Last Modified: October 22, 2014
BitOasis owns and operates bitoasis.net, a website where users can buy and sell bitcoins. The following describes the terms on which BitOasis offers you access to bitoasis.net or the BitOasis platform, and any associated services (collectively “Platform”). If you do not accept and agree to the terms then you must not access or use our Platform or website.
Thank you for visiting our Platform and choosing to use any of the Services offered via the BitOasis Plat-form. BitOasis offers the following services: BitOasis Transaction Services and BitOasis Wallet Services (collectively referred to as “BitOasis Services”, each service is defined below). Except as otherwise stat-ed all services found on the BitOasis Platform are offered without warranty, “as-is,” and with “all faults.”
BitOasis cannot and does not guarantee the value of bitcoins. You acknowledge and agree that the value of bitcoins is highly volatile and that buying, selling, and holding bitcoins involves a high risk. The risk of loss in trading or holding bitcoin can be substantial. You should therefore carefully consider whether trading or holding bitcoin is suitable for you in light of your financial condition. In considering whether to trade or hold bitcoin, you should be aware that the price or value of bitcoin can change rapidly, de-crease, and potentially even fall to zero. If you are unable to bear the financial risk of loss please do not use or access our Platform. You agree that you are solely responsible for any bitcoin transactions and the use of our Platform.
You must be eighteen (18) or over to create an account (“BitOasis Account”) or use the Platform. In or-der in the Platform is invalid where prohibited. Due to United States regulations and federal laws, US residents or any persons accessing BitOasis from the US are strictly prohibited in using the Platform and such persons are prohibited from signing up for an account. By using the Platform or registering for a BitOasis Account, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these terms and to abide by these terms. You also represent and warrant that your BitOasis Account is personal to yourself.
You agree to maintain the confidentiality of your password, any Wallet Keys (defined herein), and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password or Wallet Key. You are solely responsible for your BitOasis Account, Wallet Key, and password and for any activities that occur under your BitOasis Account. You agree to immediately notify us of any unauthorized use of your password, Wallet Key, or any other breach of security. You agree that BitOasis cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
We have the right, in our sole discretion, to suspend or terminate your use of our Platform, your BitOasis Account and refuse any and all current or future use of all or any portion of our Platform.
BitOasis may be prohibited from providing services or entering into relationships with certain individuals and entities. In the event that BitOasis is required to block assets associated with your BitOasis Account in accordance with a sanctions program, or other similar government sanctions programs, BitOasis may (i) deactivate or cancel your BitOasis Wallet or block user activity, (ii) transfer bitcoin from your BitOasis Wallet to an originating source or to an account specified by authorities, or (iii) require you to transfer your bitcoin out of your BitOasis Wallet within a certain period of time. BitOasis is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attach-ment, lien, levy, subpoena, warrant or other legal order.
All services are subject to the BitOasis conversion rate (“Conversion Rate”). Conversion Rate means the liquidity adjusted price of a given bitcoin amount in terms of local currency as quoted on our Platform. The Conversion Rate may be stated as a "Buy Price," the price in terms of local currency at which you purchase bitcoin from BitOasis, or as a "Sell Price," the price in terms of local currency at which you sell bitcoin to BitOasis. For the purpose of any transaction which incorporates the Conversion Rate, you agree, as a condition of using any BitOasis Services, to accept the Conversion Rate as the sole conversion metric. You agree that BitOasis is solely responsible for setting and determining the Conversion Rate.
BitOasis does not act as an intermediary or marketplace between other buyers and sellers of bitcoin. When buying or selling bitcoin through the BitOasis Transaction Service, you are buying from, or selling to, BitOasis directly.
