Website Terms and Conditions

Bitvier.com

Updated February 2018

Regarding Translations: This Terms and Conditions are currently in English, but it may have been translated into various languages is done as a courtesy only. To the best of our knowledge the translation is accurate, but we shall not be liable in the event of any inaccuracy. In the event of a conflict between the English version of this Terms and Conditions against any other version that has been translated into another language, the English version shall prevail. 

Neither this document, nor any other document produced or signed by Bitvier Software ltd. is an offer or solicitation to buy coins or tokens.

Preface
This preface and all other site policies are an inseparable part of these Terms and Conditions and constitute a binding agreement between us, Bitvier Software ltd. (the “Company”) and you, and all your representatives, directors, officers, employees, third parties, shareholders, operators, attorneys, successors, assigns and sites’ administrators, and it governs such relationship wholly and exclusively, together with the Privacy Policy Statement, and any additional customer agreement as applicable to the use of this site (collectively, the “Terms”).

Please note that the Terms may be changed at any time according to Company’s sole discretion, with or without notice to you. You agree to review these Terms periodically to be aware and updated of such modifications and your continued access and/or use of the site constitute your express acceptance of the modified agreement. Any changes made to the Terms, or any part thereof, will become effective when posted on the site. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Terms and Conditions’ page.

IMPORTANT: BEFORE ACCESSING THE SITE, USING IT, OR MAKING A PURCHASE OF ANY SERVICE, PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. THE TERMS GOVERN YOUR ACCESS TO THE SITE, AND ANY CORRESPONDENCE (INCLUDING BY WAY OF EMAIL) WITH THE COMPANY. 

IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THE SITE. 

BY CLICKING ‘ACCEPT’, REGISTERING TO THE SITE, PURCHASING ANY SERVICE OR BY YOUR CONTINUED USE OF THE SITE, YOU CONFIRM AND WARRANT TO THE COMPANY THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM AND UNREVOCABLY AGREE TO BE BOUND BY AND COMPLY WITH THEM, AND THAT THE TERMS AND CONDITIONS, TOGETHER WITH ALL POLICIES ARE AN INSEPARABLE PART OF A BINDING AGREEMENT BETWEEN YOU AND US, REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER TO THE SITE AND/OR ANY OF THE SERVICES PROVIDED.

IN CONSIDERATION OF YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS, WE HEREBY GRANT YOU A LIMITED, REVOCABLE AND NON-EXCLUSIVE LICENSE TO ACCESS AND USE THE SITE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED HEREIN. 

YOU FURTHER REPRESENT THAT YOU ARE ABOVE 18, AND THAT YOU HAVE FULL LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING AGREEMENTS.

WHEN PROHIBITED BY LAW - ALL OFFERS AND LICENCES TO USE THIS SITE ARE VOID 
This site has international access, but not all the site’s services are allowed in all territories. Any offer or service made on our site that is prohibited by the law in your country is VOID, and it is at your own responsibility to find out about your local laws and comply with them.

Due to the high traffic of our users we cannot check or supervise that users adhere to their applicable laws, and therefore by using this site and any service you register to, you represent and warrant to us that you comply with all local applicable laws.

The license to use the site is valid only where the site is permitted to operate. Access to and use of the site and/or any of the services in contradiction to any laws or regulations, or where prohibited by law, is unauthorized and not permitted.

Territories in which our services are regulatory constrained are: Russia, South Korea, New Zealand, Republic of China, any country or territory that is the target of United States economic or trade sanctions (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), or any geographic area that is subject to UN-, US-, EU-, CH- or any other sovereign country sanctions or embargoes.

In addition, you represent to us that you are not enlisted on any “black lists” such as the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department’s Denied Person List, the EU Consolidated List of Persons, etc., and that you are not acting on behalf of a person enlisted as such.

Limited License Grant
The site is provided by the Company, and conditional with the acceptance of these Terms and Conditions, provides you with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the site and download any information made available through or from the site.

Subject to complying with these Terms and Conditions, you are granted with a permit to download information from the site into your laptop, workstation or computer’s temporary memory (RAM) and print materials and information from the site solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.

