Terms & Conditions
LAST UPDATED
Please read these terms and conditions carefully before using Our Service.
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Benchmark means any index, benchmark, rate, price, level or other value published or otherwise made available through the Service, together with its constituent values, weightings, timestamps, confidence intervals and related metadata.
Benchmark Data means the Benchmarks and any data, values or outputs derived from or underlying them, in any form, whether current, historical, back-tested, simulated, provisional or final.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Mecone Markets, Inc., 1411 W. 17th Street, San Pedro, CA, 90732.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Marks means Our names, logos, trademarks, service marks, trade dress and Benchmark names.
Methodology means the rules, calculations, source selection, weighting and governance procedures by which a Benchmark is constructed, including any documentation We publish describing them.
Service refers to the Website.
Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service. These Terms and Conditions have been created with the help of the Terms and Conditions Generator.
Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
Website refers to Mecone, accessible from https://mecone.trade/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.
The Benchmarks
Informational purposes only
The Benchmarks and all Benchmark Data are made available for general informational purposes only. They are not, and must not be treated as, financial, investment, legal, tax, accounting or other professional advice, and they do not constitute a recommendation, solicitation, invitation or offer to buy, sell, hold or otherwise transact in any security, commodity, futures contract, swap, digital asset or other instrument. They are general in nature, take no account of Your objectives, financial circumstances or needs, and no suitability or appropriateness assessment has been carried out for You or for anyone else. You should conduct Your own research and consult appropriately licensed professionals before making any financial decision. Any reliance You place on the Benchmarks or Benchmark Data is at Your own risk.
No regulated status and no advisory relationship
We are not registered or licensed with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the Financial Industry Regulatory Authority, the National Futures Association or any comparable regulator or self-regulatory organisation in any jurisdiction. We do not act as, and are not:
an investment adviser within the meaning of the Investment Advisers Act of 1940;
a commodity trading advisor, commodity pool operator, futures commission merchant or introducing broker within the meaning of the Commodity Exchange Act;
a broker, dealer or municipal advisor within the meaning of the Securities Exchange Act of 1934;
a designated contract market, swap execution facility, securities exchange, alternative trading system, derivatives clearing organisation or clearing agency; or
a fiduciary, promoter or expert (including as those terms are used in the Securities Act of 1933 and the Investment Company Act of 1940) in respect of You or any other person.
We are not authorised or registered as a benchmark administrator under Regulation (EU) 2016/1011, the UK Benchmarks Regulation or any equivalent regime, and no Benchmark should be relied upon as an authorised or registered benchmark. Your access to or use of the Service, the Benchmarks or the Benchmark Data does not create any advisory, fiduciary, agency, brokerage or client relationship between You and Us.
How the Benchmarks are produced
The Benchmarks are calculated from prices, quotes and other data obtained from prediction markets and other third-party sources. Those inputs reflect the terms on which participants in those markets were willing to transact. They are not observed prices for, or valuations of, any underlying asset, event or outcome. Third-party sources may be thin, illiquid, halted, delayed, mispriced, subject to manipulation, or simply wrong. We do not independently verify or audit third-party data, We do not guarantee it, and We are not responsible for it.
No warranty as to the Benchmarks
Without limiting the "AS IS" and "AS AVAILABLE" Disclaimer in these Terms, We make no representation or warranty, express or implied, that any Benchmark or Benchmark Data is accurate, complete, current, timely, continuous, uninterrupted, error-free, fit for any particular purpose, or suitable for use in any product, contract or system. Benchmark values may be delayed, restated, corrected, recalculated, suspended, withdrawn or discontinued at any time and without notice, and a Methodology may be changed at any time. Any historical, back-tested, simulated or hypothetical values are not actual performance, were prepared with the benefit of hindsight, and are not indicative of future results.
Your use of the Benchmarks is Your responsibility
You alone are responsible for determining whether a Benchmark is appropriate for Your purposes, including any use as a settlement price, mark, margin input, valuation source or oracle for any financial product, smart contract or protocol. If You use a Benchmark in that way You do so entirely at Your own risk, and You are responsible for Your own controls, including input validation, staleness and deviation checks, circuit breakers, fallback sources and dispute procedures. We do not sponsor, endorse, promote, guarantee or make any representation regarding any product, contract, protocol or strategy that references a Benchmark, whether or not We are aware of that reference, and We owe no duty and have no liability to any party to, or holder of, any such product or contract.
