BitWine

Terms of Service

Introduction

These Terms of Service (“TOS”) contain important information; please read them carefully. We also encourage you to review our Privacy Policy. By using this Site or clicking the ACCEPT button you hereby agree to the terms of our Privacy Policy. BitWine Inc. (“BitWine”, “us”, or “we”) provides the BitWine site (the “Site”) subject to your compliance with these Terms of Service. By using the Site, you are entering into a legal agreement with BitWine. If you do not wish to be bound by the TOS, please exit the Site now. Your sole remedy for dissatisfaction with the Site, or anything available on the Site, is to stop using the Site or the particular services. BitWine may amend these TOS from time to time by updating this page. Your continued use of the Site after revisions have been made will indicate your acceptance of the revised TOS. It is your responsibility to review these TOS for any changes. Please bookmark and periodically review this page for updates to ensure that you are familiar with the most current version. A link to this page appears on most Site pages. You acknowledge and agree that by clicking on the ACCEPT button, or similar buttons or links as may be designated by BitWine, to show your approval of these TOS or by using the Site, you are entering into a legally binding contract with BitWine. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Site. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable mandatory law, which require an original (non-electronic) signature or delivery or retention of non-electronic records. You also agree that anyone who uses the Site on your computer also abides by these TOS.

Use of the Site

The Site allows people having expertise in certain areas (“Advisors”) to provide services to clients (“Clients”) over the Internet. In order to provide services through the Site you will need to register as an Advisor. Every Advisor can also be a Client without registering separately. In addition, certain portions of the Site are accessible without registration as either Advisors or Clients. In this document, “Client” includes Advisors as well as Clients, and “user” includes Advisors, Clients and unregistered users. The TOS apply equally to Advisors, Clients, and parties who portions of the Site that do not require registration. BitWine is not involved in any transaction between Advisors and Clients or among Clients. We are not responsible for screening Advisors or verifying the identity of any Advisor or Member. While we use reasonable efforts to include accurate and up-to-date information posted on the Site, under no circumstances will BitWine be liable for any loss or damage caused by your reliance on any information, opinion, advice, or statement available on or through the Site. (If you notice an error, please contact us through our Contact Us section.) We may refuse to display, or may remove at any time, without notice or liability, any information or material, in whole or in part, that we determine in our sole discretion to be unacceptable, inappropriate, offensive, or in violation of these TOS. Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. BitWine is not responsible for content or services available by means of such sites. BitWine does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites. You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site or to another in the course of using the Site. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions. You further undertake not to transmit to the Site any unauthorized Submission of any other person, not to transmit any Submissions in violation of any applicable law or regulation, and not to act in any way whatsoever, which tends, has the effect or is likely to have the effect of violating the privacy of any person. BitWine will cooperate with law enforcement authorities or court orders directing BitWine to disclose account information relating to origin of any Submission. These TOS do not affect the copyright ownership of your Submissions. You automatically grant BitWine a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce Submissions including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all language, in all media now known or hereafter created, and to use the Submissions in advertising, promotion and publicity for the Site, BitWine and its products and services, in all media now known or hereafter created. In addition, you represent and warrant that you are entitled to enter into these TOS and that you waive any moral rights in Submissions. To be clear, any rights you grant us do not change your ownership rights in Submissions. In order to use certain parts of the Site, you may be asked to supply certain personal information. BitWine will treat all personal information as described in our Privacy Policy. All personal information that you provide must be accurate, complete, and kept current. Please note that, while we seek to have the companies with which we do business observe the spirit of our Privacy Policy, we cannot be responsible for what they do with personal information that you provide. You are responsible for maintaining the confidentiality of your account information and any password(s), and must immediately notify BitWine of any unauthorized use of your account. Protect your password—remember that you are responsible for all use of your account. BitWine personnel will never ask you for your password. You understand that BitWine cannot guarantee the confidentiality of any Submissions.

Disclaimer

Your use of any aspect of the site is at your own risk. Neither BitWine nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with: (a) your use of (or inability to use) the site or any site component, including Submissions and any transactions that involve the site; (b) any material available (or intended to be available) on or by means of the site or information or advice received by means of the Site; (c) any error or omission of BitWine, or any act or omission of any third party; (d) any error, delay, interruption, operational problem, unavailability, or failure in the Site, any site component, or any directly or indirectly related equipment, system, programming, or network (including the internet); (e) any breach of security involving the Site or your account; or (f) any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site. BitWine: (a) makes no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on the Site, or any advice or information obtained by means of the Site, including without limitation the Submissions; and (b) will not be liable or responsible for any typographical or other errors, or any omissions, in anything available on the Site and Submissions (regardless of the cause or party responsible), or for any resulting damages. Without limiting the foregoing, except as expressly stated in these TOS, everything available on the Site or by means of the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and BitWine expressly disclaims all such express or implied warranties. BitWine does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and BitWine expressly disclaims any and all liability in connection with Submissions. We reserve the right to determine whether any Submission complies with these TOS. BitWine has implemented a ranking system with respect to certain elements of the Site. Rankings are determined using user review as processed using certain algorithms. In order improve functionality of the rankings and the Site, we may modify these algorithms, and you understand that these modifications may result in somewhat modified rankings even in absence of new user review. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. You agree to indemnify, defend, and hold harmless BitWine and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these TOS by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines. Without limitation, where providing a service requires accreditation or the maintenance of records, you represent and expressly agree to maintain all required accreditations, to accurately advise Clients of your background, skills, degrees or accreditations and to maintain and update such information during the time you advertise or provide services, and to maintain records and otherwise comply with applicable rules, laws and guidelines, including, without limitation, rules of ethics and professional responsibility. You will not provide advice or assistance in any area in which you are not qualified. When you register as an Advisor on the Site, you will be asked to designate a classification of the services you will provide. We reserve the right to modify the classification of any service offered through the Site. You agree that all interactions between Advisors and Clients will be billed through the Site, regardless of whether the transaction occurs on or off-line. You agree, on our request, to provide information regarding transactions between Advisors and Clients not performed through the Site.