Restrictions on Use 
The foregoing license is limited. You may not:

            (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the site in any way;

            (ii) create a browser, frame, border environment or GUI around the Site;

            (iii) manipulate or otherwise circumvent any portion of the site, including without limitation, access some portion of the site which is available only to users who pay for such access, or limitations on access or use thereof in or from any restricted territory;

            (iv) interfere with or violate other users’ rights to privacy and other rights, harvest or collect data and information about other users without their express consent in any way;

            (v) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false information about the site;

            (vi) transmit, distribute, display or otherwise make available through or regarding the site any content, including user-generated content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;

            (vii) use any “deep link,” “page scrape”, “robot”, “spider”, “data mining", etc., practice “bandwidth theft”, use offline browsing plug-ins and software, download or apply batch download or access and any access via any software except for the main common and official web browsers. Further forbidden is any other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the site or in any way reproduce or circumvent the site or any part thereof, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the site;

            (viii) probe, scan or test the vulnerability of the site, its security, or of any network connected to the site; use cheats and exploits; attempt to breach, violate or circumvent the security or authentication measures on the site, network or account, or any network connected to the site; attempt to interfere with Company’s networks, servers or equipment; attempt to gain unauthorized access to any portion or feature of the site, including without limitation, the account of any other authorized user, any other systems or networks connected to the site or its servers, or to any of the services offered on or through the site; access data not intended to the you as a recipient, including logging onto a server where access is not authorized, all - by hacking, password “mining”, or any other legitimate, illegitimate or prohibited means;

            (ix) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the site;

            (x) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site, the system, networks, or any systems or networks connected thereto;

            (xi) impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the site;

            (xii) engage in any act that deems to be in conflict with the spirit or intent of the site and services;

            (xiii) market, present yourself as a partner, present the site as your own or as a private label, use the Bitvier name or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the site, in whole or in part, without the express, separate and prior written permission of the Company;

            (xiv) send, knowingly receive, upload, download, use or otherwise disseminate any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy and/or any other rights of any third party;

            (xv) cause annoyance, inconvenience or anxiety;

            (xvi) cause spamming, sending or provision of unsolicited advertising or promotional material;

            (xvii) assist or become involved in any type of attack; attempt to interfere with the proper working of the site and access or usage to any user, host or network. This includes without limitation flooding of networks; DOS (denial of service) attacks of any sort, attempts to overload a service and attempts to crash a host, attempt to abuse, manipulate or benefit from an error, software bug, security backdoor or breach, latency differences, circumvent or exploit the services or systems, transmitting e-mails, code or files which contain computer viruses, corrupted data, trojan horses or tools which compromise the security of web sites or user data, including but not limited to spyware and malware of any sort;

            (xviii) creating or maintaining any link from another site to any page on this site, running or displaying this site or any information or material displayed on this site in frames or through similar means on another site. Any permitted links to this site must comply will all applicable laws, rules and regulations and ethical conduct on the internet.

            (xix) provide any false, inaccurate, untrue, or incomplete information; or

            (xx) use the site in any other unlawful manner or in a manner that could be perceived to damage or otherwise may have a negative impact on the Company or the site. 

If you or any other person violate any term of these Terms and Conditions, the Company may, at its sole discretion, without notice and without any liability to the Company, its clients, the site’s users or any other party: 
                (1) Require clarifications, authentications, documentations or other proof or details relevant to an investigation;
                (2) Terminate your user license and prevent you from accessing your account, the site, its system, services and/or Company software;
                (3) Repair, rectify and/or rollback your actions to perform restitution for the Company, the site or a third party;
                (4) Refund any contribution to you, offset, deduct and/or confiscate contributions and/or information at the Company’s sole discretion; or
                (5) Take any action as it considers appropriate; 

The exercise of the above-mentioned rights will not require us to compensate you or any other third party for any losses, and we shall hold no liability for these actions. 

Intellectual Property Right 
The site and any and all Intellectual Property right pertaining thereto (other than third-party content), including, but not limited to, software, code, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI, processes,  know-how, whether or not registered (collectively, “Intellectual Property“), are fully owned or licensed to Company and subject to copyright and other applicable intellectual property rights under local laws, foreign laws and international conventions. Except as provided explicitly in the Terms, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property pertaining to the site and/or any part thereof.

YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, DISTRIBUTE, REPRODUCE, TRANSLATE, DECOMPILE, DISASSEMBLE, CREATE ANY DERIVATIVE WORK OF, PUBLISH, PUBLICLY DISPLAY, PERFORM, OR OTHERWISE USE, ANY INFORMATION, DATA, INTELLECTUAL PROPERTY OR MATERIALS PROVIDED BY THE COMPANY THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS. ANY UNAUTHORIZED USE OF ANY SUCH INFORMATION OR MATERIALS MAY VIOLATE THIS TERMS AND CONDITIONS AND COPYRIGHT LAWS, TRADEMARK LAWS, LAWS OF PRIVACY AND PUBLICITY, AND OTHER LAWS AND REGULATIONS. NOTHING CONTAINED ON THIS SITE GRANTS OR SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY OF THE COMPANYS’ INTELLECTUAL PROPERTY RIGHTS, WITHOUT OUR PRIOR WRITTEN PERMISSION, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

The site’s domain, the Company’s logo, and all other names, logos and icons identifying the site, publications, products or services referenced herein or presented on the site are the exclusive trademarks or service-marks of the Company and are protected by law. Certain trademarks, trade names, service marks and logos used or displayed on this site are registered and unregistered trademarks, trade names and service marks of the Company and/or it’s Third-Party Providers. ANY USE OF SUCH TRADEMARKS, TRADE NAMES, SERVICE MARKS OR LOGOS, WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION FROM THE RELEVANT RIGHTS HOLDER, IS STRICTLY PROHIBITED. 

Information contained at the site, including but not limited to text and images herein (other than certain images licensed from third-parties) and their arrangement, are copyright ©2018 by us. All rights reserved. Accordingly, the information and materials contained in the site may not be copied, displayed, distributed, licensed, modified, published, sold, used to create derivative work or otherwise used for public or commercial purposes without our express written permission.

Information Submitted 
The information and materials you provide to us through the site or email shall be deemed to be the property of our company and may be used by us in any manner that fits with our Privacy Policy. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such information or materials for any purpose whatsoever, including but not limited to developing, manufacturing and marketing purposes. Application information submitted to us shall be treated confidentially to the extent required by applicable law or as disclosed in the application and/or supporting materials.

No Recommendations or an Investment Advice
The site provides opportunity to create a cryptographic coin, to maintain it, and eventually to download it and deploy it. The site and its services are not designed to serve as an investment opportunity and therefore the site does not purport to make any recommendations or offer investment or investment advice of any kind. You are solely responsible for evaluating the merits and risks associated with coin generation in general and your creation, use and purchase of such coins specifically, before making any decisions to buy services on the site. 

No Warranties
You understand and accept that we cannot and do not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your requirements for security and accuracy of data input and output, and for maintaining a means for the reconstruction of any lost data, in case needed. 

THE SITE IS BEING MADE AVAILABLE TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND. YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. 

While we endeavor to ensure that this site is available 24 hours a day, we shall not be liable if for any reason this site is unavailable at any time or for any period. We do not guarantee that you will be able to access the site at any time and location. We do not warrant that the site will be uninterrupted, inaccurate or error-free, and you expressly release us from any claim of harm resulting from a cause beyond our reasonable control, including but not limited to having failure of electronic, mechanical equipment or communication lines for any reason, telephone or other communication problems, computer viruses, unauthorized access, theft and other malicious actions against the site, force majeure event such as severe weather, earthquakes or other act of God, flood, extraordinary weather conditions, fire, strikes, labor dispute, wars, or governmental restriction or action, riot, insurrection, accident, communications or power failure, equipment or software malfunction. We do not warrant that defects in the site will be corrected. The site may, at any time and at our sole discretion, be off-line for maintenance or for any other reason, and service may be denied, temporarily or indefinitely, and with no liability to the Company. 

