Terms of Use

Disclaimer

These Terms of Use apply to oilxcoin.io as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Use appears (collectively, the "DeXentra Website") and apply to all visitors. These Terms of Use and any other terms that appear on the page from which you were directed to these Terms of Use govern your use of the DeXentra Website and any services provided by DeXentra through the DeXentra Website (the “Services”), including the offering and redemption of non-fungible tokens (“NFTs”) and the offering of OilXCoins (collectively, NFTs and OilXCoins are referred to as “Tokens”). By accessing the DeXentra Website or using the Services, you agree to be legally bound by the Terms of Use then in effect. Please also refer to the relevant additional legal information applicable to your country.

Your use of the DeXentra Website and the Services (as applicable) is subject to these Terms and DeXentra’s obligations hereunder are conditional on you complying with its provisions. You understand that any violation of these Terms may result in potential consequences, including the possible loss or forfeiture of Tokens.

You understand and agree that sending Tokens to another address automatically transfers and assigns to the owner of that address (a “Holder”), and any subsequent Holder. 

Amendments

These Terms of Use as well as the information and materials contained in the DeXentra Website are subject to change at any time and from time to time, without notice. DeXentra may add features to or remove features from the DeXentra Website at any time and from time to time in our sole discretion. Continued access to the DeXentra Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified.

If you do not agree to be bound by these Terms of Use, do not use the DeXentra Website.

Access Subject to Local Restrictions

The DeXentra Website and all information and functionalities contained within them are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant branch, subsidiary or affiliate office of DeXentra and such licenses or authorizations have not been obtained.

Your holding and use of a Token, and any use of the Services, is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering (“AML”) and counter-terrorist financing (“CTF”) provisions and sanctions.  You agree to act in compliance with and be legally bound by these Terms and all applicable laws and regulations.

By holding or using a Tokens, or accessing or using the Services, you further represent and warrant that:

• you are at least 18 years old,
• you are not subject to legal sanctions or are located within a sanctioned territory, and are not holding Tokens on behalf of any such person, and  
• you will not be using Tokens or the Services (as applicable) for any illegal activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, terrorism financing, other violent activities or any prohibited market practices. 

Services and Products

Products and services displayed on the DeXentra Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information located at https://oilxcoin.ch/en/nft/term-sheet and https://oilxcoin.ch/en/token/term-sheet.

Any materials, information or reports published, distributed or otherwise made available on the DeXentra Website is published for information purposes and is subject to change at any time without notice. They have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient and should not be construed as a solicitation, offer or recommendation, to buy or sell any securities, investment or other financial instruments, to effect any transactions or to conclude any legal act of any kind whatsoever. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other businesses of DeXentra as a result of using different assumptions and criteria. DeXentra is not under any obligation to update or keep current the information contained herein nor to remove any outdated information from the DeXentra Website or to expressly mark it as being outdated.

No Offer

All information and materials published, distributed or otherwise made available on the DeXentra Website are provided for informational purposes, for your non-commercial, personal use only.

DeXentra does not provide investment, legal or tax advice through the DeXentra Website and nothing herein should be construed as being financial, legal, tax or other advice. DeXentra does not represent that any securities or services discussed are suitable for any investor. No investment or other decisions should be made solely based on the contents or information found on the DeXentra Website.

When making a decision about your investments, you should seek the advice of a professional financial advisor or qualified expert.

Performance

The future performance of an investment cannot be deduced from previous market value, i.e. the value of an investment may fall as well as rise. An investment may also lose value due to changes in rates of foreign exchange. DeXentra cannot guarantee that any capital invested will maintain or increase in value.

Forward Looking Statements

The DeXentra Website may contain statements that constitute "forward-looking statements". While these forward-looking statements may represent DeXentra’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from DeXentra’s expectations. DeXentra is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of new information, future events, or otherwise.

