Terms of use

Preamble

The following Terms of Use and any terms incorporated herein ("Terms") constitute a legally binding agreement made between you ("User", "You") and Berkley-colocation.com ("We", "Berkley LLC"), concerning your access to and use of our "Platform" including https://berkley-colocation.com/ ("Website"), the technology and the platform integrated therein, any applications associated therewith and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Platform.
You agree that by accessing the Platform, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree to the Terms, then you are prohibited from using the Platform and you must discontinue your use of it immediately.

  1. DEFINITIONS
    1. "Account" is a User account, accessible after the registration process, where crypto assets may be stored after the mining process and withdrawn by the user to the third-party service.
    2. "Crypto Assets" shall mean for the purposes herein such type of assets which can only and exclusively be transmitted by means of block-chain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Bitcoin, Ethereum, or Ripple.
    3. "Force Majeure Event" shall be understood as any event beyond Berkley LLC's reasonable control, including but not limited to a flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary leaps in value of crypto assets; communications, network, or power failure; or equipment or software malfunction or any other cause beyond Berkley LLC's reasonable control.
    4. "Mining" shall mean for the purposes herein a process in which transactions for various types of crypto assets are verified and added to the block-chain digital ledger resulting in some amount of crypto assets being distributed between the owners of processing power who participate in such a process.
    5. "Pool" shall mean for the purposes herein the pooling (merger) of resources by users, who connect their processing power with the help of the Platform, to split the crypto assets equally, according to the amount of processing power they contributed to the mining process.
    6. "Third-party service" is any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Platform; including, but not limited to third-party accounts.
    7. "Withdrawal" for the purposes herein shall mean a transaction of crypto assets out from a User’s Account, which is technically executed by Berkley LLC in accordance with the User’s request.
  2. POSSIBILITIES AND SERVICES OF OUR PLATFORM
    1. Berkley LLC is a Platform, combining several mining Pools which allows you to mine different types of crypto assets. The list of assets supported by the Platform can be found on our Website here: berkley-colocation.com.
    2. Crypto Assets Mining
      1. Our Platform allows users to connect their processing power in one mining pool for the purpose of obtaining crypto assets. To use our Platform, the user shall download a special application from our Website. To obtain more information about the rules and procedures of the mining process you shall carefully read and scrutinize the respective manuals on our Website.
      2. On our Website you can find additional information about the mining of crypto assets, namely:
        • step-by-step guides about how to work with the Platform on different operating systems;
        • instructions on how to start mining different types of crypto assets on console miners and on GUI miners;
        • if you have more questions about the process of mining crypto assets you can contact us at support@berkley-colocation.com
      3. As far as you sharing your processing power with other users, Berkley LLC cannot warrant that you will obtain a particular amount of crypto assets in a particular timeframe. That is why you INDEMNIFY AND HOLD BERKLEY LLC HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH MINING CRYPTO ASSETS ON OUR PLATFORM.
    3. Registration of an account with Berkley LLC
      1. It is necessary to go through the registration process and create an account with Berkley LLC to use some features of our Website as it may be prescribed herein.
      2. Berkley LLC reserves the right, in its sole discretion, to limit the number of Accounts that you may hold, maintain or create. Accounts cannot be assigned to any third party.
      3. When you create an Account, you undertake to:
        • create a strong password that you do not use for any other websites, online or off-line services;
        • provide accurate and truthful information. Please check our Privacy Policy regarding how we collect, use and share your personal information;
        • agree to pass through our internal security procedures, which may be applied to you from time to time;
        • maintain and promptly update your Account information;
        • maintain the security of your Account by protecting your password and restricting access to your Account;
        • promptly notify Us if you discover or otherwise suspect any security breaches related to your Account;
        • take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
      4. Withdrawal of Crypto Assets from the Account
        1. Our Platform allows Users to withdraw crypto assets from their Accounts to external third-party services except under certain limitations, which may be updated from time to time. YOU INDEMNIFY AND HOLD BERKLEY LLC HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR WITHDRAWALS IN VIOLATION OF SETTLED LIMITATIONS.
        2. Withdrawal of crypto assets is only possible for users, who pass the registration process as prescribed in cl. 2.3 of the Terms, create an Account on our Platform and verify an e-mail.
        3. Ownership verification.In case you are required to verify that you possess a wallet, address or any other crypto assets' storage that you use to withdraw crypto asset from your Account, you undertake to provide such verification by following Berkley LLC instructions.
        4. Withdrawal Authorization.When you request Us to withdraw crypto assets from your Account, you authorize us to execute such a withdrawal via the Platform.
        5. Withdrawals cannot be canceled by Berkley-colocation.com. Therefore, check the details of your withdrawal very carefully before making a withdrawal. We are not responsible for your crypto assets once they have been sent to a third-party service.