Publication to blockchains and other networks
Where Benchmark Data is published to, relayed onto or read from a blockchain or other distributed ledger, We do not control that network and make no representation about its availability, latency, ordering, finality or security. Data published in this way may be delayed, reordered, reorganised, censored or unavailable for reasons outside Our control.
Ownership, Licence and Restrictions on Data Extraction
Ownership
We and Our licensors own all right, title and interest in the Service, the Benchmarks, the Benchmark Data, the Methodologies and the Marks, including all intellectual property rights in them. We reserve, and will enforce to the fullest extent available, all such rights. Nothing in these Terms or on the Service transfers to You or any third party any title or interest in, or any licence or right to use or reproduce, any Benchmark, Benchmark Data, Methodology, Mark, image, text, software or code, except as expressly set out below. You may not use the Marks without Our prior written permission.
Limited licence
Subject to these Terms, We grant You a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to view and display the Service and the Benchmark Data for Your own internal, informational, non-commercial use, and to print or save individual pages in connection with that use. All other rights are reserved.
Prohibited extraction and use
You shall not, and shall not permit or enable any other person to:
extract, copy, download or store Benchmark Data in volumes greater than a person could reasonably obtain manually through ordinary use of the Service;
use any robot, spider, crawler, scraper, script, headless browser or other automated means to access, monitor or collect Benchmark Data or any other part of the Service;
access any application programming interface, endpoint or data source associated with the Service other than through an interface We have expressly made available to You, and in accordance with any applicable licence or documentation;
circumvent, disable or interfere with any rate limit, access control, authentication measure, robots.txt directive, caching rule or other technical or contractual measure intended to limit access to or extraction of Benchmark Data;
republish, redistribute, retransmit, license, sublicense, sell, rent or otherwise make Benchmark Data available to any third party, whether or not for a fee;
compile Benchmark Data into a database, archive, feed or other collection, or create any index, benchmark, valuation, derivative work or data product from it;
use Benchmark Data to train, fine-tune, evaluate or otherwise develop any machine learning model or artificial intelligence system;
use Benchmark Data to price, settle, margin, value or determine any payment under any financial instrument, contract, product or protocol, except under a separate written licence from Us;
remove, obscure or alter any copyright, trademark or other proprietary notice; or
use the Service or Benchmark Data in any way that damages, disables, overburdens or impairs the Service, or interferes with any other person's use of it.
Licensed use
Commercial use of the Benchmarks or Benchmark Data, including redistribution and any use in a financial product or contract, requires a written licence from Us. Please contact legal@mecone.trade.
Monitoring and enforcement
We may monitor use of the Service in order to detect and prevent activity prohibited by this section. You agree that a breach of this section would cause Us harm for which damages alone are not an adequate remedy, and that We may seek injunctive or other equitable relief in addition to any other remedy available to Us, without the need to post a bond. We may also suspend or terminate Your access immediately and without notice. You are responsible for any loss or damage, and for Our reasonable legal costs, arising from Your breach of this section.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Links from a Third-Party Social Media Service
The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, goods, or services made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service's terms and privacy policies.
Data Sources and Third-Party Beneficiaries
The Service depends on data supplied by third parties, including prediction markets, exchanges, venues and data vendors. Those parties are not owned or controlled by Us, We do not endorse them, and We are not responsible or liable, directly or indirectly, for any loss or damage caused by or in connection with their data, their systems, or any interruption, error, delay or discontinuation affecting them.
Our third-party data sources and licensors, and Our and their respective officers, directors, employees, agents and contractors, are intended third-party beneficiaries of the disclaimers, limitations of liability and use restrictions in these Terms, and may enforce them directly. Except as set out in this section, these Terms create no rights in favour of any person who is not a party to them.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
For the avoidance of doubt, the exclusions and limitations set out in this section and in the "AS IS" and "AS AVAILABLE" Disclaimer apply to any claim arising out of or relating to the Benchmarks or the Benchmark Data, including any claim based on the level, accuracy, timing, availability, restatement, correction, suspension or discontinuation of a Benchmark, and any claim brought by a person who relied on a Benchmark in entering into, pricing, margining, valuing or settling any contract or product.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of California, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: legal@mecone.trade