PERSONAL INFORMATION WE COLLECT
When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data stored on your device to help us improve your access to our Website and identify repeat visitors to our Website. Cookies also enable us to track and target the interests of our users to enhance the experience on our Website. Usage of a cookie is in no way linked to any personally identifiable information on our Website.
- “Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Website.
Additionally, when you engage in business, make an agreement with or attempt to make a purchase through the Website, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
We may also collect personal information when you use or request information about our services, subscribe to marketing communications, request support, complete surveys, register on our Website or Website portal, or sign up for an event. We may also collect personal information from you offline, such as when you attend one of our events. We may use this information in combination with other information we collect about you. In addition, we may collect personal information disclosed by you on our message boards, chat features, blogs and our other services to which you are able to post information and materials. Any information that is disclosed in those forums becomes public information and may therefore appear in public ways, such as through search engines or other publicly available platforms, and may be “crawled” or searched by third parties. It could also be read, collected or used by other users to send you unsolicited messages. Please do not post any information that you do not want to reveal to the public at large. We refer to this information as “Miscellaneous Information”.
You are free to choose whether to provide us with the types of personal information described below, but we may not be able to serve you as effectively or offer you some or all of our services when you choose not to share certain information with us. Here are some examples of the types of personal information we collect and how we may use it:
(a) When you create an account or use our services, We, or our affiliates’ vendors acting on our behalf, may collect the following types of information: your name, date of birth, driver’s license ID, personal ID, address, proof of address (e.g. utility bill), passport, social security number, nationality, phone number, email, Bitcoin or other wallet address, or exchange API keys or more. We will use this information to fulfill your requests and provide the relevant services, and to meet legal and regulatory requirements, know your customer requirements and anti-money laundering and counter-terrorism requirements. We may also obtain information about you from third parties such as identity verification services.
(b) Whenever you contact us or respond to our communications (e.g., email, telephone, written), we receive your contact information and any other personal information you choose to provide us. We will use such information to fulfill your requests or to provide you with our services.
HOW DO WE USE YOUR PERSONAL INFORMATION?
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. In general, we use personal information to create, develop, operate, deliver, and improve our services, content and advertising, and for loss prevention and anti-fraud purposes.
Examples of how we may use this information include:
(a) To provide you with our services and customer support that you request.
(b) To process transactions and send notices about your transactions.
(c) To verify your identity by comparing your personal information against third-party databases.
(d) To send administrative or account-related information to you.
(e) To better understand our customers and end-users and the way they use and interact with our websites, mobile apps, and services.
(f) To provide a personalized experience and implement the preferences you request.
(g) To customize, measure, and improve our services and the content and layout of our website and applications.
(h) To enhance security, prevent fraud, monitor and verify identity or service access, combat spam or other malware or security risks.
(i) To deliver targeted marketing, service update notices, and promotional offers based on your communication preferences (where this in accordance with the law).
(k) To communicate with you about our events or our partner events.
(l) To prevent and investigate potentially prohibited or illegal activities, and/or violations of our posted user terms.
(m) To resolve disputes, collect fees, and troubleshoot problems.
(n) To comply with legal obligations.
(o) To enforce our agreements with third parties.
(p) For quality control and staff training.
(q) To communicate with you and provide additional information on products and services
We will not use your personal information for purposes other than those purposes we have disclosed to you, without your permission. From time to time we may request your permission to allow us to share your personal information with third parties. You may opt out of having your personal information shared with third parties, or allowing us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorization. If you choose to so limit the use of your personal information, certain features or our services may not be available to you.
INFORMATION FROM THIRD PARTY SOURCES
From time to time, we may obtain information about you from third party sources as permitted by applicable law, such as public databases and ID verification partners.
We obtain information about you from public databases and ID verification partners for purposes of verifying your identity. ID verification partners use a combination of government records and publicly available information about you to verify your identity. Such information may include your name, address, job role, public employment profile, credit history, status on any sanctions lists maintained by public authorities, and other relevant data. The legal basis for such processing is to comply with our legal obligations, such as anti-money laundering laws. In some cases, we may process additional data about you based on public interest grounds to ensure our services are not used fraudulently or for other illicit activities. This information is shared with our processors and corporate group as necessary to perform our services.
COLLECTION & USE OF INFORMATION COLLECTED AUTOMATICALLY
We receive and store certain types of information automatically, such as whenever you interact with our website, our apps or use our services. This information does not necessarily reveal your identity directly but may include information about the specific device you are using, such as the hardware model, device ID, operating system version, web-browser software (such as Firefox, Chrome, Safari, or Internet Explorer) and your Internet Protocol (IP) address/MAC address/device identifier.