Limitation of Liability
In no event will the Company be liable for any incidental, consequential, indirect, punitive, or special damages or any loss of income, profits, goodwill, data, contracts, use of money, arising out of or in any way connected with:
            (xxi) the use of or inability to use the site or its service;
            (xxii) any information provided or downloaded from the site;
            (xxiii) any delay of such information or service, even if we have been advised in advance of the possibility of such damages;
            (xxiv) the issuing, change or interpretation of any law or governmental or regulatory requirement and shall not be held liable for any loss you may suffer as a result thereof;
            (xxv) your downloading of any material from this site; or
            (xxvi) any provision in these Terms and Conditions in which a limitation of liability has been explicitly stipulated.

We reserve the right to suspend, modify, remove and/or add any information in our sole discretion and without notice. In the event of such suspension, modification, removal or addition of any information for any reason, we will not be liable in any way to you.

User Obligations 
If you become aware of a breach or potential breach of security with respect to any personal identifying information provided to or made available by us, or any unauthorized hacking of the site, you shall (i) immediately notify us of such breach or potential breach, and (ii) enable us to comply with any applicable laws requiring the report on a security breach, which may requires supplying personal identifying information.



Risks of Cryptographic Coins
This site allows you to create, maintain, and eventually download and deploy cryptographic coins, in X13 hashing algorithm.

Like any other cryptocurrency or computer systems in general, this system is exposed to attacks against their underlying infrastructures, Additionally, users of these cryptocurrencies occasionally send payments to the wrong destinations, errors for which sadly there is no current system for recovery. You hereby commit that you are aware of the risks of using these payment systems, are experienced in transacting with cryptocurrencies, and that we are not responsible in any way for any loss that result from their use or incompetent use of you or third-parties. 

Additionally, you warrant that you comprehend the unpredictable nature of the movements of cryptocurrencies and relinquish any claim to recovery against us for any harm caused by the price variations while or after your order is processed. 

To conclude, you acknowledge that you understand how the price-updating feature of the coin or token purchase mechanism works, and that you understand that an order might not be completed if the payment currency value (ETH or BTC) updates before you complete a transaction. 

You agree that you are solely responsible for the entire sum essential to complete the payment even if it updates not in your favor before your payment is established.

Payment to us with Cryptocurrency
We generally accept payment for offered services in the site, with common cryptocurrency, the different currencies of which shall be available as a payment option from time to time on the site.

NEVERTHELESS, DUE TO SUBSTANTIAL PRICE INSTABILITIES THAT OCCUR IN THE PRICE OF THE CRYPTOCURRENCY WHILE IT IS IN TRANSIT ACROSS THE BLOCKCHAIN, WE RESERVE THE RIGHT TO DENY THE EXECUTION OF A PURCHASE. 

Payments to us with Credit Card
We collect payments with RBKMoney payment processor (website: http://rbkmoney.com/about. We are registered merchant at RBKMoney, which has contract with our billing collecting entity: EQUILD REMOTE HR AGENCY LP SL029834, registered at 39/5 Granton Crescent, Edinburgh, EH5 1BN, United Kingdom. Equild Remote HR Agency will forward your payment to Bitvier.

All transactions with credit card will be processed in U.S Dollars. Prices appearing on the billing page are the final prices, notwithstanding any contradiction in other places in the site, and any contradicting information shall not be deemed as a representation on behalf of the Company. The Company reserves the right to change pricing at any time without prior notice.

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilize one of the other payment options, or simply log off and return to the site at a later time to complete your order. 

Security Policy
we do not have access to your credit details. RBKMoney process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Comodo, ensuring the cardholder and merchant that nobody can impersonate RBKMoney to obtain confidential information. 

RBKMoney is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. RBKMoney Internet servers are protected by firewalls and intrusion detection systems. RBKMoney continually reviews and enhances its security in line with technological changes 

Shipping and Delivery
As a software company, our products and services are digital in nature. Thus, you may receive that which you have paid for within seconds to one hour, directly by your browser, or with special function enabling you to download materials paid for.

Return, Refund and Cancellation Policy
Our policy is not to offer refunds on the digital software, and Bitvier products. Nevertheless, if you think that your situation is a special circumstance, then you may freely contact us and we shall consider your request. In case we do issue a refund, your access to the digital software and/or any of the Bitvier products will be permanently revoked.

