Disclaimer and Consent

The following Disclaimer and Consent is an integral part of Terms of Use you agree to by registering on Bithoven.com.

I. Disclaimer

1. Information published on Bithoven.com

The website https://bithoven.com/ (hereinafter referred to as "Bithoven.com") provides information and materials of general nature. You are not authorized and nor should you rely upon Bithoven.com for legal advice, business advice, or advice of any kind. You act at your own risk in reliance upon the contents of Bithoven.com. Should you make a decision to act or not act, you should contact a licensed attorney in the relevant jurisdiction in which you want or need help. In no way are the owners of, or contributors to, or employers of Bithoven.com responsible for the actions, decisions, or other behavior taken or not taken by you in reliance upon Bithoven.com.

2. Risks related to the use of Bithoven.com

Bithoven.com will not be responsible for any losses, damages or claims arising from events falling within the scope of the following:

(1) Mistakes made by the user of Bithoven.com and/or any other related software or service, e.g., forgotten passwords, payments sent to wrong cryptocurrency addresses, accidental deletion of wallets, etc.

(2) Software problems of Bithoven.com and/or any cryptocurrency-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting Bithoven.com and/or any related software or service.

(3) Technical failures in the hardware of the user of any Bithoven.com-related software or service, e.g., data loss due to a faulty or damaged storage device.

(4) Security problems experienced by the user of any Bithoven.com-related software or service, e.g., unauthorized access to users' accounts.

(5) Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.

3. Investment risks

Trading can lead to loss of cryptocurrencies over short or even long periods. The users should expect prices for any cryptocurrency to have large range fluctuations. Information published on Bithoven.com cannot guarantee that the users would not lose cryptocurrencies.

4. Compliance with tax obligations

The users of Bithoven.com are solely responsible to determinate what, if any, taxes apply to their transactions. The owners of, or contributors to, Bithoven.com are NOT responsible for determining the taxes that apply to transactions related to Bithoven.com.

5. No warranties

BITHOVEN.COM PROVIDES THE SERVICE 'AS IS' AND WITHOUT WARRANTY OF ANY KIND BY US, OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, MARKETERS, ADVERTISERS OR SUPPLIERS (THE "OTHER ENTITIES"), AS APPLICABLE, AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE AND THE OTHER ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY, WHETHER BY US OR THE OTHER ENTITIES, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO US OR THE OTHER ENTITIES, AS APPLICABLE. UNDER NO CIRCUMSTANCES WILL WE OR THE OTHER ENTITIES BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE OR YOUR ACCOUNT. UNDER NO CIRCUMSTANCES WILL WE OR THE OTHER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF GAIN, BUSINESS INTERRUPTION, LOSS OF YOUR INFORMATION, AND THE LIKE), WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE MARKETING OR PURCHASE OF THE SERVICE OR ANY USE OR INABILITY TO USE THE SERVICE OR YOUR ACCOUNT, EVEN IF WE OR THE OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN WE AND THE OTHER ENTITIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY AND IN NO EVENT WILL THOSE DAMAGES OR LIABILITY EXCEED THE GREATER OF $100.

6. Limitation of liability

Unless otherwise required by law, in no event shall the owners of, or contributors to, Bithoven.com be liable for any damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data arising out of or in any way connected with the use of Bithoven.com. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of Bithoven.com or to your downloading of any content.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your:

  • use of, or inability to use, Bithoven.com; or

  • use of or reliance on any content displayed on Bithoven.com

We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our reasonable control which would have been unavoidable despite all efforts to the contrary, for example, delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing or computer facilities, mechanical breakdown, an act of state or government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations.

We will have no liability for any actions of any third party (including other customers) for any actions on Bithoven.com. Bithoven.com has no liability for any damages which may arise out of price changes of cryptocurrencies.

7. Arbitration

The user of Bithoven.com agrees to arbitrate any dispute arising from or in connection with Bithoven.com or this Disclaimer and Consent, except for disputes related to copyrights, logos, trademarks, trade names, trade secrets or patents.

