These GENERAL TERMS OF SERVICE (thereinafter referred to as: “Terms of Service”) apply to EACH AND EVERY User visiting and/or using this Website, Content and/or Services. These Terms of Service are available on our Website. Along with the Privacy Policy, these Terms of Service constitute a single, legally binding document between you and Bitstrades Community. By accessing and using Bitstrades.com, you are hereby compliant and expressly AGREE to all conditions contained in these Terms of Service, and thus find them reasonable. Furthermore, your behavior on this Website is at ALL times governed and subject to these Terms of Service, Privacy Policy and all auxiliary documents you are given access to, and thereby acquainted with.
Bitstrades Community is a legitimate and legally bound Service, registered in the respective U.K. Company Registry. All business and transactions done via Bitstrades Community have the appropriate consent from state authorities, and are in accordance with U.K. Law.
References in these documents to Bitstrades Community, “We” or “Us” mean Bitstrades Community, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Bitstrades Community.
By visiting and using Bitstrades Community’s Website and/or Software, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and Bitstrades Community’s other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY Bitstrades Community, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with Bitstrades Community, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. Bitstrades Community, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.
1.1 INTRODUCTION
These provisions, along with Bitstrades Community’s Privacy Policy are governing your use of this Website. By using Bitstrades Community’s Website, Content, Software and/or Services, You hereby find the Terms of Service reasonable, and fully accept them. If you do not accept the Terms of Service of use, or find them unreasonable, please stop using Bitstrades Community’s Website, Content, Software and/or Services.
1.2. Usage Guidelines. Copyright notice.
You hereby agree that you are going to use this Website, Content and Services reasonably. You agree that you will withhold of any actions that can cause or could cause damage to Bitstrades Community’s Website, Software, Content and/or Services. You and every person you authorize with, using Your Account may not engage in any activity which may result in lowering the overall quality of the Website and Services offered therein. You and other people authorized to use your respective User Account will also withhold of any activity that may cause nuisance, or in any other way prevent any other Users from using the provided Content and Services. Any and every person shall further withhold of any actions which are recognized by law as unlawful, illegal, fraudulent or harmful towards Bitstrades Community’s Website, Software, Services or Functionality, and shall not, in any way promote this type of illegal activity, under the penalty of civil and penal provisions of the applicable US law. Bitstrades Community’s Website, Content and/or Services are not to be used for distribution of Spyware, Trojan Horses, Root kits, Keystroke Loggers or any type of Malware whilst utilizing Bitstrades Community, its Software and/or Services, under the penalty of the U.K. Governing civil and/or penal provisions. You and individuals Authorized to use Your User Account shall also withhold of any systematic or automated information and data collection activities, including data harvesting, limitation scrapping, data mining and other similar activities without the consent of the Website’s administrators under the penalty of privacy protection statutes under U.K. Governing law. Any consent issued by the Website’s administrators on data collection will be fully coherent with the U.K. Governing law and in compliance with this Website’s set of legal documents. In the event such consent is possible to issue, due to statutory provisions by U.K. Governing law, any eventual consent will be issued in paper form upon previous request, and as such will be subject to further notification of the Website’s visitors, customers and/or Users. Without the required form and previous notification of Users, any consent given by Bitstrades Community in regards to data collection is null and void. This Website is not to be used for marketing purposes without the Website administrators’ consent. Such consent will be issued in proper form, in full compliance with the Privacy Policy and U.K. Governing law. One shall not transfer, sublet or otherwise dispose of their respective rights and obligations. You shall further not engage in unacceptable behavior, namely: – harassment, threatening or intimidating another User, – transmitting any unlawful, threatening, abusive, offensive, defamatory or hateful text or voice communication or images and/or other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and/or publicity rights of any third party, – using obscene or offensive User Names or Nick Names, – posting any material with the intention to solicit other Users, – permutation of usage of inappropriate language as to the room You are hosting, – abusing Your rights to take action against individuals logged into a specific room You are hosting, – disparaging Bitstrades Community’s services, Bitstrades Community or its representatives or employees, administration and/or other staff. Bitstrades Community reserves the rights to: – Restrict access to certain areas of this Website, which are not meant to be available for visitors, consumers and/or Users; – Further disable access to certain areas of this Website in full discretion of the Website’s administrators, under full discretion without a previous notice or explanation; – Restrict access to other areas of this Website, in case of violation of these provisions. These restrictions are in full Bitstrades Community’s discretion, and can be issued without explanation or notice; – Enable access to certain areas of the Website, providing You with a User ID and Password, which are for Your PERSONAL use. It is advised to keep these credentials confidential, in case of misuse by third parties.