        6. No control over third-party services.You may be charged fees by the third-party service you use to withdraw crypto assets from your Account. Berkley LLC is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party services, and you agree to comply with all terms and conditions applicable to any third-party service.
        7. Rejected or Suspended Withdrawals. In some cases, a third-party service may reject your request for crypto assets to be processed, suspend the withdrawal of your crypto assets, or be not able to support the withdrawal, or may otherwise be unavailable. YOU AGREE THAT YOU WILL NOT HOLD BERKLEY LLC LIABLE FOR ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH SUCH REJECTED OR SUSPENDED ETC. WITHDRAWALS.
        8. Subject to the terms and conditions of these Terms, We will use commercially reasonable efforts to execute all withdrawals on a spot basis as soon as practicable. However the timing associated with withdrawal of crypto assets depends upon, inter alia, the performance of third-parties services, and We make no guarantee that crypto assets will be withdrawn in any specific timeframe. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD BERKLEY LLC HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WITHDRAWAL DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.
      5. WARRANTIES, REPRESENTATIONS AND COVENANTS
        1. If you wish to use our Platform you further represent and warrant that you:
          1. are at least 18 years old or of other legal age, according to your relevant jurisdiction;
          2. have not previously been suspended or removed from our Platform;
          3. have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
          4. use our Platform with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
          5. will use your equipment and processing power at your own risk. Berkley LLC is not liable for any technical issues you may face while using your equipment and processing power on our Platform;
          6. will not use our Platform or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
          7. will not use the Platform or will immediately cease using it if you are a resident or become a resident at any time of a state or region (in accordance with such state or region’s definition of residency), where the crypto assets withdrawals you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which Berkley LLC has not obtained in this state or region.
        2. When accessing or using the Platform, you further represent, agree and warrant, that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Platform. Without prejudice to the generality of the foregoing, you represent, agree and warrant, that you will not:
          1. Use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using the Platform with full functionality, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
          2. Use the Platform to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities;
          3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access the Platform or to extract data;
          4. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the services of our Website or any of your rights to access and use services as granted specifically by the Terms;
          5. Use or attempt to use another user Account without authorization;
          6. Remove any copyright or other proprietary notices from our Website;
          7. Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our Technology Platform that you are not authorized to access;
          8. Upload or attempt to upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property;
          9. Provide false, inaccurate, or misleading information;
          10. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
        3. YOU INDEMNIFY AND HOLD BERKLEY LLC HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.
      6. ELECTRONIC NOTICES
        1. Consent to Electronic Delivery. You agree and consent to electronically receive all Communications that Berkley LLC may be willing to communicate to you in connection with your Account and/or use of the Platform. You agree that Berkley LLC may provide these Communications to you by posting them on the Platform. "Communications" shall mean herein all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to the User.
        2. Withdrawal of Consent.You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to e-mail privacy@berkley-colocation.com. If this is a case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, Berkley LLC may suspend or terminate your use of the Platform.
        3. Subscription to Newsletter.By registration on our Platform you agree and consent to receive any Newsletters that Berkley LLC may be willing to communicate to you, and agree, that you could be included into our mailing database. You have the right to withdraw your subscription at any time. "Newsletter" shall mean herein advertising, marketing, informational and any other type of e-mailing or other distribution, which may be from time to time addressed to a User by Berkley LLC. •
        4. Withdrawal of Subscription Consent.Without prejudice to cl. 3.2, you may withdraw your consent on receiving electronic Newsletters by sending a withdrawal notice to support or by pressing a special button ("an unsubscribe button").
      7. RISK DISCLOSURE
        1. Due to our internal policies, We only provide services to users with sufficient experience, knowledge and understanding of the working principles of our Platform, and those who fully understand the associated risks. You acknowledge and agree that you shall access and use the Platform at your own risk. You acknowledge and agree to the possibility of the risks, indicated in this clause of the Terms.
        2. Risk of hacking and security weaknesses. Hackers or other malicious groups or organizations may attempt to interfere with the Platform in a variety of ways, including, but not limited to, malware attacks, DoS attacks, Sybil attacks, smurfing, and spoofing and any other types of malicious activity.
        3. Risks associated with legal regulation.Block-chain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Website and Platform could be impacted by one or more regulatory inquiries or actions, including the licensing of or restrictions on the use, sale, or possession of crypto assets.
        4. Risks Associated with an Internet-based Platform. You acknowledge that there are risks associated with utilizing an Internet-based Platform including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Berkley LLC shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, howsoever caused.
        5. Risks Associated with the Blockchain Protocol.The Platform is based on the Blockchain protocol. As such, any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol may cause the Platform to malfunction or function in an unexpected or unintended manner.
        6. No Control Over Your Own Actions.YOU AGREE TO INDEMNIFY AND HOLD BERKLEY LLC HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO THOSE ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED WITHDRAWALS, LOSS OF YOUR ACCESSES ETC.
