service (“Feedback”), Galactic Crypto will own all right, title, and interest in, and shall have all rights to use, such Feedback. You hereby irrevocably assign to us all right, title, and interest in and to the Feedback and agree to provide us any assistance we may require to document, perfect and maintain our rights in the Feedback. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Service. You agree that any derivative or transformed data derived by us in whole or part from User Data that does not include your personal information (“Processed Data”) shall be the exclusive property of Galactic Crypto, and nothing herein shall limit our use or exploitation thereof.
You acknowledge and agree that we have the right, but do not have the obligation, to access, archive or monitor metadata generated by your activity in using the Services, including as reasonably necessary to operate, maintain, improve and develop the Services and provide the Services to you or other Users, including to ensure service quality, to evaluate and maintain the Services and the security thereof, and to evaluate compliance with this Agreement, applicable laws, rules or regulations (“Activity Metadata”).
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please notify us as set forth in our DMCA Policy.
2. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (AND ANY RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS) IS SOLELY AND ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICES (AND ANY RELATED CONTENT) ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GALACTIC CRYPTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OUTSIDE CONTRIBUTORS, THIRD-PARTY PROVIDERS, CONTRACTORS, SUPPLIERS, LICENSORS, ADVERTISERS AND AGENTS (COLLECTIVELY, THE “GALACTIC CRYPTO”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
THE GALACTIC DIGITAL ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY THAT YOUR USE OF THE SERVICES AND/OR ANY CONTENT OBTAINED THEREBY WILL BE COMPLETE, ADEQUATE, TIMELY, ACCURATE, UNINTERRUPTED, ERROR- FREE OR SECURE, OR THAT THE SERVICES OR THE SERVERS ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES, WORMS, MALICIOUS CODE, TROJAN HORSES, MALWARE OR OTHER HARMFUL COMPONENTS. THE GALACTIC CRYPTO ENTITIES DO NOT WARRANT AND ACCEPT NO LIABILITY FOR ANY SOFTWARE DOWNLOADED FROM, OR USED AS A COMPONENT OF, THE SERVICES. NO OPINION, ADVICE OR STATEMENT OF THE GALACTIC CRYPTO ENTITIES, WHETHER PROVIDED THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. GALACTIC CRYPTO ENTITIES FURTHER DISCLAIMS ALL WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, AND GALACTIC CRYPTO DOES NOT MAKE ANY GUARANTEE OR WARRANTY AS TO ANY RESULTS (INCLUDING, BUT NOT LIMITED TO, ANY INVESTMENT RESULTS, RETURNS, PERFORMANCE OR OTHER OUTCOMES) THAT MAY BE OBTAINED FROM THE USE OF, IN CONNECTION WITH OR IN FULL OR PARTIAL RELIANCE UPON, THE SERVICES.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
3. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE GALACTIC CRYPTO ENTITIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT PROVIDED BY OUTSIDE CONTRIBUTORS, FOR ANY LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE OR LOSS OF DATA, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT THE GALACTIC CRYPTO ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED "INDEMNIFICATION" (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. YOU AGREE THAT, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL GALACTIC DIGITAL ENTITIES TAKE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT OR OTHERWISE — EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR ACCESS TO AND USE OF THE SERVICES DURING THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
The commencement of any action or proceeding on any claim regarding the Services must be brought by you within one (1) year from when the claim arose. The foregoing limitation shall not apply to actions brought by you for indemnification.
You agree to indemnify, defend and hold harmless the Galactic Crypto Entities, their current and former officers, directors, employees, agents and representatives and their successors and assigns from and against any and all liabilities, claims (including, but not limited to, third-party claims), damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from:
Your breach of your warranties, representations and obligations under this Agreement;
Your failure to perform in accordance with this Agreement;
Your use of the Services in any way other than its normal way or in a way not required or recommended by us;
Your violation of the rights of any third party;
Your registration or use of a User Account; or
the actual or alleged infringement of any third-party proprietary or intellectual property right arising out of the unauthorized use of the Services.