For example, we automatically receive and record information on our server logs from your browser, including how you came to and used our services; your IP address; device type and unique device identification numbers, device event information (such as crashes, system activity and hardware settings, browser type, browser language, the date and time of your request and referral URL), broad geographic location (e.g. country or city-level location) and other technical data collected through cookies, pixel tags and other similar technologies that uniquely identify your browser. We may also collect information about how your device has interacted with our website, including pages accessed and links clicked. We may use identifiers to recognize you when you arrive at our website via an external link, such as a link appearing on a third-party Website.
Information collected by cookies will be used to improve our services by knowing for example which features or services are most popular for users and based on such information we can make the Services more interesting to more users.
HOW WE PROTECT AND STORE PERSONAL INFORMATION
We understand how important your privacy is, which is why we maintain (and require our service providers to maintain) appropriate physical, technical and administrative safeguards to protect the security and confidentiality of the personal information you entrust to us.
We may store and process all or part of your personal and transactional information, in the U.S., the E.E.A., and elsewhere in the world where our facilities or our service providers are located. We protect your personal information by maintaining physical, electronic, and procedural safeguards in compliance with the applicable laws and regulations. For example, we use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.
However, we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. Please recognize that you play a vital role in protecting your own personal information. When registering with our services, it is important to choose a password of sufficient length and complexity, to not reveal this password to any third-parties, and to immediately notify us if you become aware of any unauthorized access to or use of your account.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties which help us fulfill our services and meet our legal obligations. We partner with payment processing companies (such as www.PayPal.com and www.Binance.com) to bill users for goods and services. We partner with other parties to fulfil user services (such as www.TradingView.com and www.AWS.com). We will share names, or other contact information that is necessary for the third party to provide these services. We also use Google Analytics to help us understand how our customers use the Website.
Our Services use MailChimp, a US-based email service, to store your details and send you our newsletters and email communications. In the process of working with Mailchimp your data may be transferred globally. Mailchimp is self-certified under Privacy Shield and lawfully transfers EU/EEA personal data to the US according to its Privacy Shield Certification.
We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION
We use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
You may opt-out of receiving targeted ads from certain advertisers and ad networks at http://preferences.truste.com. Please note this does not opt you out of receiving all advertising and that your opt-out will only be in relation to the specific advertising. You will continue to receive advertising for which you have not opted out.
DO NOT TRACK
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Note that if you register on our Website, our regulators require that we keep your records for a period of at least 5 years to meet anti-money laundering and counter-terrorism regulatory requirements. By registering on our Website, you agree that we will maintain your records for a period of 5 years.
Additionally, if you are a European resident note that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at [email protected]
Terms of Service
This is the official Website (the “Website”) of Capriole Investments Limited, the Capriole Fund, Ltd., the Capriole Fund, LP, and the Capriole Master Fund, Ltd. (collectively “Capriole”). Throughout www.capriole.com and www.capriole.io (the “Website”), the terms “we”, “us”, “our” and the “Company” refer to Capriole. The Company offers this Website, including all information, tools and services available from this Website to you (the “user”, “customer”, “client”, “investor”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website, registering on our Website, purchasing something from us, engaging in an agreement with us or investing with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, investors, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to be bound by the Terms, you must cease all use of the Services and exit this Website. By using the Website you are deemed to have accepted these terms and conditions.
Any new features, tools, or products which are added to this website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. The Terms may be altered or superseded by designated legal notices described on certain website pages. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By using or otherwise accessing the Services, you expressly agree that: the Company has offered the Services in reliance upon the warranty disclaimers, releases, and limitations of liability contained herein; These warranty disclaimers, releases, and limitations of liability reasonably and fairly allocate risk between you and the Company; and These warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and the Company, and that without such warranty disclaimers, releases, and limitations of liability the Company would be unable to provide the Services to you.
SECTION 1 – GENERAL TERMS
The following rules apply unless the context of this Agreement requires otherwise:
- the singular includes the plural and vice versa;
- if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- headings are for convenience only and do not affect the interpretation of this Agreement;
- a reference to dollars is to a reference to currency of the United States of America;
- if a period of time is specified from, after or before a given day or the day of an act or event, it is to be calculated exclusive of that day; and
- references to any person include references to any individual, company, body corporate, association, partnership, firm, joint venture, trust and governmental agency.