Code of Conduct

You agree to abide by the following Code of Conduct. You are responsible for all use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us by mail (BitWine Inc, 4 Thatcher Rd., Tenafly, NJ 07670, United States) that your account has been compromised, and have requested us to block access to it. Failure to abide by this Code of Conduct or the TOS is grounds for immediate limitation or termination of your account without notice, and, in certain cases, can subject you to civil or criminal penalties. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site. You may not use the Site in any manner or transmit any Submission that: infringes (or results in the infringement of) BitWine’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause BitWine to be in violation of any law or regulation, or to infringe any right of any third party. You may not publish falsehoods or misrepresentations that may damage BitWine or any third party. Gambling activities, or the payment or acceptance of payments relating to gambling activities, are expressly prohibited. You may not transmit any Submission and may not use the Site to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate. In addition, you may not use the Site to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose. You may not do (or attempt to do) any of the following in connection with the Site:

  • Restrict or inhibit use of the Site. This includes: (a) using any account without the owner’s permission; (b) obtaining or soliciting another person’s password or other personal information under false pretenses; or© impersonating another user or otherwise misrepresenting yourself in any manner, whether to another user, to us, or otherwise.
  • Interfere with the operation of the Site. This includes: (a) interfering with, defeating, or circumventing any access or security function of the Site; or (b) accessing any portion of the Site that you are not authorized to access.
  • Misuse any email function available on the Site. This includes: (a) sending unsolicited commercial email that causes complaints from the recipients; (b) continuing to send commercial email to a recipient who has requested that you discontinue such communication; (c) sending bulk emails, “spam”, chain letters, “mail bombs”, or other disruptive transmissions; or (d) forging message headers or otherwise concealing an email address or preventing others sending a response to a actual sender of a message.
  • Exchange contact information with any other user (or any other information which permits users to make contact with each other not via the BitWine platform). All communication among users must be carried out via the BitWine’s platform.
  • Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site without our prior written authorization. This includes framing or mirroring any part of the Site.
  • Remove any copyright, trademark, or other proprietary rights notice contained in any Submission.
  • Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Submission
  • “Deep link” to the Site or any Submission, unless such link was provided to you for that purpose by the Site.
  • Harvest, collect, or mine information about other users of the Site.
  • Create a database by systematically downloading and storing all or any of the Submissions on the Site.


Occasionally you may be asked to rate or leave a review to another User. In this document “review” includes reviewing as well as rating. Your review must be honest, based on real facts, and must not contain false information. You may not: (a) leave a review, either directly or indirectly, to yourself, including via other accounts; (b) offer financial or other benefits to a User in exchange of leaving a review; and© directly or indirectly threat a User with respect to their review. You may not influence anyone else to do any of the following: (a) leave you a review; (b) modify a review left for you. You may not abuse the system or “hack” it in order to leave reviews outside the normal course of the website.

Profile Photo

You may choose to upload a picture of yourself or an icon or graphic that is suitable to your expertise and not offensive in nature. Pictures of other people other than yourself are not permitted. We reserve the right to ask for photo identification in order to validate your identity against the personal information provided in your profile.

Copyright and Trademark

You acknowledge that the Site and all of its contents and components are copyrighted, and that, except for a single copy for your personal use only, you may not copy, resell, or redistribute any part of the Site in any manner without the express written permission of the owner(s). In order to use the Site as an Advisor or Client, you will need to download the BitWine Taskbar. Use of the BitWine Taskbar is subject to the terms and conditions made available at the time of download. By downloading or using the BitWine Taskbar, you hereby agree to such terms and conditions. Copyright © 2012 BitWine, Inc. All Rights Reserved. BitWine and other BitWine logos and product and service names are trademarks of BitWine Inc. All other trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOS grants you any right to use any trademark, service mark, logo, or trade name of BitWine or any third party. Copyright Owners’ Rights under the Digital Millennium Copyright Act Of 1998: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to: Legal@BitWine.com. If you need to contact us for any other reason, please use our Contact Us section.

