Paymeabit Terms of Service
LAST UPDATE: JULY 29, 2015
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, You agree to become bound by the Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Service or use any services of Paymeabit. If these ToS are considered an offer by Paymeabit, acceptance is expressly limited to these terms. The Service is available only to companies and individuals who are at least 18 years old.
The Company has developed an hosting digital platform (“Paymeabit”) to tip third parties contents, including news, videos, comments and other content (“Third Party Content”) in Bitcoins. Users can reward Third Party Content they like by leaving a tip in bits, which is a fraction of Bitcoin.
For the purpose of this Agreement, “Bitcoins” or “Bitcoin”, means the decentralized digital peer to peer payment system as per the notorious open sources software first released in 2009. Bitcoins may be transferred totally or partially (in unit of Bitcoin or fractions of such units) upon verification by network nodes and such transactions are recorded in a public distributed ledger know as the block-chain (“Block-Chain”).
While Third Party Content is accessible to any user, only registered users to Paymeabit, as per article 2 herebelow, are able to tip and post content.
Registration to Paymeabit is possible also via Facebook, Twitter, Google+ and Email as per article 3 herebelow.
Users of Paymeabit will have a username and name and surname will not be shown to the Paymebit user community.
In order to tip content, it is necessary to open an Account as indicated herebelow and a Paymeabit wallet where the user transfer its Bitcoins (“Paymeabit Wallet”).
Paymeabit Wallet can be recharged by the User sending its Bitcoins to the address of its Paymeabit Wallet, which is provided in the Account of the user.
The user may also withdraw Bitcoins from its Paymeabit Wallet. In order to withdraw Bitcoins, the user shall provide a valid Bitcoin address where such Bitcoins shall be credited (“Personal Wallet”).
Tips in Bitcoins of Third Party Content, recharge of Paymeabit Wallet, withdraw from Paymeabit Wallet and charge to the Personal Wallet, or other transactions available through Paymeabit from time to time are also defined herebelow “Paymeabit Transactions”.
User is responsible for any Paymeabit Transaction. In particular User declare to be the owner or to have in any case the right to dispose of Bitcoins transacted through Paymeabit in any way.
The Company put its utmost efforts in preserving the security of any and all Bitcoin Transactions and protecting Your Bitcoins. However You understand and agree that the Company cannot be considered in any case liable for loss of units or fractions of Bitcoins and You shall consider that Bitcoins transferred to the off-chain (meaning the digital chain of Bitcoins different than the Block-Chain) can be stolen or damaged by third party and/or Paymeabit can suffer a cyber-attack, without the possibility for the Company to reimburse in any way the Customer of its Bitcoins lost.
For safety reasons, every withdrawal from a Paymeabit Wallet, shall require a confirmation from the Customer via Your email address indicated in Your registration of the Account.
In order to complete the withdrawal of Bitcoins from a Paymeabit Wallet to a Personal Wallet, Paymeabit shall send an e-mail to the Customer, requiring confirmation of the withdrawal by clicking on the link indicated in such email.
Once confirmed, the amount will be transferred possibly within 24 hours.
Subject to the Agreement Paymeabit grants the Customer a worldwide revocable, non-exclusive, non-transferable license during the term of the Agreement (the “Term”) to use Paymeabit.
The Service offered through Paymeabit does not include any kind of financial services, exchange of Bitcoins or of any cryptocurrency or digital currency, or any other financial services reserved by the applicable laws in Italy and abroad to banks or financial institutions.
The Service is not available for New York State residents or does not involve New York State. Should You be a person that resides, is located, has a place of business, or is conducting business in the territory of the New York State (“New York Resident”), or should Your Paymeabit Transaction involve the territory of the New York State, you cannot use the Service which are strictly prohibited in the aforesaid cases. If you do use the Service notwithstanding the above, the Company cannot be considered responsible for any direct and consequential damage caused to the Company as a consequence of application of the regulation issued on June 2015 by the New York State Department of Financial Services and available atwww.dfs.ny.gov/legal/regulations/adoptions/dfsp200t.pdf, as further amended and publicized athttp://www.dfs.ny.gov/.