1. 12.If any Service which is subject to this indemnity is claimed, alleged or determined to infringe a patent issued to, or a copyright registered by, or either owned by or licensed to, any third party, Galactic Crypto shall have the right and option to modify the Services to avoid such infringement. If, in our sole opinion, such modification cannot practically be accomplished to avoid such infringement, we shall have the right to terminate this Agreement without liability on the part of any Galactic Crypto Entities to you. In the event your purchase of a Premium Service is terminated under this paragraph, we will refund to you the full price for any unused portion of such Premium Service. In such an event, Galactic Crypto Entities shall have the right in our sole discretion to elect to defend against or to settle any such third-party claim or third-party suit. You shall, at Galactic Crypto request, but at our expense, cooperate with us and provide assistance and information with respect to any such claim or suit. We shall have the right to select counsel, at our expense, to defend against any such claim or suit. If you shall also elect to be represented by your chosen counsel, you shall pay the fees and expense of such counsel. You must receive Galactic Crypto’s prior written consent regarding, and in advance of, any related settlement.
This defense and indemnification obligation shall survive this Agreement and your use of the Services.
Without limiting the foregoing, Galactic Crypto may terminate this Agreement immediately for any or no reason and with or without notice to you (including by terminating your User Account, Credentials and/or access to any Service) if: (i) Galactic Crypto reasonably believes that the Services are being used in violation of this Agreement or applicable law; (ii) Galactic Crypto believes your use of any Service interferes with the normal operations of the Service or creates any threat to the security of the Service, Platform, or the Content of any other User of the Service; (iii) Galactic Crypto becomes aware of what it, in its sole discretion, deems a credible claim that the Service or any portion thereof infringes upon the intellectual property rights of a third party; (iv) Galactic Crypto is required to do so by law; (v) in the case of Free Services, Galactic Crypto reserves the right to terminate User Accounts related to Free Services that remain idle for a period of thirty (30) days or more; or (vi) in the event you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any Fees payable to Galactic Crypto. If you have questions about a payment made to us, contact our Customer Service Department by telephone at 307.343.4684, Monday through Friday between the hours of 9:00 a.m. and 9:00 p.m. ET before filing a chargeback. Galactic Crypto reserves our right to dispute any chargeback. For the avoidance of doubt, if you purchase Premium Services which are sold together as a solution or bundled package of Services, any termination relating to any one Service or bundled package will terminate all Services included in such solution or bundled package, provided, however, that we may, in our sole discretion and subject to your agreement to be bound by this Agreement and to pay the applicable Fees, allow you to convert certain Services included in the bundled Services to stand-alone Services.
Without limiting Section 7(C), you may terminate the Agreement at any time, except that such termination does not relieve you from your obligation to pay any Fees for Premium Services for the remainder of the applicable Term.
EFFECT OF TERMINATION
Upon the effective date of termination, Galactic Crypto will no longer provide the Services to you, any licenses granted to you will immediately terminate, and you must cease using such Services immediately, and all rights and obligations of the parties hereunder shall terminate, except that Sections 2, 3, 4, 5.B, 6.B, 8, 9, 10, 11, 12, 13, 15 and 17, as well as any right or obligation in the Agreement, which, by its express terms or nature and context is intended to survive expiration or termination of this Agreement, shall survive expiration or termination of this Agreement.
User agrees that if their User Account is so terminated pursuant to Sections 12(A)(i)-(iii), the User will not attempt to establish a new User Account or otherwise engage in infringing our copyrights or other intellectual property rights under any name, real or assumed.
In order to comply with applicable law or other recordkeeping practices in the ordinary course of our business, or to otherwise enforce our rights under this Agreement, we may retain indefinitely for our records a copy of any and all User Data. We are not responsible for maintaining any records on your behalf.
1. THIRD-PARTY PROVIDERS & THIRD-PARTY SITES
Galactic Crypto may retain affiliates and/or other third-party service providers to assist or support us in providing the Services (including, but not limited to, any security, technology, support, legal, compliance, administrative or similar function) (each a “Third-Party Provider”).