Suggestions

The Site incorporates a “Send Suggestion” feature, by which you may suggest to BitWine improvements to our Site and the services we provide. Notwithstanding anything to the contrary set forth herein, by using the ” Send Suggestion” feature, you assign to BitWine or its designee, to the full extent permitted by law, all my rights, title, and interest (including patent rights, copyrights, trade secretes rights, mark work rights, Sui Generis (only one of its kind; individual, unique) database rights and all other intellectual property rights of any sort throughout the world) in and to any and all such ideas, invention, original works of authorship, developments, concepts, improvements, designs, discoveries, ideas, or trade secrets described in such suggestion, whether or not patentable or registrable under copyright or similar laws.

Miscellaneous

These TOS shall be governed by the law of the State of New Jersey exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. [Any action to be brought in connection with these TOS or the Site shall be brought exclusively in the state or federal courts in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against BitWine must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these TOS is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these TOS shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and BitWine or enables you to act on behalf of BitWine. Except as may be expressly stated in these TOS, these TOS constitute the entire agreement between BitWine and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these TOS. If you are 13 or older but under the applicable legal age to enter into a binding contract, you must have a parent or guardian register for you. In any case, you affirm that you are over the age of 13, as the Site is not targeted to children (people under13 years of age), nor do we provide services or sell products intended for use or purchase by children. To the extent that any child-related services or products are available on the Site, they are for use or purchase by adults. If you are under 13, please do not register. We may at any time, without prior notice: (a) cancel any user account, or limit any user’s access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees or time for sessions is calculated); and (d) assign any and all of our rights under these TOS to any other entity. These TOS will bind and inure to the benefit of each party’s permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion. Nothing contained in these terms shall be construed to limit the actions or remedies available to BitWine with respect to any prohibited activity or conduct. Non-enforcement of any term of these TOS does not constitute consent or waiver, and BitWine reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These TOS are for the benefit of BitWine (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These TOS supersede any prior agreements between you and BitWine with regard to your use of the Site. We may assign our rights under these terms to any third party.

Use of PayPal and Skype are subject to terms and conditions. You can review these terms and conditions on the PayPal and Skype websites. When you use PayPal or Skype in connection with our site, you are responsible for complying with these terms and conditions. BitWine Taskbar License Agreement

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE BitWine Taskbar™ SOFTWARE (together with any updates or upgrades provided to you by BitWine and any accompanying user documentation, the “Program”). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY PRESSING THE “I ACCEPTBUTTON OR OTHERWISE DOWNLOADING OR USING THE PROGRAM, YOU INDICATE YOUR ACCEPTANCE TO THE TERMS AND CONDITIONS BELOW. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND BITWINE INC. (REFERRED TO AS “LICENSOR”), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive nontransferable license to use the Program, in object code form only, only as authorized in this License Agreement. The terms and conditions of this Agreement shall govern use of the Program. The Program may be used only in conjunction with a BitWine Inc. operated or licensed server. The Product is licensed for your internal use and the Product or any derivative or by-product of the Product may not be used by, sub-licensed, re-sold, rented or distributed to any other party. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Program. Upon loading the Program into your computer, you may retain the Program installation files for backup purposes. In addition, you may make one copy of the Program on a second storage media for the purpose of backup in the event the original Program files were damaged or destroyed. You may not place the Software on a server without our prior written authorization. Any such copies of the Program or the User’s Manual shall include Licensor’s copyright and other proprietary notices.

2. Licensor’s Rights. You acknowledge and agree that the Program and the User’s Manual are proprietary products of Licensor protected under U.S. and international copyright, trademark, trade secret and patent laws. You further acknowledge and agree that all right, title, and interest in and to the Program and all derivatives thereof, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement. The provisions of the paragraph shall survive termination of this Agreement.

3. Term. This License Agreement is effective upon your installation of this program and shall continue until terminated. You may terminate this License Agreement at any time. Licensor may terminate this License Agreement at any time and without notice upon the breach by you of any term hereof. Upon termination, you agree to uninstall and delete the Program and all copies and portions thereof.

4. Limited Warranty. Licensor does not warrant that the Program installation files are free from defects in material and workmanship. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. THE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Licensor shall have the right, but not the obligation, to defend or settle at its option, any action at law against you arising from a claim that your permitted use of the Program and infringes any patent, copyright or other ownership rights of a third party. You agree to provide to Licensor written notice of any such claim within ten (10) days of your notice thereof and provide reasonable assistance in its defense. Licensor has sole discretion and control over such defense, unless it declines in writing to defend or settle, in which case you are free to pursue any alternative you may have.

5. Limitation of Liability. Licensor’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid by you to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6. Trademark. BitWine™ and “BitWine Taskbar”(tm), are registered trademarks of Licensor. No right, license, or interest to such trademark is granted, and you shall not assert any right, license, or interest with respect to such trademark.

7. Miscellaneous. This License Agreement shall be governed in accordance with the laws of the State of New Jersey The United Nations Convention on Contract for the International Sale of Goods is expressly excluded. Licensor may bring suit in any court of competent jurisdiction, to seek relief for any breach or any infringement by You or any party for whom You are responsible. If any action is brought by either party to this License Agreement against the other party, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.