Terms of Use

Last updated: September 10, 2019

IMPORTANT – READ CAREFULLY

This is an agreement between Saint Bitts LLC (referred to herein as “Bitcoin.com”, “we”, “us”, or “our”) and you (together with Bitcoin.com, the “Parties” and each a “Party”). By using the Bitcoin.com website (the “Site”), its subdomains, and any services available within the site (collectively the “Services”), you agree to be bound by these Terms of Use as well as our Privacy Policy. If you do not agree to the Terms of Use herein, do not use the Site or Services.

Bitcoin.com reserves the right, at its sole discretion, to amend, change, modify, add or remove portions of these Terms of Use at any time.

It is your responsibility to check these terms periodically for changes. The current version of these terms is available at www.bitcoin.com/legal. Your continued use of the Services following the published updates to the terms will mean that you accept and agree to the changes.

We offer a wide range of services, and additional terms may apply. When you use a Bitcoin.com service (for example: local.bitcoin.com, pool.bitcoin.com, or forum.bitcoin.com) you will also be subject to the guidelines, terms, and agreements applicable to that particular service (the "Service Terms"). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control.

ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

1. COMPLIANCE WITH APPLICABLE LAW

Your relationship with Bitcoin.com and use of the Site or Services is subject to Applicable Law. "Applicable Law" refers to all applicable laws of any governmental authority, including, without limitation, federal, state and foreign securities laws, tax laws, tariff and trade laws, ordinances, judgments, decrees, injunctions, writs and orders or like actions of any governmental authority and rules, regulations, orders, interpretations, licenses, and permits of any federal, regional, state, county, municipal or other governmental authority. By entering into this agreement to use our Site or Services, you agree to act in compliance with and be legally bound to any and all Applicable Law.

2. ACCESSING THE SERVICES

2.1 Limited License. We grant you a limited, nonexclusive, non-transferable license to access and use the Services and the Site solely in accordance with the Terms of Use.

2.2 Credentials. You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that Bitcoin.com shall not be held responsible (and you shall not hold us responsible) for any unauthorized access to the Services or any resulting harm you may suffer.

2.3 Compliance. Your access to one or more Services may be contingent upon satisfaction of our onboarding processes, which may include verification of your identity and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update it promptly may result in Services or funds being unavailable to you.

2.4 Communications. Any and all communications from Bitcoin.com may be provided to you via electronic mail at the address you provided when accessing the Services. Bitcoin.com shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with your use of Services so long as such notice is provided to such email address. Bitcoin.com may also communicate with you through other methods, including via telephone call, instant messaging or chat applications either operated by Bitcoin.com or a third party.

2.5 Termination. We may close, terminate, enable or disable any or all of the Services, or your access to the Services at any time and for any reason.

3. GENERAL PROVISIONS

3.1 Intellectual Property

3.1.1 Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Site or the Services, are the property of Bitcoin.com or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Site or the Services.

3.1.2 You accept and acknowledge that the material and content contained in or delivered by the Site or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Site or the Services as set forth in this agreement.

3.1.3 You further acknowledge that any other use of content from the Site or the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the materials provided via the Site or the Services on any copy you make of the material but failing to do so shall not prejudice Bitcoin.com’s intellectual property rights therein.

3.1.4 You may not sell or modify materials derived or created from the Site or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Site or the Services without our express, written permission.

3.1.5 Any rights not expressly granted herein to use the materials contained on or through the Site or the Services are reserved by Bitcoin.com in full.

3.1.6 We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please email support@bitcoin.com.

3.2 Accuracy of Information

3.2.1 We endeavour to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.

3.2.2 We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.

3.3. Third Party Services and Content

3.3.1 In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.

3.3.2 Bitcoin.com may provide various open communication tools on the Site and its subdomains, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, and various social media services. You understand that Bitcoin.com does not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: (a) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language or graphic; (b) infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; (c) contains any type of unauthorized or unsolicited advertising; (d) impersonates any person or entity, including any Bitcoin.com employees or representatives. We have the right at our sole discretion to remove any content, for instance if it is illegal or breaches these Terms of Use or Applicable Law. With respect to any content you post or communicate, you grant Bitcoin.com and its affiliates a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as we see fit.

3.4 Bitcoin.com may, when required by Applicable Law, respond to requests from third parties, courts, law enforcement, regulators and policymakers by producing certain information about or relating to your use of the Services.

3.5 Depending on the Services used by you, Bitcoin.com reserves the right, in our sole discretion, to create and maintain certain records of your activity and communications relating to your use of the Services.

4. REPRESENTATIONS, WARRANTIES, INDEMNIFICATION AND LIMITATIONS OF LIABILITY

4.1 No Violation of Law. You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any country to which the United States has embargoed goods and services; (b) are not identified as a “Specially Designated National” by the United States Treasury Department; and (c) shall not use the Services if you are prohibited by any Applicable Law, regulation, or rule from doing so.