We reserve the right to refuse service to anyone for any reason at any time. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, money laundering or terrorist financing). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms, or a reason to suspect any illegal activity or unauthorized use of our Services, will result in an immediate termination of your Services.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; (b) transmission to different geographical locations; and (c) changes to conform and adapt to technical requirements of connecting networks or devices.
SECTION 2 - CONSENT AND NOTICE REGARDING ELECTRONIC COMMUNICATIONS
By selecting “Submit”, “Send”, “Approve”, “OK” or other similar approval or submission buttons, checkboxes or tick boxes (“Submit Buttons”) on the Website, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting Submit Buttons you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide the Company instructions, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the Company. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement.
In order to use certain features, participate in promotions, or receive/use some Services, the Company may require you to agree to additional rules, policies, or other conditions (collectively, “Conditions”). In such an event, you may be required to consent to additional terms set forth in certain applicable Conditions by clicking on a button or checking a box to indicate your consent. In the event that the terms of such “click-through” agreements differ from the Terms, the terms of the click-through agreement will alter the Terms with respect solely to matters governed by the click-through agreement.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. Opinions and projections included on the Website are provided as of the date of publication, may prove to be inaccurate, and are subject to change without notice. Users should not treat these materials as advice regarding legal, tax, or investment matters. No recommendations are made to invest in Digital Assets, the Company nor any other investment. An offering may be made only by delivery of a confidential offering memorandum, a confidential private placement memorandum or a confidential investment management agreement to appropriate investors. Past performance is no guarantee of future results. Additional information about the Capriole Investments Limited and its performance is available upon request.
This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applies to the Website, the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices, fees, minimums, and other criteria for doing business with us are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. Products and services cannot be returned nor refunded.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and services or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Company does not endorse such external websites and resources, and the Company is not liable for any content, advertising, products, or materials on or available from such websites or resources. The Company is not liable for any loss or injury suffered by you as a result of visiting any external websites or resources linked to through the Services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, content entries or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – PROHIBITED USES
SECTION 12 – PROPRIETARY INFORMATION
The Company owns and operates the Services. By using the Services, you agree that the Services, any software or algorithms used in connection with the Services, and any Company Content contain proprietary and confidential information that is protected by intellectual property and other applicable laws. You may not modify, rent, lease, loan, license, sell, distribute, or create derivative works based on the Services, software, or Content offered, unless such use is expressly authorized by the Company in written agreement.
Kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
SECTION 13 – COPYRIGHT
Other than the downloading of the Website to a single personal computer and the printing of one hard copy for personal use, no information on the Website in whatever form may be reproduced or distributed in any form for commercial or business use without the prior written consent of an authorized representative of The Company. Any other use of the information including (but not limited to) its modification, republication and distribution are forbidden. The rights of any other owner of information contained on the Website or on any links from it are reserved.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 14 – CUSTOMER REGISTRATION INFORMATION
The Services require account registration on the Website or with the Company to use (“Customer Account”). In creating your Customer Account, you agree to: Provide true, current, accurate, and complete information as prompted by the Customer Account registration form (“Customer Data”); and maintain and punctually update the Customer Data, as it may be required, to keep the data accurate and current. The Company uses the Customer Data to provide the Services, and any inaccurate or dated Customer Data will hinder the Company’s ability to provide the Services. As a result, if the Company has reasonable grounds to suspect that the Customer Data is inaccurate or dated, the Company has the right to suspend or terminate your Customer Account. The Company also has the right to refuse any future use of the Services by you. As consideration for using the Services, you represent and warrant that you are able to form a legally binding contract and are not otherwise barred from receiving the Services under the laws of any jurisdiction.
As part of the registration process, you may be asked to provide a password for your Customer Account. You should keep your password confidential at all times, as you are responsible for all activities that initiate from your Customer Account and you can only access your Customer Account upon inputting your password. Do not share your password with anyone else for any reason. While the Company uses reasonable security protocols to protect the confidentiality of your password, the Company cannot guarantee absolute security of your password, Customer Account, Customer Content, or the personal, and financial information that you provide. The Company cannot guarantee that the security measures in place will prevent third-party hackers from illegally accessing the Services or its contents. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to the Company. In the event of an unauthorized use of your Account, you shall notify the Company of the unauthorized access, or any other security breach, at once. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to the Company. The Company retains the right to suspend your Customer Account or require you to change your password if the Company believes for any reason that your password is no longer secure.
Whilst the Company will take all reasonable steps to protect all personal information received from you it does not guarantee the security of any information given to it via this Website or any Website accessible through it.