8. Services

Bithoven.com does not offer any advisory or consulting services nor in investment or in taxation or legal issues. Bithoven.com does not provide financial services. Bithoven.com does not provide any ICO (Initial Coin Offering) or related services, does not produce any virtual (crypto) coin mining. Bithoven.com is only a platform where cryptocurrencies are traded. This means that users have to check in their own responsibility if any of his/her trading transaction is a suitable contract for them subject to their personal general and financial circumstances.

9. Indemnification

You agree to indemnify, defend and hold harmless Bithoven.com and any other related or affiliated entities, in their individual capacities or otherwise, from and against any third party claims, liability, damages or costs (including reasonable attorneys' fees) arising from (a) your negligence; (b) any claim by a third party (“Third Party Claim”) alleging that your use of our services violates the rights of any third party, or violates any Law; (c) your failure to comply with the terms of this agreement; (d) your violation of any applicable Law; (e) your violation of any rights of a third party; or (f) your use of Bithoven.com. Bithoven.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Bithoven.com.

II. User Consent

1. You consent, represent, warrant and undertake that none of your user content will violate or infringe upon the rights of any third party, including Intellectual Property Rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you undertake not to use any of Bithoven.com services to:

  • harvest or collect email addresses or other financial, personal or contact information of other users from Bithoven.com by electronic or other means for the purposes of sending unsolicited communications or inviting any person to trade on Bithoven.com;

  • use any of Bithoven.com in any unlawful manner or in any other manner that could damage, disable, overload or impair any of Bithoven.com or the servers on which any of them is hosted;

  • use automated scripts to collect information from or otherwise interact with any of Bithoven.com;

  • upload, post, publish, display, transmit, share, store or otherwise make available on any of Bithoven.com resources any information that we may deem:

  • to be misleading, harmful, threatening, unlawful, libelous, defamatory, infringing of any intellectual property rights, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

  • to contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • to be unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," pyramid schemes, or any other form of solicitation;

  • to be the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, national insurance numbers or other identifiers, credit card numbers and/or debit card numbers;

  • to be an attempt to promote or market any goods or services for your own financial benefit;

  • register at Bithoven.com more than once or register at Bithoven.com on behalf of an individual other than yourself, or register at Bithoven.com on behalf of any entity without that entity's prior written authorisation;

  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity; use or attempt to use another's account, service or system without authorization from us, or create a false identity on Bithoven.com;

  • solicit personal Information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

  • invite any person to trade outside Bithoven.com or to transact on the basis of any exchange other than an exchange agreed with Bithoven.com to these principles, or any other terms or conditions contained on, in or through the Bithoven.com website.

2. You are solely responsible for your user content. You may not post, transmit, or share user content on or through the Bithoven.com website that you did not create or that you do not have permission to display, publish or post. You understand and agree that we may, but are not obligated to, review any of Bithoven.com services and may delete or remove (without notice) any Bithoven.com information or user content in our sole discretion, for any reason or no reason, including without limitation, user content that in our own absolute discretion violates any provision(s) of these Bithoven.com Terms of Use. You are solely responsible at your sole cost and expense for creating backup copies and replacing any user content.

3. When you post your user content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the publication, display and storage of the user content on any of Bithoven.com resources. By posting user content over the Bithoven.com services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose on or in connection with any of Bithoven.com services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such as user content, and to grant and authorize sublicenses of the foregoing. You may remove your user content from any of Bithoven.com resources at any time. If you choose to remove your user content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your user content.

4. You agree to indemnify and hold harmless each user, us, our subsidiaries and affiliates, and each of Bithoven.com's directors, officers, agents, contractors, partners and employees from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of your user content, your use the Bithoven.com services, your conduct in connection with each of Bithoven.com or with other users of Bithoven.com, or any violation of Terms of Use or of any law or the rights of any third party.

5. You are solely responsible for your interactions with other Bithoven.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

By registering as a user of Bithoven.com, you consent to the terms of Disclaimer and Consent without any exclusions or reservations. Disclaimer and Consent is an integral part of Terms of Use you are to agree when registering on Bithoven.com.