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Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or
other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are
vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from orbix. Always log into your orbix Account through the orbix Site to review any transactions or required
actions if you have any uncertainty regarding the authenticity of any communication or notice.
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Release of orbix; Indemnification. If you have a dispute with one or more users of the orbix services, you release orbix, its affiliates and service providers, and each of their respective officers, directors, agents,
joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to
indemnify and hold orbix, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand
(including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights
of any third party.
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Limitation of Liability. IN NO EVENT SHALL ORBIX, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY
AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED Digital Asset ON DEPOSIT IN YOUR ORBIX ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE orbix SITE OR THE orbix SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF ORBIX HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU
CLAIM THAT orbix FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED Digital Asset AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR
LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED Digital Asset AT ISSUE IN THE TRANSACTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE orbix SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORBIX
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. orbix DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART
OF THE orbix SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
orbix makes no representations about the accuracy or completeness of historical Digital Asset price data available on the Site. orbix will make reasonable efforts to ensure that requests for electronic debits and
credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but orbix makes no representations or warranties regarding the amount of time needed to complete processing which is
dependent upon many factors outside of our control.
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The limitation of liability in this Article is subject to any obligations that the orbix have under Applicable Law, including the orbix's obligation to exercise reasonable care and skill in the provision of the Services.
Nothing in this User Agreement shall limit the orbix's liability resulting from the orbix's fraud or fraudulent misrepresentation, gross negligence resulting from the Company, and its employees, directors, officers,
representatives
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Entire Agreement. This Agreement, the Privacy Policy, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and orbix as to the subject matter hereof, and supersedes
any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and orbix. Section headings in this
Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
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Amendments. We may amend or modify this Agreement by posting on the orbix Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such
modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the
orbix Services, or suspension or termination of your access to the orbix Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to
provide you advanced notice via our website and/or email before the material change becomes effective.
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Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any orbix affiliates or subsidiaries,
or to any successor in interest of any business associated with the orbix Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and
inure to the benefit of the parties, their successors and permitted assigns.
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Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed
and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
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Change of Control. In the event that orbix is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part
of such merger, acquisition, sale, or other change of control.
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Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, orbix
Account cancellation, debts owed to orbix, general use of the orbix Site, disputes with orbix, and general provisions, shall survive the termination or expiration of this Agreement.
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Governing Law. This Agreement will be governed by Thai law and the exclusive jurisdiction of the Thai courts.
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Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited
to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet
services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any
remaining provisions.
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The delivery of interests, airdrops, or other benefits arising from the holding of digital assets available on the Company's exchange. You agree and accept that the Company will deliver the interests, airdrops, or other
benefits of your digital assets as indicated by the Project Owner or Issuer in the project presentation document or specified in prospectus or white paper and the Company has received the interests, airdrops, or other
benefits from the Project Owner or Issuer, they shall be yours. For any other interests, airdrops, or benefits which are not specified in the above documents. You agree and accept that the Company has the sole discretion
to consider the delivery of the interests, airdrops, or other benefits when the Company deems appropriate. For example, the Company may consider from the source of announcement whether they are reliable and actually paid
and/or consider the ecosystem of the Company and the digital asset custodian service provider whether they are able to support and deliver the interests, airdrops, or other benefis and/or consider the method of payment
to you whether the Company can deliver correctly and fairly. If the Company considers numerous factors and deems appropriate, the Company will deliver you the interests, airdrops, or other benefits to which you are
entitled. You agree that the Company has the sole discretion to decide the method of delivering interests, airdrops, or other benefits and has the right to collect fees related to the delivery. However, for interests,
airdrops, or other benefits from holding digital assets that do not meet the above conditions or the Company deems inappropriate, such as scam coins, airdrops from unreliable sources, or such payment may conflict with
laws and/or regulations and/or competent authorities. You agree and accept that the Company is not obligated to deliver such interests, airdrops, or other benefits to you