If you provide the Company third-party credentials and other sensitive information, the Company is not liable for any loss or damage that may result from the availability of these credentials, or any exposure the sharing of these credentials creates. For managed accounts, if you create an Applications Programming Interface (“API”) key incorrectly or create an API key with the wrong access privileges, or create and API key without proper IP whitelisting you are exposing your account to heightened risk of theft, adversarial usage, hacking or other damages. The Company accepts no liability for your handling of API information, or your provision of API key details to us.
SECTION 15 – CUSTOMER CONTENT
Any and all information, other than that governed by the Policy (e.g. personal information), including but not limited to data, text, financial information, software, sound, photographs, video, graphics, messages, and all other materials that you transmit, upload, or supply to the Company is Customer Content. The Company is not responsible for Customer Content. You are responsible for all of the Customer Content that you upload, post, transmit, or otherwise make available, whether privately or publicly, through the Services and the Company network. Customer Content is not controlled or monitored by the Company, and thus, the Company does not guarantee the accuracy, quality, or integrity of any Customer Content. By using the Services, you may be exposed to Customer Content that you find offensive, indecent, or otherwise objectionable. The Company will not be liable in any way for any Customer Content under any circumstances. Such circumstances include, but are not limited to, any mistakes or omissions in Customer Content; or any loss or damage of any kind suffered as a result of the use of any available Customer Content. Notwithstanding the above, the Company reserves the right, but has no obligation or duty, to monitor any and all Customer Accounts, or web or mobile activities, related to the Services. The Company reserves the right, but has no obligation or duty, to monitor any Customer’s use of or access to the geographic and personal information of other Customers. The Company may access, preserve, and release your Customer Content, Payment Method, and Customer Data if required to do so by law or in a good faith belief that such action is reasonably necessary to: Satisfy any applicable law, regulation, judicial process, or government request; Enforce the Terms and investigate potential violations of the same; Investigate and defend against any third party allegations; Respond to claims that any Customer Content violates the rights of third parties; Respond to your requests for customer service; Prevent fraud; Secure the integrity of the Services and network; Repair any technical issues; or Protect the rights, property, or personal safety of The Company its customers and employees, or the public as permitted or required by law. The Company will at all times use reasonable efforts to maintain the confidentiality of your Customer Data and Payment Method information.
Customer Content Warranties
By uploading, posting, transmitting, or otherwise providing Customer Content through the Services, you expressly warrant that: You alone are responsible for transmission, accuracy, and publication of the Customer Content, and that, as such, The Company bears no liability, in any capacity, for the Customer Content; You own and/or control all of the rights to that Customer Content; and The uploaded, posted, or otherwise transmitted Customer Content does not infringe on or otherwise violate the rights of any third party, including any intellectual property rights of the third party.
Prohibited Customer Content
You may not upload, post, transmit, or otherwise make available Customer Content through the Services or the Company network that: Is patently offensive and/or promotes racism, bigotry, homophobia, hatred or physical harm of any kind against any group or individual; Harasses another person; Advocates for the harassment of another person; Sexually exploits another individual; Violently exploits another individual; Contains nudity, violence, offensive, or lewd subject matter; Provides the telephone number, street address, last name, email address, or any other sensitive personal information of anyone except you; You know, or reasonably should know, is false or misleading; Promotes illegal or criminal activities or conduct that is abusive, threatening, obscene, or defamatory. Such illegal activities include, but are not limited to, providing instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses; Violates any intellectual property or other proprietary right of any third party. This includes Customer Content that promotes or advertises an illegal copy of another individual’s copyrighted or otherwise protected work; Transmits, or otherwise encourages or facilitates the transmission of, junk mail, chain letters, spam, bulk mass mailing, or phishing; Solicits personal information, such as passwords, from other Customers for commercial or unlawful purposes; Promotes or involves commercial activities without the Company’s prior written consent. Such commercial activities may include contests, sweepstakes, trades, advertising, and sales of goods; Violates a third party’s privacy. Such violations include posting a photograph of a third party without his or her consent or posting the picture of a minor without the consent of his or her parent or guardian; or Contains a virus, Trojan horse, or other malicious component. The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have uploaded, posted, transmitted, or other made available any of the prohibited Customer Content through the Services or the Company network.