        7. Unanticipated risks. Crypto assets and Platforms are a new and untested technology. In addition to the risks included in this clause of the Terms, there are other risks associated with your use of the Platform including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this clause to the Terms.
      8. CRYPTO ASSETS PROTECTION
        1. We strive to protect your crypto assets from unauthorized access, use, or spending. We use a variety of physical and technical measures designed to protect our systems and your crypto assets. By mining crypto assets on our Platform, you entrust and entitle Berkley LLC to ultimately make decisions on the safety and security of your crypto assets.
        2. We reserve the right to take different measures of protection, which include, but are not limited to a diversification of crypto assets in different allocations whether on a segregate record (account) or not.
        3. Nothing herein shall be deemed or construed as a willingness to a seizure of your crypto assets. The main purpose of this section is to notify you about different measures of protection, that We use to keep your crypto assets safe.
      9. BERKLEY LLC FEES
        1. Amount of Fees.You agree to pay the fees for Withdrawals executed via Platform ("Fees") as defined on the "Berkley LLC Pool Fees" page of the Website (https://berkley-colocation.com), which We may change from time to time. Changes to the Fees are effective as of the effective date indicated in the posting of the revised "Berkley LLC Pool Fees" page of the Website, and will apply prospectively to any Withdrawals that take place following the effective date of such revised Fees.
        2. Payment of Fees.You authorize Us, or our designated payment processor, to charge or deduct from your Account crypto assets for any applicable Fees owed in connection with Withdrawals you complete via the Platform.
        3. We may take fees for Withdrawals, that you make through our Platform in addition to the transaction fees (or mining fees) required by the respective block-chain network.
      10. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
        1. Unless otherwise indicated by Us, Berkley LLC IP is the proprietary property of Berkley LLC or our licensors or suppliers and is protected by international copyright laws and other intellectual property rights laws.
        2. "Berkley LLC IP" shall mean all and any copyright and other intellectual property rights in all content and other materials contained on the Platform, including, without limitation, the Berkley LLC name, trademark, Berkley LLC logo, to the application, which the user can download from the Website, and all designs, text, graphics, pictures, information, data, software, technologies, know-hows, sound and video files, other files and the selection and arrangement thereof.
        3. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Berkley LLC IP for your personal use solely for the purposes of regular use of the Platform.
        4. Such license is subject to these Terms and does not permit:
          1. any resale of the Berkley LLC IP;
          2. the distribution, public performance or public display of any Berkley LLC IP;
          3. modifying, adapting or otherwise making any derivative uses of the Berkley LLC IP, or any portion thereof; or
          4. any use of the Berkley LLC IP other than for the intended purposes.
        5. The license granted under this clause will automatically terminate if We suspend or terminate your access to the Platform.
      11. THIRD-PARTY CONTENT
        1. While using our Platform, you may view Third-Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by Us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
        2. "Third-Party Content" is the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Platform.
        3. YOU AGREE TO INDEMNIFY AND HOLD BERKLEY LLC HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING FROM YOUR INTERACTION WITH THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES.
      12. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITIES
        1. USERS OF OUR PLATFORM EXPRESSLY AGREE THAT OUR SERVICES AND OUR PLATFORM ARE PROVIDED AT THE USERS' SOLE RISK AND ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES AND PLATFORM, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, BERKLEY LLC GIVES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
        2. You acknowledge that Berkley LLC has no responsibility for the safety of the equipment for producing your processing power, which you use within our Platform. Your equipment may be corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet outages, Force Majeure events or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for use of your processing power within our Platform.
        3. Except as otherwise required by law, IN NO EVENT SHALL BERKLEY LLC, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, OR OUR PLATFORM, OR THE BERKLEY LLC IP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BERKLEY LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BERKLEY LLC'S RECORDS, PROGRAMS OR SERVICES.
        4. We resume the right, in our sole discretion, to control any action or proceeding (at our expense) to which We are a participant and determine whether We wish to settle it.
        5. To the extent allowable by law, we reserve the right to set-off any damages or amounts owed to us by you for your breach of this Terms or other obligations under this Terms against crypto assets in your Account.
        6. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BERKLEY LLC (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE PLATFORM, SERVICES OR TO THESE TERMS EXCEED THE AMOUNT OF THE CRYPTO ASSETS, WHICH YOU HAVE ON YOUR ACCOUNT.
        7. Berkley LLC shall not be liable for:
          1. any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information;
          2. any loss or damage arising from a Force Majeure Event.
        8. INDEMNIFICATIONS
          1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Berkley LLC, its parent company, affiliates and subsidiaries and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the "Indemnified Parties"), from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees (collectively, “Losses”), directly or indirectly, resulting from or by reason of (i) your (or your under another person’s authority, including, without limitation, to governmental agencies) use, misuse, or inability to use the Website and Platform or any of the information and data contained therein; or (ii) your breach of this Terms.
