GMCI Terms of Use

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LEGAL

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Terms of Use
Additional Terms with respect to Indices provided by us
Privacy and Cookie Notice

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This website is owned by Index Innovation B.V., situated at Weesperplein 4a, 1018 XA Amsterdam and acting as GMCI (“GMCI”, “us” or “we”) (“GMCI”, “we” or “us”). The below Terms of Use (the "Terms") govern your access to and use of our website and any associated content, information, features and/or services (together the “Services”) we may provide to you, unless we have entered into a separate agreement.

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By accessing and/or using our website, you represent and warrant that you are of legal age in your jurisdiction and that you agree to comply with and be bound by these Terms. Please read these Terms carefully and do not use our website or our Services if you do not agree to these Terms. If you are accessing the Services on behalf of a legal entity, you represent and warrant that you have the authority to represent and bind that entity.

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DISCLAIMER 

The information provided on this website and through our Services are for general information purposes only and any third parties or third-party products referenced on this website or in our Services should not be construed as an endorsement by us. The information does not constitute any legal, financial or investment advice. While we strive to keep the information up to date and correct, we do not provide any representations, warranties or other guarantees with respect to our Services. We expressly do not warrant that our Services are free from errors or omissions, accurate or suitable for your use. Any decisions based on the information provided through our Services is solely at your own risk and we exclude all liability for losses or damages resulting from or arising out of your use of our Services.

Use of our website and our Services 
1. We specialize in crafting comprehensive indices in the digital assets space, to be used by professional agents as research and reference for both benchmarking and the issuance of financial instruments. Whilst the resources on our website are provided free of charge, we reserve the right to charge fees for our Services (in parts or as a while) at any time. In such cases, we will inform you of the costs associated with the use of (that part of) the Services in advance. 
2. The use of our Services is strictly for your personal, non-commercial use only, unless you have entered into a separate agreement with us covering your commercial use case(s). 
3. You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by GMCI or its associated affiliates, business partners and other third parties, if any. 
Intellectual Property Rights 
1. All texts, graphics, images, trademarks, designs, service marks, product names, logos, copyright protected content, methodologies and other intellectual property rights used and displayed in the Services are intellectual property rights owned by GMCI (our “IP”). Our Services and IP have been developed, compiled, prepared, revised, selected and arranged by us through internally developed methods and business standards that require substantial time, effort and resources. This valuable IP is therefore also protected as a trade secret.
2.  No information contained on this website or other parts of our Servies (including, but not limited to, any of our IP and trade secrets) may be reproduced, transmitted, displayed, distributed, published or otherwise used for commercial purposes without our prior consent. Nothing on the Services or in these Terms should be construed as any kind of implied license to use our IP or trade secrets, unless indicated otherwise below or in a separate agreement we may enter into. 
3. Subject to these Terms and your compliance with these Terms, we hereby grant to you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Services solely for your personal use. You agree not to use the Services (or parts thereof) for any other purpose other than the foregoing, and you will not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Services in any manner. Moreover, data mining, screen scraping, screen crawling, web crawling or otherwise analysing and/or copying content from our Services by automated means is expressly prohibited. 
4. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The license granted to you under Clause [2.3] will automatically terminate in case of breach of any of these Terms. 
Linking to the Services through third-party websites 
1. You may reference or link to our Services on third-party websites, provided that: 
  - Your references display the following text: "©GMCI" and a direct link to our website; and 
  - You will refrain from suggesting any commercial link or affiliation between us, either directly or indirectly, unless we have explicitly authorized you to do so under a separate written agreement between us; and 
  - The information you provide is correct and not in any way unlawful, threatening, libelous, defamatory or otherwise inappropriate, as determined by us in our sole discretion. 
Prohibited Activities and indemnification by you 
1. The following activities are expressly prohibited: 
  - Any of the unauthorised uses as included in Clauses 2 and 3 above; 
  - Introducing a virus, Trojan horse, worm, time bomb or other malware to the Services, or use any device, software or routine to bypass any software or hardware that prohibits volume requests for information; 
  - Making excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Services or any server or network connected thereto; 
  - Violating, bypassing or circumventing any security measure intended to limit or prevent access to the Services; 
  - Otherwise attempting to gain unauthorized access to the Services or to any computer systems or networks connected to the Services, whether through hacking, password mining, unauthorized use of another's password/credentials or any other means; and 
  - Any other activity that may interfere with or disrupt the operation of the Services or the servers or networks connected thereto. 
2. Except to the extent prohibited under applicable law, you agree to indemnify and hold us harmless against any claims, damages, liabilities, or expenses arising out of or in connection with i) your (mis)use of the Services; ii) your violation of these Terms; iii) your violation of applicable laws, rules and/or regulations and iv) any claim that your use of the Services or information provide by us infringes upon third-party intellectual property rights. 
Limitation of Liability 
1. Our Services are provided AS IS and without any express warranty, guarantee or endorsement. We do not warrant that our Services will be always available or error free. 
2. Except as may expressly be agreed in a separate written agreement between us and to the maximum extent permitted by applicable law, we assume no liability for any errors, mistakes, inaccuracies of content, damages of any nature whatsoever (including direct, indirect or punitive damages) resulting from your access to or use of our Services and/or any other information provided by us. 
3. Our Services are strictly for information purposes only. Nothing on or in the Services shall constitute or be construed as investment advice or investment recommendations. 
Feedback 
1. Any form of communication, comment, suggestion, question or other means of feedback (together: “Feedback”) provided to us by you is and will be treated as non-confidential and non-proprietary. We are under no obligation to consider your Feedback and you have no rights into the way we may incorporate your Feedback in our Services. In the event such Feedback is incorporated by us, we retain all intellectual property rights and/or trade secret rights therein, if any. 
Links to third-Party websites and/or services 
1. Our Services may include references or links to third parties. We exclude all liability for such third-party content. 
Privacy 
1. Please review our Privacy Policy, which explains how we collect, use and protect your personal data. 
Entire Agreement 
1. Unless expressly agreed otherwise in a separate written agreement between us, these Terms constitute the entire agreement between us regarding your use of our Services. 
2. If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set out above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provision(s) in these Terms shall be deemed to be superseded by valid and enforceable provisions that, to the extent possible, fulfil the business purposes and intent of such invalid and unenforceable provisions. 
Revisions of these Terms 
1. We may update and revise these Terms at any time and without prior notice. Any changes to these Terms take effect from the moment of publication. Please make sure you regularly review these Terms. 
Termination 
1. Unless expressly agreed otherwise in a separate written agreement between us, we reserve the right to terminate or suspend access to (part of) the Services at any time for any reason, and without prior notice, without being liable to you for any damages due to such suspension or termination of (parts of) our Services. 
Force Majeure 
1. In no event shall GMCI be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by (directly or indirectly) forces beyond our reasonable control, including, but not limited to, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services (“Force Majeure”). 
2. In the event of Force Majeure, we may decide to amend, suspend or terminate (parts of) the Services in our sole discretion, without prior notice. 
Governing Law and Jurisdiction 
1. These Terms are governed by and construed in accordance with the laws of the Netherlands. 
2. Any disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands. Commercial dispute settlement though the Netherlands Commercial Court is expressly excluded.