Third party access to customer content
The Company may provide you with the ability to make certain submitted Customer Content “Private” or only available to select Customers of the Services. If you make such an election upon the submission of Customer Content, the Company will use reasonable efforts to maintain the privacy of such Customer Content in accordance with your decision. However, if no such election is made, or if you later elect to allow such Customer Content to be generally available, then the Company cannot and does not warrant the privacy of such Customer Content. The Company uses reasonable efforts to prevent Customer Content from any disclosure to, or access by, any third parties that exceeds your Customer Account and Service requirements. However, posting Customer Content poses an intrinsic risk that the content will be unintentionally and accidentally disclosed to and accessed by third parties. As a result, the Company cannot promise that your Customer Account settings will completely protect against some of your Customer Content from being disclosed to or accessed by unintended third parties. The Company shall not be liable for any such accidental and unintended disclosures.
Ownership of customer content
The Company does not own Customer Content. However, you grant the Company a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, copy, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and display, incorporate, and otherwise exploit any Customer Content (excluding Personal Information and Payment Method Information) that you post or make available in connection with The Company or the Services for any purpose, be it commercial, advertising, or otherwise, or in connection with the promotion or operation of the Company or the Services. By uploading, posting, or otherwise making available in connection with the Company or the Services any Customer Content, you waive any moral rights that you may have had in said Customer Content.
Review of customer content
The Company and its agents shall have the right, but not the obligation or duty, to pre-screen, monitor, refuse, or remove any Customer Content that is available through the Services. By using the Services and consenting to the Terms, you understand and admit that when you access or use the Services you may be exposed to Customer Content from many sources, and that the Company is not liable for the accuracy, safety, usefulness, or legality of any of the Customer Content. Additionally, you may be exposed to Customer Content that you find personally and/or objectively offensive, inaccurate, indecent, or injurious. The Company is not liable for any harm suffered as a result of your exposure to such Customer Content, and you hereby waive any and all legal and equitable rights or remedies you may have against the Company with respect to this Customer Content. You bear any and all risks associated with the use of any Customer Content available through the Services, including your reliance on the accuracy or completeness of such Customer Content. Notwithstanding any of the foregoing, the Company shall have the right to remove any Customer Content that violates the Terms or is otherwise objectionable. The right to remove objectionable Customer Content is exercisable by the Company in its sole and absolute discretion.
SECTION 16 - THE COMPANY CONTENT
The trademarks, trade names, trade dress, service marks, copyrighted material, source code, algorithms, financial market analysis, and other information (collectively, “the Company Content”) contained in the Products and Services and on the Company network are owned by the Company.
The Company is the exclusive owner of all the Company Content, including any and all copyrights, trademarks, trade dress, service marks, source code, algorithms, and other intellectual property rights. The names “Capriole”, “Capriole Investments” and “Capriole Fund”, along with the associated logos, marks, designs, and names of the specific Services are the exclusive trademarks of the Company, and you shall not use or display such trademarks in any manner without the Company’s prior written consent. All rights not expressly granted hereunder are expressly reserved by the Company. Any third party trade or service marks displayed through the Services are the property of their respective owners.
Except as expressly permitted by certain Services as provided for in the Conditions applicable to those Services, you may not download, copy, or save any Company Content or any portion thereof, for any purpose. You may print individual screens appearing as part of the Services only for personal use or records (e.g. printing a screen grab of a specific financial market analysis), provided, however, that any logos, marks, or other legends that appear on the screens remain and are not erased from the printed copy. Unless expressly permitted under the Terms, applicable Conditions, or with the prior written consent of the Company, you may not modify, copy, publish, display, adapt, transmit, or otherwise exploit the Company Content.
The Company does NOT give Financial or Investment Advice
The Company Content does NOT constitute FINANCIAL OR INVESTMENT advice. Any FINANCIAL OR INVESTMENT related questions should be promptly directed towards your FINANCIAL OR INVESTMENT ADVISER. You should consult with a FINANCIAL OR INVESTMENT ADVISER prior to your use of the Company and the Services. The Company Content, including but not limited to all financial market analysis and predictions, text, photographs, images, graphics, audio, video, and other materials, along with any and all Customer Content and Third Party Content, is not intended to be, and should not be used in place of: The advice of a financial or investment adviser; or A consultation, call, or visit with a financial or investment adviser. The Company Content should not be used for long-term financial planning. You should not disregard, or delay in seeking, financial advice from a financial or investment adviser as a result of any of the Company’s Content. YOUR TRANSMISSION AND RECEIPT OF THE COMPANY CONTENT, IN WHOLE OR IN PART, OR YOUR COMMUNICATION WITH THE COMPANY AND THE SERVICES THROUGH THE INTERNET, EMAIL, OR ANY OTHER MEANS DOES NOT CONSTITUTE OR CREATE A FIDUCIARY RELATIONSHIP BETWEEN THE COMPANY AND YOU OR ANY OTHER CUSTOMER.