The Services may contain links to third-party websites, advertisers, products, content, information, services or other events or activities that are not owned or controlled by Galactic Crypto (collectively, “Third-Party Sites”). We do not endorse or assume any responsibility for any such Third-Party Site. If you access a Third-Party Site via a link on the Platform, the inclusion of any link to a Third-Party Site on the Platform does not imply that we endorse such Third-Party Site, and your access and/or use of the link and the Third-Party Site is done at your own risk. A Third-Party Site may have its own service agreement or other related terms and conditions, and it is solely your obligation to review, accept and abide by those service agreements or other related terms and conditions. You expressly agree that Galactic Crypto is not responsible or liable in any way for (i) the availability or accuracy of any such Third-Party Sites or (ii) the content, terms and conditions, policies, advertising, practices or products of any such Third-Party Sites. Additionally, your dealings with or participation in the promotions of any advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Galactic Crypto shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
2. DMCA POLICY
Galactic Crypto shall process alleged copyright infringement of Users in accordance with our Digital Millennium Copyright Act policy located at https://www.galactic-crypto.com/terms
3. GOVERNING LAW; VENUE
This Agreement is governed under the laws of Wyoming and you agree that any judicial proceeding, suit or other action relating to or arising under this Agreement, the Services or a breach of any User’s User Data, will be commenced only in a federal or state court of competent jurisdiction located in Jackson Hole in the state of Wyoming. You consent to the personal and exclusive jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non conveniens, or to otherwise seek a change of venue. You agree to waive the right to trial by jury in any action that takes place relating to or arising under this Agreement or the Services. You also agree to waive the right to file a class action claim relating to or arising under this Agreement or the Services.
In the event you bring a claim against Galactic Crypto in a foreign jurisdiction (a court other than in Sheridan, Wyoming), Galactic Crypto will move the court to dismiss such claim per your acceptance of this Agreement existing at the time of your purchase of, use of, or access to the Services and your continued use of the Services as evidence of acceptance of the Agreement and this Section.
The parties agree that the foregoing obligation is independent from all other obligations herein. You acknowledge that, in the event you commence a judicial proceeding in any court other than the courts in Galactic Crypto, Wyoming as described herein, Galactic Crypto may incur costs and expenses, including attorneys’ fees, to enforce this provision. You expressly agree that you will reimburse Galactic Crypto for any such costs and expenses, including, but not limited to, attorneys’ fees incurred by us within ten (10) days of receiving a written demand from us for such reimbursement. You further agree that if you do not timely reimburse Galactic Crypto as previously described in this Section, you will be responsible for, and agree to pay, all costs and expenses, including, but not limited to, attorneys’ fees incurred by us in seeking to collect or recover from you the amount subject to reimbursement.
4. ADDITIONAL TERMS FOR SERVICES PROVIDED THROUGH A WEB OR MOBILE APP
With respect to any Services provided through a web or mobile app (an “App”), we grant you a limited, terminable, non-exclusive license to download and install a single copy of the App solely on your own computer or mobile device, for use solely to connect to and use the Services as permitted under this Agreement. This license is not transferable to any third party. On termination of this Agreement for any reason, including in the event you close your User Account, you will delete any downloaded or installed copies of the App.
You acknowledge that this Agreement is between Galactic Crypto and you, and not with the owner or operator of any app store through which the App is distributed (the “App Store Provider”). In addition to the terms of this Agreement, your use of the App and any Services provided through the App will be subject to the terms of any user agreement associated with the App Store Provider or other venue through which you downloaded or obtained the App.
Without limiting this Agreement: (a) Galactic Crypto is solely responsible for providing any maintenance and support services with respect to the Platform as provided in this Agreement or under applicable law, and the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the associated Services; (b) the App Store Provider is not responsible for any product warranties for the App or the Services. To the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App or the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Galactic Crypto sole responsibility; (c) Galactic Crypto, and not the App Store Provider, is responsible for addressing any claims of the you or any third party relating to the App and the Services.
Galactic Crypto and you acknowledge and agree that the App Store Provider is a third-party beneficiary of the provision of this Section and other provisions this Agreement applicable to the App Store Provider hereunder and upon your acceptance of the terms and conditions of this Agreement, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce such provisions of this Agreement against you as a third-party beneficiary thereof.