If you wish to purchase bitcoin (“BitOasis Transaction”) through the BitOasis Transactions Services, BitOasis will instruct its bank to initiate a debit to your primary payment method or, if the payment is not successful, to any payment method you have on file, in an amount equal to: (a) the total number of bitcoin you wish to purchase multiplied by the Buy Price Conversion Rate quoted on the BitOasis Site at the time that you initiate the transaction, plus (b) any applicable fees (c) additional fees as may apply in the event that BitOasis cannot draw funds from your payment method and must charge a backup pay-ment method. When you initiate a purchase transaction, BitOasis will provide a date by which your bitcoin will be made available in your BitOasis Wallet, which may depend on the time required for BitOasis to receive funds from your payment method. You understand that once a BitOasis Transaction has been initiated you will not be able to cancel, reverse, or modify the transaction. Additionally, BitOasis will use good faith efforts to fulfill such purchase BitOasis Transaction at the applicable Conver-sion Rate quote but it may be necessary for BitOasis to delay fulfillment of a purchase order until such time as we are able to execute the transaction. In such cases, we will notify you through the Platform prior to the completion of your purchase order that the Conversion Rate may be changed due to the time of purchase of your BitOasis transaction. BitOasis does not guarantee the availability of any BitOasis Transactions at any time.
Through the Platform, you may sell bitcoin to BitOasis, subject to limits as set by BitOasis. BitOasis will then instruct its bank to initiate a credit to your linked payout method, in an amount equal to: (a) the total number of bitcoin you wish to sell multiplied by the Conversion Rate quoted on the BitOasis Site at the time that you initiate the transaction, minus (b) any applicable fees. BitOasis will then initiate a transfer of the appropriate amount of bitcoin from your BitOasis Wallet to BitOasis's own bitcoin wallet, and the related proceeds of funds will thereafter be credited to your linked payout method. The pro-ceeds of any bitcoin sale will be credited to your linked payment account within two to three business days. BitOasis does not guarantee the availability of its Transaction Service, and the act of purchasing bitcoin from BitOasis does not result in a guarantee that you may sell your bitcoin to BitOasis.
For each BitOasis Transaction you agree to pay any and all applicable fees related to the transaction in-cluding wallet hosting fees, exchange fees, service fees, conversion fees, or banking fees.
You can deposit bitcoins in your wallet (“BitOasis Wallet”) from another bitcoin wallet at any time. You can also deposit bitcoins by transferring money from a financial institution and purchasing bitcoins through the BitOasis Transaction Service. These funds are converted into bitcoins and deposited into your Wallet within three business days. Deposits will be converted to bitcoin using the Conversion Rates listed on our Platform at the time of the conversion.
When you create a BitOasis Account a BitOasis Wallet will be created where you can deposit your bitcoins. Once a BitOasis Wallet has been created, a Private Wallet Key, a Recovery Key, and a Third Par-ty Security Key (“Key(s)”) will be generated that give you access to your BitOasis Wallet. Two keys will be required at any given time to initiate a BitOasis Transaction and buy or sell bitcoins via the Platform.
The Private Wallet Key will be unique and only accessible by BitOasis. In order to undertake a transac-tion, through BitOasis, you will be required to input your BitOasis password. Once a transaction is re-quested by you, BitOasis will be required to review the requested BitOasis transaction. After the trans-action has been reviewed and authenticated, BitOasis will supply the Private Wallet Key that must be used in conjunction with the Third Party Security Key to initiate any BitOasis Transactions. Although we may we may verify your BitOasis Transactions, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY BITOASIS TRANSACTIONS THAT OCCUR THROUGH YOUR ACCOUNT. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY TRANSACTIONS THAT OCCUR. PLEASE KEEP YOUR BITOASIS PASS-WORD SAFE AND SECURE.