1.3. Anti-solicitation provisions
One shall withhold of any solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in: terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with Bitstrades Community; becoming employed by, or work for any other person, group or entity other than Bitstrades Community. One shall further withhold from soliciting or causing an existing or potential Customer to cease using Bitstrades Community and the provided Products and Services or soliciting and causing a potential Customer to use other Products or Services competitive with Bitstrades Community’s Products and Services. One may NOT, in any way aid, abet or authorize any person, group or entity in any of the aforementioned actions. One shall further withhold from making any slanderous, negative or defamatory statements about Bitstrades Community or any of its Representatives, which may result in hurting the reputation, image or goodwill of Bitstrades Community or its Representatives.
2.1. ACCOUNT USAGE
Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of Bitstrades Community are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see the “Purchasing on Bitstrades Community” subsection. The personal information that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing goods from Bitstrades Community).
2.2. Analytics
Certain information stored in small pieces of data may be used by the Service in order to generate anonymous analytics and advertisement placements. This information is collected from Users’ behavior on the internet and our Website. They are used to generate feedback on the most relevant and visited aspects of our Service, as well as present targeted advertisements in which you may have interest in. Bitstrades Community, having respect to the personal information you willingly provide for us, assures you that this information is not, in any way whatsoever, relatable to your identity.
2.3. Submissions on Bitstrades Community
For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by Bitstrades Community. All content uploaded to this Service is to be regarded primarily as a User Submission. Bitstrades Community reserves the right, but not the obligation, to start inquiries about possible breaches of these Terms of Service. Bitstrades Community does not, in any way, endorse, favor or otherwise approve of any User Submission which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you retain all proprietary rights. You hereby grant Bitstrades Community a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to Bitstrades Community in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of Bitstrades Community, the name or nickname of the user will be included as a form of accreditation.
3.1. LISTINGS ON THE SERVICE
Users hereby warrant and agree that any User submissions that are made to constitute invitations to offer towards other Users on the Service are up-to-date, accurate and do not, in any way or manner, constitute any misrepresentation on your behalf. The Service has the rights, but not the obligation of verification of the facts entered in any User submission that is made to constitute invitations to offer towards other Users on the Service. The Service further disclaims all liability from possible transactions that may occur between Users on the Service, as it is a mere communication protocol, but not a negotiator or a party with bargaining power between the interested Users.
4.1. BREACH OF TERMS. ACCOUNT TERMINATION. INQUIRIES.
Bitstrades Community reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. Bitstrades Community further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. Bitstrades Community reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Bitstrades Community and it will include any steps that Bitstrades Community finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by U.K. Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by Bitstrades Community under its sole discretion.
4.2. Discretional Rights
Methods of preventing further damage or nuisance towards other Users may, Bitstrades Community’s staff or other third parties towards which Users have committed a breach of their rights include: – Suspension or Termination of Your User Account with or without previous notification; – Temporary or permanent Bans from Our Websites with or without previous notification; Other methods Bitstrades Community’s staff/administrators see fit. Further note that Bitstrades Community, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that Bitstrades Community may disclose Your personal information in the NECESSARY range under U.K. Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case Bitstrades Community needs to comply with the demands (namely formal requests) of appropriate State authorities.
5.1. SECURITY AND PRIVACY
Bitstrades Community takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. Bitstrades Community follows accepted industry standards during the process of submission, transmission and acceptation of personal information. Personally identifiable information are kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us. No method untill today is a hundred percent safe, but we continuously work to maintain well-secured platform for our Users. We, as a Service, bound by ethics and ethiquette, oblige ourselves to notify you via e-mail in case our Service has suffered a data breach as soon as we find out about the Breach. You are entitled to seek redress from us in the case we do not inform you of a security breach which was within our scope of knowledge.