No waiver of any provision of this Agreement is effective unless it is in writing and signed by an authorized representative of Galactic Crypto. Our remedies under this Agreement are cumulative and not alternative, and the election of one remedy for a breach does not preclude the pursuit of other remedies. The failure of Galactic Crypto to require your performance of any Agreement provision does not affect the full right to require such performance at any time in the future. The waiver by Galactic Crypto of any rights arising out of any breach of any Agreement provision shall not be taken or held to be a waiver of the provision itself. Any failure by Galactic Crypto to enforce any of its rights under this Agreement or any applicable laws does not constitute a waiver of such right.
No party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an authorized representative and (ii) in an explicit written waiver. No waiver of any rights arising out of a breach of this Agreement will constitute a waiver of rights relating to any prior or subsequent breach of this Agreement.
If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law and consistent with the original intention of the parties, and the remaining terms and provisions will remain in full force and effect.
Under no circumstances shall Galactic Crypto be held liable for any cessation, interruption, delay or failure in performance of the Services or any obligations under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failures, computer equipment failures, telecommunication equipment failures, failures of internet service providers (ISPs) or cloud-hosting providers, other equipment failures, electrical power failures, strikes, labor disputes, lockouts or boycotts, riots, terrorism, insurrections, civil disturbances, shortages of labor or materials, hurricanes, earthquakes, fire, floods, storms, natural disaster, explosions, acts of God, armed conflict, war, governmental actions, orders of domestic or foreign courts or tribunals.
This Agreement, as well as any additional Galactic Crypto agreements, terms and conditions, rules, policies and agreements, together with all modifications thereto, constitute the entire agreement between you and Galactic Crypto concerning your use of the Services and any other subject matter related to this Agreement. This Agreement supersedes and governs all prior proposals, agreements or other communications between you and Galactic Crypto (including, but not limited to, any prior versions of this Agreement). You may not waive, modify or supplement this Agreement, in whole or in part, except by written permission or amendment by Galactic Crypto.
TITLES AND HEADINGS; INTERPRETATION
The titles and headings of this Agreement are inserted for ease of reference only and do not affect in any way the meaning or interpretation of this Agreement. Also, in all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender and number as the text of this Agreement may require.
You may not assign or transfer, either directly or through a third party, this Agreement or any of its interests, rights or obligations hereunder, without the prior written consent of Galactic Crypto; provided, however, that members of the Galactic Crypto Infinity (“Infinity Members”) may assign this Agreement without prior written consent from Galactic Crypto provided further that such Infinity Members shall provide us with written notice prior to any assignment. Any attempted assignment in violation of the foregoing provision will be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without notice to you or your consent. Where applicable, this Agreement is binding upon and shall insure to the benefit of the parties hereto and their respective successors and permitted assigns.
This Agreement does not create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between you and Galactic Crypto. No party has the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever. The relationship between you and Galactic Crypto is limited to the responsibilities and obligations of both parties as established in this entire Agreement.
NO THIRD-PARTY BENEFICIARIES
You acknowledge and agree that nothing herein, express or implied, is intended to nor is to be construed to confer upon or give to any person, other than you, any interests, rights, remedies or other benefits conveyed to you herein.
ACCESS TO THE SERVICE FROM OTHER LOCATIONS
The Services are directed solely to individuals and entities residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
Galactic Crypto may provide notifications, whether such notifications are required by law or are for marketing, to disclose changes or additions to our Services, or for other business-related purposes, to you via email associated with your User Account, written or hard copy notice, or through conspicuous posting of such notice on our Services. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to any email address you provide us.
All mail notices from Galactic Crypto to you are deemed effective when: (i) sent by certified mail, return receipt requested or by Federal Express or other recognized overnight delivery service to your last known mailing address; (ii) sent via email to the email address associated with your User Account; or (iii) posted on the login page of the Website and/or any of the applicable pages linked thereto and immediately after you login to the Website. When you provide contact information to Galactic Crypto, you agree that we may use this information to contact you in any format or manner we choose and that we may rely on contact information provided by you to us. Galactic Crypto may, but has no obligation to, send a single notice by various means of delivery (e.g., email, certified mail or express mail). In no event shall Galactic Crypto be liable to you for choosing to send notice in one manner or format over another.
You shall give notice to Galactic Crypto by contacting our Customer Service Department by telephone at 307.343.4684, Monday through Friday between the hours of 9:00 a.m. and 9:00 p.m. ET or via email to
If you are a California resident, please be advised that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.