Once a BitOasis Transaction has been requested by you, a Third Party Security Key must be provided by a third party security services provider contracted to hold the Third Party Security Key. The third party security provider will review and authenticate the transaction. If the BitOasis Transaction is deemed legitimate the security provider will provide the Third Party Security Key. In the event that any fraudu-lent activity is suspected with your BitOasis Wallet, the security provider may decline to provide the Third Party Security Key. Please be aware that BitOasis cannot control the approval or denial of any BitOasis Transactions by the security provider. Users may be required to enter into additional binding agreements with such third party providers. BITOASIS ONLY ACTS AS THE WALLET VENDOR AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF ANY SERVICES PROVIDED THE THIRD PARTY PROVIDER. BITOASIS DOES NOT HAVE ACCESS TO YOUR THIRD PARTY SECURITY KEY AND CAN-NOT BE RESPONSIBLE FOR ANY FAILURE TO APPROVE A BITOASIS TRANSACTION BY THE SECURITY PRO-VIDER. BITOASIS CANNOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY THIRD PARTY SECURITY KEYS.
In the event that either the Private Wallet Key or the Third Party Security Key become unavailable or disabled due to a security breach or other event, Recovery Keys will be used to access your BitOasis Wal-let. The Recovery Key will be stored by an independent legal services or accounting firm that will main-tain the Recovery Key. In the event that a loss of the Private Wallet or Security Key occurs, BitOasis will hire an independent bitcoin company to provide access to your BitOasis Wallets. This independent bitcoin company will work with BitOasis, the Third Party Security Key holder and also the legal or ac-counting firm to recover your bitcoins and return them to you.
Users must have verified accounts if they wish to undertake BitOasis Transactions totaling more than $1000 US dollars. In order to have a verified account, a user must supply BitOasis with requested identification and financial documents as requested by BitOasis.
Please be aware that you do not have a statutory right to withdraw from a transaction to buy or sell bitcoin once you have instructed BitOasis because the price of bitcoin fluctuates in accordance with the financial market and is out of our control. You agree to deliver payment for any bitcoin purchase made through the BitOasis Transaction Service upon confirmation of an order, regardless of changes in the applicable Conversion Rate prior to completion of the purchase transaction. If there are insufficient funds from your linked primary payment method to cover the purchase price of any bitcoin order or any other amounts owed by you to us hereunder, you hereby authorize us to debit any of your payment methods which have been linked to your BitOasis Account for the full or partial amount of your pur-chase and any other amounts owed by you to us hereunder. We may resubmit debits or charges to your payment methods until all amounts owed by you to us hereunder are satisfied in full. You are responsi-ble for all fees in the event that any of your financial accounts is underfunded. To secure the perfor-mance of your obligations under this Agreement, you grant to BitOasis a security interest in any and all of your funds or other property which BitOasis may come into possession of and any bitcoin within your BitOasis Account. You will execute, deliver, and pay the fees for any documents we request to create, perfect, maintain and enforce this security interest. We may deduct any bitcoin held by you in a BitOasis Wallet if a payment for a purchase of bitcoin using a bank account or credit card is subsequently re-versed, for example, if such a payment is subject to a chargeback, reversal, claim or is otherwise invali-dated. We may also deduct bitcoin held by you in a BitOasis Wallet in satisfaction of any outstanding amount owed by you to BitOasis under this Agreement. BitOasis reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of bitcoin in its sole discretion, including but not limited to instances where BitOasis suspects the transaction involves (or has a high risk of involvement in) mon-ey laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if BitOasis suspects the transaction is unlawful or violates this Agreement.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transac-tions associated with your receipt or transfer of bitcoin, and/or to the Bitcoin Transactions you conduct through the BitOasis Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your BitOasis Account.
Using the Services to make the following types of payments is prohibited, and BitOasis reserves the right to monitor for payments that relate to:
By clicking “I agree,” submitting any information to us or using the Platform, you agree to be bound by this Agreement. This Agreement shall remain in effect and continue until terminated in accordance with the provisions hereof.