2 - Registration and Personal Account
In order to access the Services, You are required to register and open a personal account (“Account”) and the related Paymeabit Wallet. Please note that You will be responsible for all activities that occur under Your Account and Paymeabit Wallet(including but not limited to any purchase of the Service made through Your Account). You are further responsible for maintaining the confidentiality of Your access information and for ensuring that no third party access Your Account and Your Paymeabit Wallet without Your consent. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. You will immediately notify the Company of any unauthorized use of Your Account or of your Paymeabit Wallet.
We will create Your Account and Your Paymeabit Wallet based upon the personal information You provide to us or that we obtain via an SNS as described below. You may not have more than one (1) active Account and one Paymeabit Wallet. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Please note that we may terminate or suspend Your Account and your Paymeabit Wallet, at any time and without prior notice to You if:
(i) we reasonably believe that You are using Your Account and Your Paymeabit Wallet in breach of the Agreement;
(ii) we reasonably believe that a third party is using Your Account or Your Paymeabit Wallet without Your consent, or
(iii) we reasonably deem it necessary to terminate or suspend Your Account or Your Paymeabit Wallet for security or maintenance purposes.
In case You decide to close Your Paymeabit Wallet, You shall transfer any and all Bitcoins from Your Paymeabit Wallet to Your Personal Wallet, otherwise the Paymeabit Wallet cannot be closed.
In case We terminate Your Paymeabit Wallet, We shall credit the remaining Bitcoins in Your Personal Wallet address communicated to Paymeabit. If the Personal Wallet address result invalid, not functioning, incomplete or not existing, You shall provided via e-mail to Paymeabit a valid Personal Wallet address where We can credit the Bitcoins resulting in the Paymeabit Wallet. Should you not provide such address within 30 days from the date of the relevant request from Paymeabit, Bitcoins eventually remaining in the Paymeabit Wallet shall be considered property of the Cpmpany.
3 - Third Party Account
Paymeabit may, from time to time, give You the possibility to register an Account by logging with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Twitter, Google+ etc.); each such account, a “Third Party Account”, via our Website, as described below. As part of the functionality of the Website, You may link Your Account with Third Party Accounts, by either:
(i) providing Your Third Party Account login information to Paymeabit through the Website; or
(ii) allowing Paymeabit to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.
You represent that You are entitled to disclose Your Third Party Account login information to the Company and/or grant Paymeabit access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating Paymeabit to pay any fees or making Paymeabit subject to any usage limitations imposed by such third party service providers. By granting Paymeabit access to any Third Party Accounts, You understand that Paymeabit will access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (“SNS Content”) so that it is available on and through the Website via Your Account. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts will be available on and through Your Account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Paymeabit’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between Your Account and Your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. The Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Paymeabit is not responsible for any SNS Content.
4 - Paymeabit Fees
WE BELIEVE IN BITCOINS. THEREFORE ANY APPLICABLE CHARGE FOR THE SERVICES, SHALL BE PAYABLE IN BITCOINS BY THE CUSTOMER, SAVE AS OTHWERWISE AGREED BETWEEN THE CUSTOMER AND THE COMPANY.
Unless otherwise noted, registration on the Website will provide you access to the Services at no cost (“Free Service”). By using the Website, you acknowledge that Paymeabit reserves the right to charge you for the products and services offered on the Website, including, without limitation, for the Services and for the Paymeabit Transactions, any time after the Free Service. Further, use fees (if any) may change from time to time, at any time, without notice, and are not subject to price protection or refunds in the event of a price reduction or promotional offering.
You agree to pay any applicable charges or fees that may be accrued by or in connection with the Services, with Paymeabit Transactions and with Your registered account. Paymeabit will bill you directly, AND charge your Paymeabit Wallet, or obtain payment through Your Personal Wallet for all such fees/charges. If a Paymeabit Wallet or Personal Wallet is being used for payment, You authorize the Company to obtain preapproval for an amount up to the amount of Bitcoins or charges owed to the Company. You are responsible for the timely payment of all such fees/charges in Bitcoins and for providing Paymeabit with a valid Paymeabit Wallet address or Personal Wallet address and details for payment of fees/charges. Failure to pay fees/charges as required by these Terms of Service, may lead to disruption or termination of Your use of the Website and/or the Services (as applicable), including denial of access to or removal of Paymeabit Wallet and any other content available or otherwise connected to Your Account.