Additional Terms with respect to the indices provided by us

Calculation of Indices 
1. GMCI is solely engaged in the calculation and dissemination of cryptocurrency indices (the “Indices”). We do not trade on cryptocurrency markets ourselves. 
Index Methodology 
1. GMCI uses a transparent methodology for calculating its Indices, which may be subject to periodic review and adjustment at our discretion. Here you will find more information about the methodology applied by us. 
Accuracy of Indices 
1. While we strive to provide accurate and up-to-date Indices, we do not guarantee the accuracy, completeness, or reliability of any index calculated or provided by us. Reliance on and/or use of our Indices is solely at your own risk. 
Use of Indices 
1. You may use the Indices provided by us for informational purposes only. You may not reproduce, distribute, or publish the Indices without our prior written consent. 
Compliance with Applicable Laws 
1. You agree to comply with all applicable laws, rules and regulations when using the information provided through our Indices. 
Amendments of Additional Terms and Conditions 
1. We reserve the right to modify these Additional Terms at any time without prior notice. Your continued use of the Indices provided by us after any such modifications constitutes your acceptance of the Terms as amended.
Disclaimer Coin Metrics
1. GMCI is not sponsored, endorsed, sold, or promoted by Coin Metrics or any of its subsidiaries, affiliates, or service providers (collectively the "index parties"). The index parties make no representation or warranty, express or implied, to the owners of GMCI or any member of the public regarding the advisability of investing in securities or commodities based on GMCI Indices. The index parties’ only relationship to GMCI and its indices (the “licensee”) is the licensing of the index-related data to which GMCI refers. The index parties are not responsible for and have not participated in the determination of GMCI indices or in the determination or calculation by which GMCI indices are to be converted into any currency. The index parties have no obligation or liability in connection with the administration, marketing, or trading of GMCI or GMCI indices.

GMCI Terms of Use

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