BitOasis may terminate this Agreement, suspend, disable, or delete your account (or any part thereof) if we reasonably suspect that you have violated the law, have violated this Agreement, or have taken any action that may harm the Platform or our company. You will be permitted to transfer bitcoin associated with your BitOasis Wallet for ninety (90) days after Account deactivation or cancelation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. You may cancel your BitOasis Account at any time by transferring or exchanging all bitcoin associated with your BitOasis Wallet. You will not be charged for canceling your BitOasis Account and will only be required to pay for those BitOasis Services used that are subject to charges. If any transaction is in a pending state at the time your BitOasis Account is cancelled or suspended, such transaction may be cancelled and/or re-funded as appropriate. You may not cancel your BitOasis Account to evade an investigation or avoid paying any amounts otherwise due to BitOasis. Upon cancellation of your BitOasis Account, you author-ize BitOasis to cancel or suspend pending BitOasis Transaction Service transactions and hold the funds associated with such transactions until BitOasis is certain that funding reversal windows are complete. In the event that you or BitOasis terminates this Agreement or your access to the BitOasis Services, or de-activates or cancels your BitOasis Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or BitOasis Account errors, BitOasis may temporar-ily suspend access to any accounts until the problem is resolved.
The design of the Platform along with created any content, text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or li-censed to BitOasis, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. BitOasis reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything, including our Marks, contained within the Platform unless we have given express written permission.
Your use of our Platform is at your sole risk. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of the Platform and expressly disclaim any liability for content uploaded by you or by any other user.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT BITOASIS DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BITOASIS MAKES NO REPRESENTATIONS OR WAR-RANTIES AS TO THE CONDUCT OF USERS. BITOASIS RESERVES THE RIGHT BUT NOT THE OBLIGATION TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
THE PLATFORM IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. INTERAC-TIVE STANDARD, LLC, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND ITS CONTENT INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MER-CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. BITOASIS DOES NOT WARRANT THAT (A) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE BITOASIS TRANSACTIONS ON THE PLATFORM WILL BE ACCU-RATE, ERROR FREE, RELIABLE, OR COMPLETE, (D) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED, OR (E) ANY SERVICES THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
BITOASIS DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR ANY INJURIES OR LOSSES SUSTAINED BY USERS AS A RESULT OF THEIR US OF THE PLATFORM. BITOASIS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND BITOASIS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE PLAT-FORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM.
IN NO EVENT SHALL BITOASIS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDI-RECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARI-SING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, LOSS, IMPAIRMENT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, DAMAGE TO YOUR POSSESSIONS AND/OR ANY OTHER DAMAGES RESULTING FROM ANY TRANSACTIONS INITIATED ON THE PLATFORM, UNAUTHORIZED ACCESS TO OR ALTERNATI-ONS OF YOUR TRANSMISSIONS TO THE PLATFORM AND ERRORS, MISTAKES OR INACCURACIES OF ANY CONTENT OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS WHEN COMPLETING TRANSACTIONS.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that con-flict with the above then our liability is limited to the smallest extent possible by law. Spe-cifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or per-sonal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RE-LEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBT-OR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIM-ILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. BITOASIS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFOR-MATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR PLATFORM IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. WHERE ALLOWED, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 USD OR THE TOTAL AMOUNT YOU PAID TO USE OUR SERVICE WITHIN THE LAST YEAR, WHICHEVER IS GREATER.
BitOasis grants you a limited, non-exclusive, fully revocable license to access and use the Platform for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. You acquire no ownership rights when using our Platform and all rights not explicitly granted are hereby reserved by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regu-lations regarding your use of our Platform, and your submission of accurate and acceptable information. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United Arab Emirates or the country in which you re-side.
The Platform is provided on an “as is” basis. No warranty is given about the quality, accuracy, functional-ity, availability or performance of the Platform and we reserve the right to suspend, withdraw, amend, modify or vary the service provided without notice and without incurring any liability to you.
Except as expressly permitted by us in writing, you agree not to reproduce, redistribute, sell, create de-rivative works from, decompile, reverse engineer, or disassemble the Platform. You will not take any measures to interfere with or damage BitOasis.
You acknowledge and agree that BitOasis may disclose your information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that information violates the rights of third parties; (d) protect the rights, property or personal safety of BitOasis, its employees, users or the public; or (e) enable the transfer or sale of the Platform to another entity.