SECTION 17 – INDEMNITY
You agree to indemnify and hold the Company, along with its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, harmless from any claim or demand, including those for attorneys’ fees, made by any third party as a result of: Any Customer Content submitted, posted, transmitted, or otherwise made available through the Services by you; Your use or access of the Services; Your connection to the Services; Your use of the Website; Any violation of the Terms which you commit; Your use or misuse of any other Customer’s personal or financial information; Your violation of the rights of any other individual or entity; or Your use of the Services to meet another Customer in-person or to otherwise locate and attend any offline place or event. The Company retains the right, at a specific Customer’s expense, to assume the exclusive defense and control of any matter for which that specific Customer is required to indemnify the Company, and the specific Customer agrees to cooperate with the Company’s defense of these claims.
SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove services for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, along with any and all of its subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, strict liability or otherwise, arising from your use of the Service or any products procured using the service, or for any other claim related in any way to your use of the Service or Website or any product, including, but not limited to: (a) any errors or omissions in any content; (b) Service interruptions, errors, delays or security; (c) accuracy or reliability issues; (d) quality issues of any products, services, information, or other material purchased, downloaded, or obtained by you through the Services. The Company, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers do not warrant or make any representations regarding the use or the results of the use of any personal information or the Services in terms of security, correctness, accuracy, safety, reliability, or otherwise. You alone assume the entire cost of any necessary servicing, repair, or correction related to the Services.
In addition to and notwithstanding the above disclaimers, the Company further disclaims any and all liability or responsibility for the content, accuracy, completeness, legality, operability, reliability, or availability of any information or material provided by or in connection with the Services. The Company also disclaims any and all responsibility or liability for the content, accuracy, completeness, legality, operability, reliability, or availability of any search results or financial market analysis generated by or through the Services, or those displayed through the Services. Further, the Company disclaims any liability for the erasure, failure to store, failure to deliver, or untimely delivery of any information or material, including the Company and Customer Content, sent through the Services. By using the Services, you agree that you download or otherwise obtain material or data from the Company or the Services at your own discretion and at your own risk. The Company disclaims any and all responsibility and liability for any injury to you that results from downloading or accessing any information or material through the Company or the Services. Persons under the age of 18 (“Minors”) may not use the Services or affiliated network of the Company at any time of in any manner. As a result, the Company is not directed at, and does not target, Minors, nor does the Company use its Services or network to knowingly solicit personal, geographic, or financial information from Minors. Upon learning that a Minor has provided personal, geographic, or financial information, the Company will use reasonable efforts to remove the information of said Minor from its records. The parent or guardian of a Minor who learns that their Minor has created a Company Customer account may contact the Company and request that the Minor’s information and account is deleted. Failure of the Minor’s parent or guardian to contact the Company will result in the parent or guardian accepting full responsibility for his or her child’s use of the Company and the Services, including any and all financial charges and legal liability that such child may incur.
SECTION 19 - LIMITATIONS OF LIABILITY AND DAMAGES
By using the Services, you understand and agree that the Company, along with all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, will under no circumstances, including without limitation, negligence, be liable to you for any special, indirect, incidental, punitive, reliance, consequential (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES), or exemplary damages related to or arising from: The Company’s use, disclosure, maintenance, or display of a Customer’s personal information; Your ability or inability to use the Services; The Services, including the systems and servers that make the Services available; or Any other interaction between you and the Company or any other Customer of the Services. In such circumstances, the Company will not be liable even if the Company, or one of the Company’s authorized agents, has been advised of the possibility of such damages. Further, the above limitation shall apply to damages suffered as a result of third party services or goods received through or advertised on the Company or the Services; through the Services; received through any links provided by the Company; or by reason of any advice or information received through or advertised on the Company or the Services. Under no circumstances, including without limitation negligence, will the Company, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, be liable for the costs of procurement of substitute goods or services, lost profits, or lost data. This limitation shall also apply to the performance or non-performance of the Company or the Services or any information or merchandise that appears on, is linked to, or is related in any way to the Company or the Services. Notwithstanding any failure of the essential purpose of any limited remedy, such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall the total liability of the Company, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, to you for any damages, injuries, losses, or causes of action arising out of or relating to the Terms or your use or access of the Services, whether arising in contract, tort, warranty, or other law exceed zero dollars ($0). The Company shall, under no circumstances, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, of from forces or causes beyond its reasonable control, including, but not limited to: Internet failures, computer equipment failures, any other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, strikes, labor disputes, riots, insurrections, civil disturbances, labor material shortages, fires, floods, storms, acts of God, war, acts of terror, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of any third parties. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Website, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a customer’s reliance on information obtained through the content on the Website. It is the responsibility of each customer to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Website. The Company does not endorse, warrant, or guarantee any product or service offered by a third party through the Website. Under no circumstances shall the Company, its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys” fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Website, even if the Company has been advised of such damages. If you are dissatisfied with any of the Website’s Information or other materials, or with any of the terms and conditions contained in the Website, your sole and exclusive remedy is to discontinue using the Website. The limitations of liability set out hereinabove shall survive any termination or expiration of the Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. In the event that any provision of the above limitations of liability are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the limitations of liability, which shall remain in full force and effect and be enforceable in accordance with their terms.