          2. To the maximum extent permitted by applicable law, you hereby discharge, acquit, and otherwise release the Indemnified Parties, from any and all allegations, counts, charges, debts, causes of action, claims and Losses, relating in any way to the use of, or activities relating to the use of the Website and Platform including, but not limited to, claims relating to the following: negligence, gross negligence, intentional interference with a contract or advantageous business relationship, defamation, privacy, publicity, misrepresentation, any financial loss not due to the fault of the Website, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Website, unavailability of the Website, its functions and/or services and any other technical failure that may result in inaccessibility to the Website, Platform or services, or any claim based on vicarious liability for torts committed by Users encountered or transacted with through the Website and Platform, including, but not limited to, fraud, computer hacking, theft or misuse of personal information and any other types of criminal offences.
        9. SUSPENSION AND TERMINATION OF YOUR ACCOUNT
          1. In case of your breach of the Terms, or any other event as We may deem necessary, including without limitation a market disruption and/or a Force Majeure event, We may, in our sole discretion and without liability to you, with or without prior notice:
          2. suspend your access to all or a portion of our Services; or
          3. prevent you from completing any actions via the Platform, including withdrawal; or
          4. terminate your access to the Platform, delete or deactivate your Account and all related information and files in such account.
          5. Notwithstanding to the abovementioned Berkley LLC reserves the right to apply to a User any of the measures indicated in cl. 11.1 of the Agreement, if:
            1. we believe, in our sole and absolute discretion, that you have breached any material term of this Terms or the document(s) it incorporates by reference;
            2. we are unable to verify or authenticate any information you provide to us;
            3. we have reasonable suspicion that you are directly or indirectly using our Website or Platform in violation of applicable law or regulation;
            4. we believe, in our sole and absolute discretion, that your actions may cause legal liability for you, our users or us;
            5. we are directed as such by a regulatory authority, law enforcement, or a court of competent jurisdiction;
            6. we are otherwise required to do so by applicable law or regulation; or
            7. we decide to cease operations or to otherwise discontinue any services or options provided by the Website, Platform, or parts thereof.
          6. In the event of termination, Berkley LLC will return any crypto assets stored in your Account and not owed to Berkley LLC, unless Berkley LLC believes you have committed fraud, negligence or other misconduct.
        10. DISPUTE RESOLUTION
          1. The User and Berkley LLC shall strive to settle all disputes and disagreements between them arising from or in connection with this Terms by the complaint procedure.
          2. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will receive your complaint if you contact us at contact@berkley-colocation.com.
          3. The notice shall be written in English. Within (thirty) 30 business days from our receipt of your complaint we will send you a response. In case we and you fail to reach a mutual agreement, all disputes arising out of connection or in connection with this Terms, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the competent court.
          4. Any dispute between the parties will be governed by these Terms and the law of England and Wales.
          5. When the dispute is heard in court, you waive the right to commence against Us a class action or representative action or proceeding or participate in such.
        11. MISCELLANEOUS
          1. Entire Agreement.These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Website, Platform and services.
          2. Taxes. It is your responsibility to determine what, if any, taxes apply to the withdrawals you complete via the Platform, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Berkley LLC is not responsible for determining whether taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes arising from any withdrawals and does not act as your tax agent.
          3. Order of Precedence.In the event of any conflict between these Terms and any other agreement you may have with Berkley LLC, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
          4. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If We make changes to these Terms, We will provide you with notice of such changes, such as by sending an e-mail, providing notice on the homepage of the Website and/or by posting the amended Terms via the applicable Berkley LLC websites and mobile applications and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Platform. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either:
            1. the date the User clicks or presses a button to accept such changes or;
            2. the date the User continues use of the Platform and Website after Berkley LLC provides notice of such changes or publishes new version of the Terms on the Website.
          5. Any amended Terms will apply prospectively to use of the Platform after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our platform and contact us to terminate your account.
          6. No Waiver.Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
          7. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
          8. Feedbacks. We own exclusive rights, including all intellectual property rights, to Feedback. "Feedback" refers herein to any feedback, suggestion, idea or other information or material regarding Berkley LLC or our Platform that you provide, whether by email, posting through our services or otherwise. Any Feedback you submit is non-confidential and shall become the sole property of Berkley LLC. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including inter alia any copyrights). Do not provide Feedback if you expect to be paid or want to continue to own or claim rights on it; your idea might be great, but We may have already had the same or a similar idea and We do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out therein.
          9. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Berkley LLC, including by operation of law or in connection with any change of control. Berkley LLC may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
          10. Headings of sections are for convenience only and shall not be used to limit or construe such sections.