6.1 BITSTRADES COMMUNITY SOFTWARE LICENCE AGREEMENT
This specific software license and terms of service, along all rights or obligations notifies constitute a single, legally binding agreement between Bitstrades Community and you. These terms of service along with auxiliary and supplemental documents form the complete and exclusive statement of the provisions governing the usage and privacy notifies of Bitstrades Community’s software, documentation and auxiliary materials, which form a full and functional service. You express your intent to use the aforementioned. By expressing consent expressly or in any other ways including, but not limited to: written or oral statements, usage of this website or other conclusive manner possible. You are hereby compliant, and therefore bound by this set of legal documents. By using Bitstrades Community’s software, websites, products or services, you are compliant with the provisions of these terms of service, and supplemental documents, and thus find all provisions to be reasonable. If you are not compliant to this set of documents, or in any way do not find these provisions reasonable, please stop using Bitstrades Community’s software, website and/or services. Deletion of profile information is required. Unless you do the aforementioned, you conclusively warrant that you are compliant to the aforementioned documents and their express provisions.
6.2. Express Licensing Grant
Bitstrades Community hereby grants you a non-exclusive and non-transferrable license to use of this Website’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract Bitstrades Community stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.
7.1 Disclaimer
Bitstrades Community’s website, content and services are all provided “as is”. Bitstrades Community does not unilaterally provide any express or implied terms, representations, warranties or conditions. Bitstrades Community, it’s employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Bitstrades Community has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that Bitstrades Community had been advised of the potential loss. Bitstrades Community does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Bitstrades Community does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Bitstrades Community is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Bitstrades Community’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.K. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.K. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
7.2. Jurisdiction
If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under U.K. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with U.K. Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of General Service Agreement, which have not been regulated by the provisions of this agreement, by U.K. law.
The parties covenant and agree that the applicable and usable law according to which this agreement will be governed will be the law of U.K.. Subsequently to the aforementioned, U.K. Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly.
7.3. Indemnification
You hereby agree to indemnify and hold Bitstrades Community, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from Your use of the Bitstrades Community’s Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
The Service shall not accept any class action claims or actions from any User, and shall handle all cases on a strict case-by-case principle. The User hereby agrees to these conditions. If any action or claim is to be brought up against the service, it will not exceed the total claim amount of 100 U.K. Pounds, excluding attorney’s fees.
7.4. Interpretation guidelines
This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.
The Service shall not accept any class action or claim against its work related to the Website, and shall process each action or claim on a case-to-case basis. The User has agreed that, in the case any action or claim is brought up against the service, it shall not exceed the expenses endured or 100 U.K. Pounds, whichever is greater, excluding attorney’s fees. None of the provisions of this agreement is constructed to release individual liability arising from fraud or misrepresentation.
7.5. Continuity
In the event that Bitstrades Community goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with Bitstrades Community). You will be notified via e-mail of any such change of ownership of your personal information.
Bitstrades Community reserves the right to discontinue any portion of the whole service with or without previous notice. Bitstrades Community is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of Bitstrades Community and the Return and Shipping policy.
Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our General Terms of Service or Privacy Policy, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page.
These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and Bitstrades Community.
8.1. Document as a whole
These Terms of Service reflect the policy of Bitstrades Community in regards to your usage of this Website. They are further intended to inform LCP Service’s Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.
8.2. Consumer Protection Clause
Unless stated otherwise in this document, the information provided by you in whilst using Bitstrades Community shall be used only for the purposes of contacting you regarding the Scope of Service which the Company provides, or for the purposes of eventual billing. Nothing in the Terms of Service, Privacy Policy, Disclaimer or any associated documents you express your consent to (either expressly or conclusively) is constructed to violate consumer rights, so long the Terms set within these documents are not unilaterally breached by Users.
8.3. Headings
Headings arranged in numerical and contextual value have been used in this document. Please note that these headings are inserted for mere convenience, and the names do not have to necessarily produce legal effect.
8.4. Ascent
You hereby conclusively enter into this agreement by repeated usage of this Website. If you find any of these provisions unreasonable, please refrain from further usage of this Website.