Accordingly, the Company shall not be liable for any loss or damage that anybody may suffer (whether directly or indirectly) as a result of relying on the information contained on the Website or on information contained on any Website accessible via the Website. Nor shall the Company be liable for any direct or indirect loss or damage resulting from any interruption in availability, viruses, contamination, lack of technical specifications necessary for downloading or any other liability howsoever caused. In using the Website, the user accepts all risks pertaining thereto.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - NOTICES
SECTION 22 – GOVERNING LAW
These terms shall be governed by and construed in accordance with Cayman Islands law and subject to the sole jurisdiction of the Cayman Islands courts. Except to the extent prohibited by applicable law, the parties hereby agree that any claim or cause of action arising out of, or related to, the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
No representation or warranty is made by the Company that the information and materials on or accessed through this Website comply with legislative or regulatory requirements applicable to other areas in which this Website may be accessed. The Company makes no guarantees that Customer Content, Company Content, or the Services are appropriate or available for use in locations other than the Cayman Islands. Access to the Services from territories where their content or use is illegal is prohibited. If you choose to access the Services from locations outside of the Cayman Islands you do so on your own initiative and are responsible for compliance with any and all applicable local laws. The Company Content and Customer Content may not be exported or used in violation of the laws and regulations of the Cayman Islands.
SECTION 23 – SEVERABILITY
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – DISCLAIMER OF SOLICITATION
Capriole Investments Limited, the Capriole Fund, Ltd., the Capriole Fund, LP and the Capriole Master Fund, Ltd., its affiliates, service providers, officers, directors, agents, members, shareholders and employees (collectively “Capriole”) do not recommend nor directly solicit any investment on www.Capriole.com and www.Capriole.io (the “Websites”). Users of the Websites should not rely upon the data provided to make an investment decision and should note that past performance is not an indication of future performance. No material shall constitute or be considered an offer to buy or sell, a solicitation of an offer to buy or sell or a recommendation of any security.
By accepting the Terms of Service you confirm your intention to gain access to detailed fund and alternative investment information and that you were not, in any form, solicited with any fund or alternative investment information by Capriole prior to your registration on the Websites. You confirm that you meet your respective local accreditation requirements and you are (i) in the case of Swiss persons, a “qualified investor” within the meaning of Article 10 CISA with domicile/registered seat in Switzerland, (ii) in the case of a person from the European Union, a “professional investor” or a “qualified investor”, (iii) in the case of a U.S. person, an “accredited investor” or a “qualified purchaser”; or (iv) in the case of persons not falling under (i), (ii) or (iii) above, a professional or other sophisticated investor or prospective investor to whom Capriole may lawfully provide its services according to local regulations, and that you explicitly request access to information on Capriole funds and alternative investments.
SECTION 26 – DISCLAIMER OF RISK
The purchase of cryptocurrencies (Bitcoin, “altcoins,” other present and future cryptocurrencies, tokens, tethers, other present and future instruments related to cryptocurrencies and blockchain technology generally) and other investments in the cryptocurrency space (together “Digital Assets”) and Digital Asset funds and investment products, including those of Capriole Investments Limited, Capriole Fund, LP, the Capriole Fund, Ltd. and the Capriole Master Fund, Ltd. (collectively “Capriole”) involves significant risks. Digital Asset risks include, but are not limited to, exchange risk, legal risk, hacking risk, market risk, liquidity risk, trading risk and default risk. Profits or losses could result from any of these risks.
The below outlines some of the risks involved in the purchase of Digital Assets and Capriole funds and investment products. The below list of risk factors does not purport to be a complete enumeration or explanation of the risks involved in investments in Digital Assets or investment with Capriole. Prospective investors should consult with their own advisers before deciding whether to invest in Digital Assets or with Capriole. In addition, as Capriole’s investment program develops and changes over time, an investment with Capriole may be subject to additional and different risk factors.