4.2 Acceptable Use of Services. When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not:

4.2.1 Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;

4.2.2. Use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;

4.2.3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;

4.2.4 Use or attempt to use another person’s credentials without authorization;

4.2.5 Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;

4.2.6 Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;

4.2.7 Develop any third-party applications that interact with our Services without our prior written consent;

4.2.8 Provide false, inaccurate, or misleading information; or

4.2.9 Encourage or induce any other person to engage in any of the activities prohibited under this Section.

4.3. Disclaimer of Warranties

4.3.1 BITCOIN.COM DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY BITCOIN.COM ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

4.3.2 EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT BITCOIN.COM MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT BITCOIN.COM’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF BITCOIN.COM OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

4.4 Limitation of Liability

4.4.1 IN NO EVENT SHALL BITCOIN.COM, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BITCOIN.COM HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4.4.2 UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.

4.4.3 WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

4.5 Indemnification. You agree to indemnify and hold harmless Bitcoin.com, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or User Account in connection with: (a) use of the Site or Services; (b) breach of these Terms of Use or any other policy; (c) feedback or submissions you provide; (d) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (e) violation of any rights of any other person or entity; provided however, that you shall not indemnify Bitcoin.com for claims or losses arising out of Bitcoin.com’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this agreement.

5. GOVERNING LAW

5.1 Any disputes between you and us arising from your use of the Site or the Services (whether arising out of contract, tort, statute or any other manner) shall be resolved in the courts of Saint Kitts and Nevis and Saint Kitts and Nevis shall have exclusive jurisdiction over such matters.

5.2 EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. YOU FURTHER AGREE TO EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.

6. MISCELLANEOUS

6.1 Force Majeure. If by reason in whole or in part of any Force Majeure Event, either you or Bitcoin.com is delayed or prevented from complying with these Terms of Use, then such delay or non-compliance shall not be deemed to be a breach and no loss or damage shall be claimed by you or Bitcoin.com by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.

6.2 Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Bitcoin.com is not responsible for determining and will not advise whether taxes apply to your use of the Services.

6.3 Severability, Reformation. In the event that any provision of these Terms of Use is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of these Terms of Use is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable.

6.4 Assignment. These Terms of Use shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations without prior written consent of Bitcoin.com, which may be withheld in Bitcoin.com’s sole discretion. We may assign rights or delegate duties under these Terms of Use in our sole discretion.

6.5 Relationship of the Parties. Nothing in this agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. You and Bitcoin.com are independent contractors for purposes of this agreement.

6.6 Contact Information. You may contact us via support@bitcoin.com.

7. LAW ENFORCEMENT INQUIRIES AND SERVICE OF SUBPOENAS

7.1 If you seek information from Bitcoin.com:

Bitcoin.com will comply with any duly issued subpoena served on us through the proper legal channels. If you are issuing your subpoena from a foreign jurisdiction, this may require you to obtain Letters Rogatory and subsequent approval from our local jurisdiction before service can be made. We do not consent to service of a subpoena by any other method.

We will consider whether to respond to all other law enforcement inquiries on a case-by-case basis, and any such response is voluntary and made in our sole discretion. Kindly send any such request to legal@bitcoin.com. By sending an inquiry to legal@bitcoin.com, you expressly consent and agree that any and all such communications become the sole property of Bitcoin.com and that Bitcoin.com shall have the right, in its sole discretion, to publish or disseminate any such communications, regardless of the content of the communications.

7.2 If your request involves imminent risk of death or serious bodily harm:

If you are a law enforcement agent requesting information from Bitcoin.com that is likely to prevent death or serious bodily harm, you may contact us on an expedited basis. Together with the appropriate documents listed above, send an email to legal@bitcoin.com with "IMMINENT RISK" in the subject line. In the body of the email, include a brief attestation describing the imminent risk, and Bitcoin.com will endeavor to respond on an expedited basis. We expressly reserve all rights in considering whether or not to respond, which is on a voluntary basis and at our sole discretion, except in instances where we have been served a duly issued subpoena that has been issued through the proper legal channels.

Disclaimer

The information and data supplied in response to requests will be collected and provided to the fullest and most accurate possible extent. However, nothing in such information and data can be ensured to contain no errors, mistakes, misrepresentations or failures etc. Such errors, mistakes, misrepresentations or failures etc. can be the result of human agency, program or process imperfections. THEREFORE, NEITHER BITCOIN.COM NOR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OUTSOURCED ADVISORS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO THE INFORMATION AND DATA AND, IN PARTICULAR, AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND DATA.

Nothing in this section shall be deemed or construed as non-willingness to provide the requested information and data.