THE BITCOIN FOUNDATION

WEBSITE TERMS OF SERVICE

Effective Date: November 8, 2016

 

This Terms of Service document (“Terms”) is a legal agreement between you and The Bitcoin Foundation, Inc. (the “Foundation” “we” or “us”), and governs how you may use and manage the Foundation website (“the Website”). BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose not to agree with any of these Terms, you may not use the Website, and must leave immediately. For all questions about how we use the information we obtain from visitors to our Website, please visit our Privacy Policy.

These Terms of Service are further incorporated into our Terms of Membership as if fully set forth therein.

We reserve the right to take any action we deem appropriate if we determine, in our sole and absolute discretion, that you have engaged in any of the prohibited activity described herein, or otherwise violated these Terms. Such action may include cancelling your membership, terminating your license to use the Website, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by the Foundation.

1. Foundation Description. The Bitcoin Foundation is a non-profit organization dedicated to coordinating the efforts of the members of the Bitcoin community, helping to create awareness of the benefits of Bitcoin, how to use it and its related technology requirements, for technologists, regulators, the media and everyone else globally. The Website is intended to describe the Foundation and its mission to prospective members. The Foundation reserves the right to modify or change the Website, or any portion thereof, and any applicable policies or terms at any time, without notice. We may also modify, suspend, interrupt or terminate operation of or access to the Website or any portion thereof, for any reason at any time, without notice.

2. End User License Agreement (EULA). The Foundation hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Website. The term of your license shall commence on the date that you visit the Website and will end if terminated by either you or us. We reserve the right to immediately terminate your license if you use the Website in breach of the terms set forth herein. The Foundation retains all right, title and interest in and to the Website, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Website is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from the Foundation.

3. Age Restriction. The Website is not intended for minors under 18 years of age, and you may not register or use the Website if you are under 18. You hereby represent and warrant that you are at least 18 years of age.

4. License Prohibitions. You may not do any of the following:

(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Website;

(b) Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Website;

(c) Interfere with or disrupt the Website, or servers and networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Website;

(d) Utilize the Website in any manner or for any purpose other than that for which it is intended;

(e) Reproduce, print, cache, store or distribute any information or content belonging to the Foundation without our prior written permission;

(f) Use the Website to violate any law (whether local, state, national, or international).

(g) Use the Website to post any images or written content that are unlawful, threatening, abusive, defamatory, vulgar, or otherwise objectionable in any way as determined by the Foundation in its sole discretion.

(h) Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or upload software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

(i) Facilitate violations of these Terms, the Membership Terms, or the Privacy Policy.

5. Privacy. Our use of your personal information is governed by the terms of our general Privacy Policy, which is made a part of these Terms by this reference. Except as set forth in the Privacy Policy, we will not sell, exchange, or release your personal information to a third party without your express permission, unless required by law or court or governmental order.

6. Copyright: We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Websites is:

The Bitcoin Foundation, Inc.

Attention: Copyright Agent

PO Box 3354

Belfair, Washington, USA

[email protected]

We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.

7. Advertisers and Links: Our Website may feature links to third party websites. Any correspondence or business dealings with third-party advertisers are and shall be solely between you and any such third party. Moreover, you herein agree that we shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Website.

8. Assumption of Risk & Limitation of Liability. You expressly agree to assume any and all risks that may be associated with using our Website. In no event shall the Foundation be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of any element of the Website, including without limitation to losses incurred due to: (a) any monetary loss; (b) software glitches, server failures, power outages, or any other issue beyond the Foundation’s control; (c) any delays in or failure of the Website to operate as described; or (d) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers.

9. Indemnification: You agree to defend, indemnify and hold the Foundation , together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.

10. No Warranty: The Foundation makes no representation or warranty that: (a) the Website will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the Website are free of viruses or other malicious code; and (c) your use of the Website is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. THE FOUNDATION PROVIDES NO WARRANTIES WHATSOEVER REGARDING ACCURACY, RELIABILITY, OR DELIVERY, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

11. Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Website or membership in the Foundation. Therefore, you agree that, by using the Website or becoming a member of the Foundation, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.

This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Website. Any such dispute shall be determined by arbitration to be held in Washington, DC before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

12. Choice of Law; Forum: You agree that the Website shall be deemed based in Washington, D.C, and is housed on a passive server that does not give rise to personal jurisdiction over the Foundation , either specific or general, in any jurisdiction other than Washington, D.C. This document shall be governed in all respects by the laws of the District of Columbia. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Washington, D.C. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within the District of Columbia for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.

13. Limitation of Actions. Any claim or cause of action arising out of your use of the Website or membership in the Foundation must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Foundation to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.

14. Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any element of the Website and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.

15. Entire Agreement and Severability. These Terms and any document incorporated by reference herein, together with the Privacy Policy, constitute the entire agreement between you and us and govern your use of the Website, superseding any prior agreements between us. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.

16. For Residents of Certain States. If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a New Jersey resident, certain sections of this Terms of Use may not apply to you pursuant to the New Jersey

Truth in Consumer Contract, Warranty, and Notice Act. Additional states may not allow an exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

If you have any questions or concerns with respect to these Terms, please Contact Us.

The Bitcoin Foundation, Inc.

PO Box 3354

Belfair, Washington, USA

[email protected]