Please use your common sense when posting content via the Platform and sending content to the Plat-form or BitOasis because you are solely responsible for, and bear all liability in relation to, such content. You must behave in a civil and respectful manner at all times. Further, you agree:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination, but we reserve the right to suspend or terminate any account at any time without notice or explanation.
BitOasis has the right, but not the obligation, to monitor all conduct on and content submitted to the Platform. You are responsible for determining the identity and suitability of others you contact via the Platform.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain resulting from actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from BitOasis with respect to such actions or omissions.
The Platform may contain links to third party websites or content from third party websites that are not controlled under these Terms of Service. You acknowledge that BitOasis is not liable or responsible for any third party websites or any third party content, information or products made available at third par-ty websites. You acknowledge sole responsibility and assume all risk arising from your use of any such websites or resources. You should read the terms and conditions and privacy policies of third party web-sites that you visit.
The communications between you and BitOasis use electronic means, whether you visit the Platform or send BitOasis e-mails, or whether BitOasis posts notices on the Platform or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from BitOasis in an elec-tronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communica-tions that BitOasis provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
BitOasis reserves the right to modify, amend or change the Terms of Service at any time (a “Change”). In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
If you do not accept any Change to the Terms of Service, you should stop using the Platform immediate-ly. Your continued use of the Platform following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms of Service.
If, for any reason, any of the Terms of Service are declared to be illegal, invalid or otherwise unenforce-able by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforcea-ble, it shall be severed and deleted from the Terms of Service and the remainder of the Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay by us in exercising any right, power or privilege under the Terms of Service shall op-erate as a waiver of such right or acceptance of any variation of the Terms of Service and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Terms of Service shall confer or purport to confer on any other third party any benefit or the right to enforce any term of the Terms of Service.
As referenced within the dispute resolution provisions below, any equitable or injunctive actions arising out of or relating to this Agreement or your use of the Platform must be commenced in the state or fed-eral courts located in Sacramento County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, you irrevocably waive any right to a trial by jury.
You consent to receive all communications including notices, agreements, disclosures, or other infor-mation from BitOasis electronically. BitOasis may provide all such communications by means including but not limited to email or mobile message or by posting them on the Platform. Support-related inquir-ies or notices may be sent to us at email@example.com.
This Agreement is binding upon and shall inure to the benefit of both parties and their respective suc-cessors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without BitOasis’s prior written consent. No third party shall have any rights hereunder.
This Agreement shall be governed by the laws of the United Arab Emirates, without regard to principles of conflicts of law.
Although we intend to provide accurate and timely information on the Platform or the BitOasis website including, without limitation, any content, may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the BitOasis Site are your sole responsibility and we shall have no liability for such decisions.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to defi-nitions and interpretations in the English language. Any translation provided may not accurately repre-sent the information in the original English.
You and BitOasis agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, “Dispute(s)”) will be settled by binding arbitration. You acknowledge and agree that you and BitOasis are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. The Dispute shall be settled by arbitration in accordance with the provisions set forth under the Rules of Commercial Conciliation and Arbitration (“the Rules”) of the Dubai Chamber of Commerce & Industry, by one or more arbitrators appointed in compliance with the Rules. All parties agree to hear the dispute in Dubai, United Arab Emirates. Both parties agree that they will be responsible for their own costs and fees regarding any Dispute.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Disclaimers and Lim-itation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Last Updated: June 8, 2015
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CHECKING THE BOX TO AGREE TO THESE TERMS OF SERVICE OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of the multi-signature bitcoin services (collectively, the “Services”) provided by CryptoCorp Inc. (“Company,” “we,” or “us”) in connection with your bitcoin wallet(s) (“Wallet(s)”), hosted by BitOasis Technologies FZE that has integrated its wallet software with our Services (“Host”).
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. If you are using our Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) you are duly authorized by such legal entity to act on its behalf; and (iii) such legal entity agrees to be responsible to us if you violate these Terms.
