Altcoin Terms and Conditions of UseLast Updated: February [•], 2018
- The Platform
- Use of the Platform
- Use Restrictions
- User Provided Content
- Legal Compliance
- Virtual Currency Exchanges
- You Accept the Risk of Trading Virtual Currency
- Resources, Third Party Resources
- Disclaimer of Warranties
- Limitation of Liability
- Claims & Indemnity
- Copyright Infringement & Digital Millenium Copyright Act
- Force Majeure
Altcoin.io is a software platform that enables users to engage in a decentralized peer-to-peer exchange of virtual currency. The Platform is an administrative software platform only. Altcoin does not hold the virtual or real currency of users, maintain cash reserves, or provide a means for the exchange of virtual currencies into real currency. The Platform is not a broker, agent, financial institution, creditor, or insurer for any user.
USE OF THE PLATFORM
Subject to your compliance with the TOU, Altcoin authorizes you to use and access the Platform. Any rights not expressly granted herein are reserved by Altcoin. You are solely responsible for the security of your Platform user account. Please keep all passwords and security keys secure. You must be 18 years or older to use the Platform.
By using or accessing the Platform, you agree not to:
- Use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with the Platform, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use.
- Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Engage in, further, perform, undertake, aid or abet in any unlawful activity (including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, intellectual property infringement, or violent or abusive activities) (“Prohibited Activity”) through use of the Platform. We reserve the right to refuse to publish, post or otherwise make available any information gathered by the Platform if we suspect that the applicable use of the Platform relates to or have a high risk of relating to a Prohibited Activity, or if we believe the Platform use information is erroneous.
- Copy/collect Altcoin content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- Provide misleading, unsolicited, and/or unlawful postings/communications/accounts.
- Buy or sell accounts.
- Abuse the Platform’s flagging or reporting processes.
- Collect Platform user information or interfere with the Platform.
You agree we may moderate the Platform access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, verifying, or terminating your access/license/account. You agree (a) not to bypass said moderation, (b) we are not liable for moderating or not moderating, and (c) nothing we say or do waives our right to moderate, or not.
USER PROVIDED CONTENT
Altcoin may, in Altcoin’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Altcoin through the Platform textual, audio, and/or visual content and information, including commentary and feedback related to the Platform, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Altcoin, you grant Altcoin a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform and Altcoin’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Altcoin the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Altcoin’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your use of the Platform, including tax laws.
- By accessing and using the Platform, you agree that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; you are not and have not been placed on the “Specially Designated Nationals and Blocked Persons List” by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury; and you are not and have not been placed on the “Denied Persons List” by the Bureau of Industry and Security of the United States Department of Commerce.
- Altcoin must comply with applicable law. We comply with all legal requests for information, and reserve the right to provide information, including Platform use information, to law enforcement personnel and other third parties to answer inquiries, to respond to legal process, to respond to the order of a court of competent jurisdiction and those exercising the court’s authority and to protect Altcoin and our users.
VIRTUAL CURRENCY EXCHANGES
Understanding virtual currency and their related transactions may require advanced technical knowledge. Different forms of virtual currency are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks with their purchase, sale, trade, and use. Any reference to a type of virtual currency on our Platform does not indicate Altcoin’s approval or disapproval of the underlying technology regarding such type of virtual currency, and should not be used as a substitute for your own understanding of the risks specific to each type of virtual currency. We make no warranty as to the suitability of the virtual currency referenced on the Platform or any of the individuals engaging in virtual currency exchanges, and Altcoin assumes no fiduciary duty in our relations with you.
YOU ACCEPT THE RISK OF TRADING VIRTUAL CURRENCY
Altcoin does not advise on trading risk. In entering into any exchange with another user, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction and the underlying virtual currency. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying virtual currency. You accept all consequences of participating in transactions with other users on the Platform, including the risk that you may lose access to your virtual currency indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with any transactions you participate in on the Platform. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.
Fees will apply to your use of certain features of the Platform, including the opening and closing of payment channels. We reserve the right to change the fees charged periodically, in our discretion.
RESOURCES, THIRD PARTY RESOURCES
Altcoin may make available information, data, materials, services, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by Company or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any or all of the Resources and the Platform, or any intellectual property rights therein. Resources are subject to change at any time without notice. To the fullest extent permitted under applicable law, we disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Platform, or by anyone who may be informed of the content of any Resources. We neither control nor endorse, nor have any obligation to monitor Resources made available by third parties (“Third Party Resources”), and we may block or disable access to any Third Party Resources (in whole or part) through the Platform at any time. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Altcoin with respect to any Third Party Resources. In addition, the availability of any Third Party Resources through the Platform does not imply our endorsement of, or our affiliation with, any provider of such Third Party Resources, nor does such availability create any legal relationship between you and any such provider. Your use of Third Party Resources is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Resources (such as terms of service or privacy policies of the providers of such Third Party Resources).
DISCLAIMER OF WARRANTIES
YOUR USE OF THE PLATFORM AND CONTENT IS AT YOUR SOLE RISK. THE PLATFORM AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALTCOIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE PLATFORM AND CONTENT, AND YOU RELY ON THE PLATFORM AND CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALTCOIN OR THROUGH OR FROM THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ALTCOIN MAKES NO WARRANTIES WITH RESPECT TO ASPECTS OF THE PLATFORM PROVIDED BY THIRD PARTIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
ALTCOIN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALTCOIN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE PLATFORM AND ITS CONTENT. UNDER NO CIRCUMSTANCES WILL ALTCOIN’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
CLAIMS & INDEMNITY
Any claim, cause of action, demand, or dispute arising from or related to Altcoin or the Platform (“Claims”) will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in San Diego, California (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in San Diego, California; (2) indemnify and hold Altcoin Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of the Platform; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
COPYRIGHT INFRINGEMENT & DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] and provide, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Platform where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ALTCOIN.IO™ is a trademark of Altcoin. You may not use the ALTCOIN.IO™ trademark without the express written authorization of Altcoin.
No delay, failure, or default, will constitute a breach of this TOU to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond Altcoin’s reasonable control.
USE OF THE PLATFORM, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.
If you have any questions about your rights under this TOU, or about your use of the Platform, please email Altcoin at: [email protected]