Support

As a result of the decentralized and open-source nature of the Tokens it is possible that a party unaffiliated with DeXentra could create an alternative, equivalent version of a Token (a “copy”) that operates independently.  Similarly, it is possible that a party unaffiliated with DeXentra may create an asset and purport that such asset is collateralized by or otherwise incorporates Tokens into its design (a “wrapper”). DeXentra is under no obligation to support any copies of Tokens or wrappers and assumes no responsibility for any value that might be lost as a result of this lack of support of copies of Tokens. 

As a result of the decentralized and open-source nature of the blockchain technology that evidences Token ownership, it is possible that a party unaffiliated with DeXentra could create an alternative version of the blockchain (a “fork”). In such an event, DeXentra may be forced to suspend some or all activities relating to Tokens for an extended period of time until DeXentra has determined in its sole discretion that such functionality can be restored. This may potentially occur with little to no warning, and during this period you will not be able to conduct various activities involving Tokens. In the event of a fork DeXentra will, in its sole discretion, determine which fork it will support, if any.  

DeXentra does not have any ability or obligation to prevent or mitigate attacks or resolve any other issues that might arise with any blockchain evidencing ownership of Tokens. Any such attacks might materially delay or prevent you from sending or receiving Tokens, and DeXentra bears no responsibility for any losses that result from such issues.

DeXentra reserves the right to migrate Tokens to another blockchain or protocol in the future in its reasonable discretion. Upon DeXentra’s request, you agree to take any and all actions reasonably necessary to effectuate the migration of your Tokens to another blockchain or protocol identified by DeXentra. DeXentra will not be responsible or liable for any damages, losses, costs, fines, penalties or expenses of whatever nature, whether or not reasonably foreseeable by the parties, which you may suffer, sustain or incur, arising out of or relating to your failure to effectuate such migration of your Tokens to another blockchain or protocol identified by DeXentra.

No Warranty

Your use of the DeXentra Website is at your own risk. The DeXentra Website, together with all content, information and materials contained therein, is provided "as is" and "as available", without any representations or warranties of any kind. Any materials, information or content accessed, downloaded or otherwise obtained through the use of the DeXentra Website is done at your own risk and DeXentra is not responsible for any damage to your computer systems or loss of data that results from the download of such material. DeXentra and its affiliates expressly disclaimer all representations or warranties of any kind, whether express or implied, with respect to the DeXentra Website, and all materials, information, content and functionalities contained herein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, DeXentra does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the DeXentra Website or the information or results obtained from use of the DeXentra Website, or that the DeXentra Website will be available at all times or is virus-free or error-free.

Risks

Third-party platforms

The Tokens are based on open-source software. This means that third parties can elect to support Tokens on their platforms without any authorization or approval by DeXentra or anyone else.  As a result, Token support on any third-party platform does not imply any endorsement by DeXentra that such third-party services are valid, legal, or otherwise appropriate. DeXentra is not responsible for any losses or other issues you might encounter using Tokens on non-DeXentra platforms.

You accept all consequences of sending a Token. Token transactions are not reversible. Once you send a Token to an address, you accept the risk that you may lose access to, and any claim on, that Token indefinitely or permanently. For example, (i) an address may have been entered incorrectly and the true owner of the address may never be discovered, (ii) you may not have (or subsequently lose) the private key associated with such address, (iii) an address may belong to an entity that will not return the Token, or (iv) an address belongs to an entity that may return the Token but first requires action on your part, such as verification of your identity.

Blocked Addresses & Forfeited Funds

DeXentra reserves the right to “block” certain Token addresses and freeze associated Tokens (temporarily or permanently) that it determines, in its sole discretion, may be associated with illegal activity or activity that otherwise violates these Terms (“Blocked Addresses”).

Software protocols and operational challenges

You are aware of and accept the risk of operational challenges. DeXentra may experience sophisticated cyberattacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays, including delays in redeeming NFTs. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold DeXentra accountable for any related losses.