You must create an account to access our Services (“Account”). Your Account will be created as a part of the Wallet hosted by the Host and have integrated the Wallet with our Services.
You must: (a) provide accurate and truthful information; (b) maintain the security of your Account by protecting the Personal Keys associated with your Account and restricting access to the computer or mobile device you use to access your Account; (c) promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and (d) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
Our Services provide a bitcoin transaction authorization solution. Once you have integrated your Wallet with our Services, the Services generate bitcoin addresses used to send and receive bitcoin in your Wallet. These addresses require signatures both from you and from us to send bitcoin (“multi-signature address”) and can be used to allow us to confirm your bitcoin transactions (“Transactions”) prior to their processing by the Verification Network (defined below), to help prevent mistaken, fraudulent, or erroneous bitcoin transactions.
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing, outside of the Services, a backup of the Personal Key associated with your multi-signature address. If you do not maintain a backup of your Personal Keys, you will be unable to access bitcoins associated with any of your multi-signature addresses in the event that we discontinue the Services.
We do not guarantee the accuracy, completeness, or timeliness of our Services or any content or materials displayed via our Services. Without limiting the foregoing, you acknowledge and agree that our Services rely on third party services, including Host’s services. You acknowledge and agree that there are risks associated with utilizing an Internet-based, Bitcoin wallet service including, but not limited to, the risk of failure of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account, including, but not limited to your Wallet. We are not responsible to you for (a) any inaccuracies, errors or omissions in our Services or (b) any communication failures, disruptions, errors, distortions, or delays you may experience when using our Services to engage in any Transaction, however caused.
Company takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, or the loss or compromise of your Account credentials, including, but not limited to, any losses, damages, or claims arising from (a) any Account credentials being "bruteforced", (b) server failure or data loss, (c) forgotten Personal Keys, (d) corrupted files, (e) incorrectly constructed Transactions or mistyped bitcoin addresses, (f) "phishing," viruses, third-party attacks, or any other unauthorized third-party activities, or (g) any other unauthorized access to our Services via your computer or mobile device.
In using our Services, you may view content or utilize services provided by Host and other 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 will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. You are solely responsible for determining whether the use of our Services or any Third-Party Content is permissible under the laws applicable to your jurisdiction. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
You will not use our Services to violate any law, contract, or third-party right. We, and our respective officers, directors, members, employees, and agents (collectively, “Company Parties”) are not liable for your conduct in using our Services. Without limiting the generality of the foregoing, you will not use our Services in connection with any transaction involving illegal products or services. You further will not:
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding Company or our Services that you provide, whether by email, posting through our Services, or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in your Feedback. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with our Services, including, without limitation, the Company, Company logos, Services logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Company Materials”) are the proprietary property of Company or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the Company Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Company Materials; (b) the distribution, public performance, or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Company Materials, or any portion thereof; or (d) any use of the Company Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to our Services.
“CryptoCorp,” the Company logo, and any other Company product or service names, logos, or slogans that may appear on our Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use any trademark, product, or service name of Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
In the event of any Force Majeure Event (as defined in Section 18.5), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may also terminate your access to the Services in our sole discretion, immediately and without prior notice, and deactivate your Account without liability to you. You may also terminate these Terms at any time by discontinuing your use of our Services. Upon termination, you will only be able to access bitcoin stored in a multi-signature bitcoin address by sending it to another address using your Personal Keys.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
You will defend, indemnify, and hold harmless Company and each of the Company Parties from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. Further, if you are using our Services on behalf of any entity, you represent and warrant that such entity will indemnify you and Company for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Company will arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Company will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Company must be sent to 'firstname.lastname@example.org'. You and Company further will: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in California, United States; (c) that arbitration will be conducted confidentially, in the English language and by a single arbitrator in accordance with the Rules of the JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES developed by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), and such JAMS Rules are deemed to be incorporated by reference to these Terms; and (d) that the courts in California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of California, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. WHETHER THE DISPUTE IS HEARD IN ARBITRATION, OR IN COURT, YOU AND COMPANY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.