It may be illegal, now or in the future, to own, hold, sell or use Digital Assets in one or more countries, including the United States. Although currently Digital Assets are lightly regulated in most countries, including the United States, one or more countries may take regulatory actions in the future that severely restricts the right to acquire, own, hold, sell or use Digital Assets or to exchange Digital Assets for fiat currency. Such an action may restrict your ability to hold or trade Digital Assets and could result in termination of your account at a time that is disadvantageous to you or may adversely affect an investment you hold.
Hackers or malicious actors may launch attacks to steal, compromise, or secure Digital Assets, such as by attacking digital asset network source code, exchange servers, third-party platforms, cold and hot storage locations or software. While Capriole undertakes efforts to secure and safeguard the Digital Assets in its custody from theft, loss, damage, destruction, malware, hackers or cyber-attacks, there can be no assurance that such security measures will be effective. At this time, there is no U.S. or foreign governmental, regulatory, investigative, or prosecutorial authority or mechanism through which to bring an action or complaint regarding missing or stolen Digital Assets. Consequently, Capriole may be unable to replace missing Digital Assets or seek reimbursement for any theft of Digital Assets.
Digital Assets may be or become relatively illiquid, either because they are thinly traded or no longer trade on an exchange. Exchanging Digital Assets for a specific fiat currency may be impossible at any given moment. Illiquidity can be caused by many things including:
- Government regulation;
- Pre-ICO restrictions;
- Exchange maintenance or downtime;
- Exchange hacking;
- Lockup periods; or
- Limited market for the exchange for cryptocurrencies.
Capriole may not be able to promptly liquidate Digital Asset investments if the need should arise, and its ability to realize gains, or to avoid losses in periods of rapid market activity, may therefore be affected. The prices realized on the resale of illiquid investments could be less than those originally paid by Capriole.
A principal risk in trading Digital Assets is the rapid fluctuation of their market price. Digital Assets represent a speculative investment and involve a high degree of risk. From day-to-day and month-to-month, it is normal to expect downdraws. All investments have a risk of loss of investment due to volatility. As relatively new products and technologies, a significant portion of the demand for Digital Assets is generated by speculators and investors seeking to profit from the short- or long-term holding of Digital Assets. A lack of expansion by Digital Assets into retail and commercial markets, or a contraction of such use, may result in increased volatility.
In order to raise additional cash for investment, Capriole may borrow money from banks and other sources and will pay interest thereon. Any investment gains made with additional monies in excess of interest paid causes investment values to rise faster than would otherwise be the case. On the other hand, if the investment performance of the additional investments purchased fails to cover their cost (including any interest paid on the money borrowed), the investment value decreases faster than would otherwise be the case. This is the speculative factor known as “leverage.” In the event of adverse market movements or other factors, leverage may require calls for substantial additional margin which may result in additional losses, liquidation or may limit the assets available for other investments at an inopportune time.
Capriole may not be suitable for your investment needs. Capriole trading decisions are on a discretionary basis using fundamental and technical analysis, as well as automated algorithms and artificial intelligence systems and no assurance can be given that such trading strategies used by Capriole will be successful, or that losses could not occur. Profits and losses could result from the trading strategies employed by Capriole which could result in the loss of some or all of your initial investment. Past performance is not indicative of future performance. There is no guarantee of future success and there is risk that trading strategies become unprofitable in the future. There can be no assurance that the investment objective of the Capriole will be achieved.
SECTION 27 – NO INVESTMENT ADVICE PROVIDED
Nothing on this website, nor any other media shared by Capriole, including on www.TradingView.com, www.Medium.com, www.LinkedIn.com, www.Twitter.com and on Telegram or any other public medium (collectively the “Public Channels”), should be considered investment or financial advice and should not to be used as a decision-making power. Any alerts, signals, prices, charts, text or other information conveyed by Capriole, its affiliates, service providers, officers, directors, agents, members, shareholders and employees on the Public Channels are provided for entertainment purposes only and do not constitute investment advice. You are solely responsible for all actions taken using Capriole media on Public Channels and you are the sole bearer of profits or losses that occur in result. Opinions, market data, recommendations or any other content is subject to change at any time without notice. Capriole will not accept liability for any loss or damage, including without limitation any loss of profit, which may arise directly or indirectly from use of or reliance on such information. Any downtime is not liable to the vendor and should not be pursued as such.