Compliance

You are responsible for complying with applicable law. You agree that DeXentra is not responsible for determining whether or which laws may apply to your transactions, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of Tokens or the Services, including any accurate reporting of the tax or legal status of Tokens in your jurisdiction.

Legal treatment of Token transfers

The regulatory status of the Tokens and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to the Tokens, blockchain technology and its applications.  Accordingly, it is not possible to determine whether a Token transfer would be recognized under applicable law by a court or regulator at the U.S. state, U.S. federal, or international level.

Legislative and regulatory changes

Legislative and regulatory changes or actions at the U.S. state, U.S. federal, or international level may adversely affect the use, transfer, redemption and/or value of the Tokens.

Transactions irreversible

When a Token is sent to a third-party address, such transaction is irreversible and DeXentra does not have the ability to reverse or recall any transaction once initiated.  You bear all responsibility for any losses that might be incurred as a result of sending a Token to an incorrect or unintended address.

Restricted Activities

In connection with your holding or use of a Token, or the Services (as applicable), you hereby agree that you will not engage in any of the following activities (each, a “Restricted Activity”):

• violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
• intentionally try to defraud (or assist in the defrauding of) DeXentra or other persons;
• provide false, inaccurate, or misleading information;
• take any action that interferes with, intercepts, or expropriates any system, data, or information;
• partake in any transaction involving the proceeds of illegal activity;
• transmit or upload any virus, worm, or other malicious software or program;
• attempt to gain unauthorized access to the DeXentra Website, or any related networks or systems;
• use the Services on behalf of any third party or otherwise act as an intermediary between DeXentra and any third parties; or
• defame, harass, or violate the privacy or intellectual property rights of DeXentra or any other person.

Prohibited Transactions

Using a Token or the Services for transactions related to the following is prohibited (each a “Prohibited Transaction”), and DeXentra reserves the right to monitor and, if appropriate, block or otherwise prevent transactions that relate to:

• any Restricted Persons;
• weapons of any kind, including but not limited to firearms, ammunition, knives, explosives, or related accessories;
• controlled substances, including but not limited to narcotics, prescription drugs, steroids, or related paraphernalia or accessories, unless licensed and authorized by the jurisdiction in which the User is based as well as by the jurisdiction in which the transaction takes place;
• gambling activities including but not limited to sports betting, casino games, horse racing, dog racing, games that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing, unless licensed and authorized by the jurisdiction in which the User is based as well as by the jurisdiction in which the transaction takes place;
• money-laundering or terrorist financing;
• any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program;
• goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
• credit repair services, or other services that may present consumer protection risks;
• court ordered payments, structured settlements, tax payments, or tax settlements;
• any unlicensed money transmitter activity;
• annuities;
• counterfeit goods, including but not limited to fake or “novelty” IDs;
• wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit;
• purchasing goods of any type from “Darknet” markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods); or
• any other matters, goods or services that from time to time we communicate to you that are unacceptable and which, for example, may be restricted by our and your bank or payment partners.

No Liability

To the fullest extent permitted by law, in no event shall DeXentra or our affiliates, or any of our directors, employees, contractors, service providers or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the DeXentra Website, or any links to third party websites.

You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use the DeXentra Website and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g., by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). DeXentra specifically disclaims all liability for any tampering with any user's computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.

In no event will DeXentra or our affiliates, or any of our officers, directors, employees, contractors, service providers or agents be liable for any incidental, special, punitive or consequential damages howsoever caused arising out of the use of the DeXentra Website, its content, or the inability to use the DeXentra Website.

This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Indemnification; Release

You agree to indemnify and hold DeXentra, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees or penalties imposed by any regulatory authority) arising out of your breach of these Terms, your violation of any law or regulation or your holding or use of Tokens.

If you have a dispute with one or more third parties, you release DeXentra (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees and representatives) from all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

Force Majeure

DeXentra shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism; earthquake, fire, flood or other acts of God; labor conditions; power failures; equipment failures; and Internet disturbances.