Nevertheless, regarding ongoing or renewing periodical payments, such as monthly payments, only the last payment, which have been made, shall be refunded – subject to our discretion as written above.

Username and Password Policy
We use Google Account login procedure, as a social network login. In using your social network login, you understand that we will have access to and will keep certain information from your Google Account.  Remember that you are responsible for the activity that happens on or through your account. 

Feedback and Submissions
Registered site users may have the opportunity to submit feedback and information regarding their purchase experience through the site, services or software. Such information is submitted on a voluntary basis. 

Privacy Policy
You understand, acknowledge and agree that the use of the services on the site may require the submission and use of your personal identifying information. Accordingly, if you wish to use those services in the site, you acknowledge and agree that your use of the site will constitute acceptance of our personal identifying information collection and use practices, as covered in our Privacy Policy Statement. Please read our Privacy Policy Statement before providing any personal data on this site.
 
Enforcing Site Security
The Company may cooperate with system administrators or other network or computing services providers to enforce these Terms and Conditions or any other policy relating to the site. The Company may involve, and will cooperate with, law enforcement if criminal activity is suspected. Actual or attempted unauthorized use of this site may result in criminal and/or civil prosecution. The Company reserves the right to view, monitor, and record activity on the site without notice to you, including without limitation, pursuant to any order by a competent authority.

Terms and Termination 
These Terms and Conditions will take effect at the moment you access or use the site, and are effective until terminated. This Terms and Conditions, or part of it, may be terminated by any of these means:
            ▪ by us and without notice, at any time, and at its sole discretion;
            ▪ If you violate or fail to comply with these Terms and Conditions;
            ▪ If you cease using the site;

A violation of this Terms and Conditions by a person having only indirect access to our service through you, will be considered a violation by you, including whether the violation was in with your knowledge or consent. You are responsible for all actions of a person having direct or indirect access and service from us through you.

Termination is effective without notice. Upon termination, you must destroy all copies of any aspect of the site that you have made and remove downloaded software from your possession. 

All provisions of this Terms and Conditions which by their nature should survive termination shall do so, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and any provisions regarding your use of confidential and/or proprietary information.

Governing Law and Dispute Resolutions
These Terms and Conditions and all disputes or claims arising out of or related thereto shall be governed by the laws of the State of Israel without prejudice to its rules about conflicts of laws. 

Any cause of action or claim arising out of use of the site including paid services must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred from being submitted. You and the Company mutually waive all rights to a jury trial and to participation in class action litigation in connection therewith.

The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or about these Terms and Conditions. If the parties fail to agree upon terms of settlement, either side may submit the dispute to the competent courts of Tel Aviv. A printed version of these Terms and Conditions will be admissible in judicial or administrative proceedings.

You agree that the Company shall be entitled to seek and be awarded with an injunction or other appropriate equitable relief to restrain any breach of your obligations under these Terms and Conditions. Accordingly, you waive any requirement to deposit a bond or other security to court by the Company, in the event of any injunctive or equitable relief is sought to enforce any provision of these Terms and Conditions. You acknowledge that any such breach, threatened or actual, could cause irreparable injury to the Company that is not quantifiable in monetary damages.

If you have any dispute regarding any outcome concerning this Terms and Conditions, use of the Site, services or information, you may submit your complaint to us in writing within fourteen (14) days of incident by email to [email protected]

Miscellaneous
You agree that these Terms and Conditions are for the benefit of yourself and us. Therefore, these Terms and Conditions are personal to you and are not assignable. No joint venture, partnership, employment, or agency relationship exists between you and us because of these Terms and Conditions or arising out of your use of the Site.
 
We may assign our rights and duties under this agreement to any party and at any time, without notice to you. These Terms and Conditions, along with the Privacy Policy Statement, represent the entire agreement between you and us with respect to use of the site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and us. 

Severability 
If any provision of these Terms and Conditions is ruled invalid or otherwise unenforceable by a court of competent jurisdiction, or because of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be construed as amended in order to achieve as closely as possible the same effect as the Terms and Conditions as original drafted.