Links

The DeXentra Website may contain third-party content or links to third party websites. These content and links are provided solely for your convenience and information. DeXentra has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third-party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. DeXentra shall have no liability for third party content or websites or websites linking to or framing the DeXentra Website.

Social Bookmarks

The DeXentra Website may contain social bookmarks which are identifiable by means of their respective buttons. Social bookmarks allow users of certain social media platforms to post links to selected DeXentra web pages on their social media accounts in order to bookmark them or share them with their social media contacts. If you use social bookmarks, you will be sending personal identifying data to the respective social media platform. Any comments or activity made by or carried out by persons using social bookmarks is not controlled, endorsed or monitored by DeXentra and DeXentra shall not be responsible or liable for such. Persons who share DeXentra communications via social bookmarks are not authorized to speak for or represent DeXentra and their views and opinions must be regarded as strictly their own and not DeXentra's. In addition, the provisions in these Terms of Use relating to Links also apply to social bookmarks.

Intellectual Property Rights

DeXentra, or the applicable third-party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the DeXentra Website. Individual pages and/or sections of the DeXentra Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the DeXentra Website for commercial or public purposes, without the prior written permission of DeXentra. Systematic retrieval of content from the DeXentra Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the DeXentra Website without the prior written permission from DeXentra is strictly prohibited.

The double oil drop symbol and OilXCoin are among the registered and unregistered trademarks of DeXentra. Other marks may be trademarks of their respective owners. Except as noted above, you may not use any trademarks of DeXentra for any purpose without the prior written permission of DeXentra.

Electronic Communication (E-Mail)

The internet is a universally accessible medium. Ordinary e-mail messages sent over the internet are neither confidential nor secure. They may be easily accessible by third parties and may entail a considerable amount of danger and risk including: (a) lack of confidentiality (e-mails and their attachments can be read and/or monitored without detection); (b) manipulation or falsification of the sender's address or of the e-mail's (or attachment's) content (e.g. changing the sender's address(es) or details); (c) system outages and other transmission errors, which can cause e-mails and. their attachments to be delayed, mutilated, misrouted and deleted; (d) viruses, worms, trojan horses, etc. may be spread undetected by third parties and may cause considerable damage; and (e) interception by third parties.

You are therefore recommended to communicate with DeXentra by using a secure channel if such channel is provided by DeXentra. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data.

Unless explicitly stated otherwise, DeXentra does not accept any orders or instructions sent by E-mail or any other electronic messaging system.

DeXentra shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to DeXentra using ordinary E-mail or any other electronic messaging system.

Privacy Statement

DeXentra has established a Privacy Statement, as modified from time to time, which explains how personal data is collected on the DeXentra Website and used. The Privacy Statement is part of these Terms of Use and is incorporated herein by reference.

Severability Clause

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms of Use but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

Conflict with Additional Terms

Certain web pages or areas on the DeXentra Website may contain additional terms, conditions, disclosures and disclaimers (collectively, the “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.

Assignment

We may assign these Terms and the rights and obligations of these Terms to any third party at any time without notice or consent.

Survival

Upon termination of these Terms, all rights and obligations of the parties that by their nature are continuing will survive such termination.

Governing Law; Venue

These terms, and any non-contractual rights or obligations arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with [Swiss] law.

Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms may only be brought in the courts of Switzerland, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.

No Waiver; Third-Party Beneficiaries

The failure of DeXentra to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties. Furthermore, if any portion of these Terms, whether in whole or in part, shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid against certain persons or categories of persons that are purportedly bound by these Terms, such portion of these Terms shall otherwise remain in full force and effect and remain enforceable as to any other persons bound by these terms.  These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and DeXentra and other DeXentra affiliates which each shall be a third-party beneficiary of these Terms, and no other person shall assert any rights as a third-party beneficiary hereunder. 

Last updated in February 2024.