5 - Free Service
We may offer Free Service during which You may use the Service for a limited time period. You will receive a notice from us that Your Free Service period has ended and You will have the option to proceed with the Services by paying in Bitcoins as specified by the Company, or interrupt the use of the Service which may lead to cancellation of Your Account and Paymeabit Account. You may cancel Your Account and Your Personal wallet anytime through the digital platform Paymeabit. However any fee due before such cancellation shall be charged by the Company on Your Bitcoin Wallet or Personal Wallet.
6 - Non-applicability of Italian Consumer Code
Right of withdrawal foreseen in the Italian Consumer Code is not applicable to the Services used or download by Customers through any device in accordance with art. 55, second paragraph, letter d) of the Italian Legislative Decree no. 206/2005 (“Italian Consumer Code”). For this purpose the Services are considered used by a Customer once he access, even temporarily, his Account or use even temporarily the Services.
Right of withdrawal under this section 9 is not applicable for Customers who use or download, the Services for commercial, academic, research purposes or for any other purpose other than a domestic use and/or which cannot be considered “consumers” as defined in the Italian Consumer Code, art. 3, point 1, letter a).
7 - Responsibility of Paymeabit users and visitors.
Paymeabit is an hosting provider. Therefore Paymeabit has not reviewed, and cannot review, Third Party Content, including any content posted through the Service, and cannot therefore be responsible for such Third Party Content use or effects. By operating the Service, Paymeabit does not represent or imply that it endorses Third Party Content, or that it believes such content to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material and Third Parety Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted. Customer hereby waives the Company from any liability of any nature relating the content uploaded through Paymeabit.
8 - Third Party Content
If You use the Service, You are responsible for maintaining the security of Your Account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with such account. The Company may change or remove any Third Party Content, description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Paymeabit liability. You must immediately notify Paymeabit of any unauthorized uses of Your Account, Your Paymeabit Wallet or any other breaches of security. Paymeabit will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You are entirely responsible for the content you post through Paymeabit, and for any harm resulting from, Content. That is the case regardless of whether such content constitutes video or audio files, text, graphics, or computer software. By making Third Party Content available posting it through Paymeabit, You represent and warrant that:
the downloading, copying and use of Third Party Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available Third Party Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to Third Party Content; You have fully complied with any third-party licenses relating to Third Party Content, and have done all things necessary to successfully pass through to end users any required terms; Third Party Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; Third Party Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); Third Party Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; Third Party Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; Third Party Content is not named in a manner that misleads Your readers into thinking that You are another person or company. For example, Your social network's URL or name is not the name of a person other than Yourself or company other than Your own; and You have, in the case of Third Party Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by social network or otherwise.
By submitting content, including video, audio, files, news, comments, articles, etc., belonging to You or otherwise created by You (“Your Content”) to Paymeabit, You make to the Company the same representations and warranties above and grant to the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Your Content solely for the purpose of displaying, distributing and promoting Your Content and delivering the Services. If You delete or remove Your Content, Paymeabit will use reasonable efforts to remove it from the Website, but You acknowledge that caching or references to Your Content may not be made immediately unavailable. Without limiting any of those representations or warranties, the Company has the right (though not the obligation) to, in Company’s sole discretion (i) refuse or remove any content that, in Company’s reasonable opinion, violates any Paymeabit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Company’ sole discretion. In case of the above, Company will have no obligation to provide a refund of any amounts previously paid.
9 - Content Posted on Other Services
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Services and webpages to which the Website and Paymeabit links, and that link to the Website or to Third Party Content. The Company does not have any control over those non-Paymeabit services and webpages, and is not responsible for their contents or their use. By linking to a non-Paymeabit website or webpage, or non-Paymeabit content, Paymeabit does not represent or imply that it endorses such videos, website, webpage or content in general. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Paymeabit disclaims any responsibility for any harm resulting from Your use of non-Paymeabit content.
10 - Paymeabit Content
All rights, titles and interests in and to Paymeabit , including, but not limited to, its software or HTML code and other computer code contained in both the Website’s and application’s back-end and front-end components, the Website’s and application’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials, codes, software, algorithm, and any other material that forms in any way part of Paymeabit (collectively, “Paymeabit’s Content”) is owned by Paymeabit and/or its licensors, if any. All Paymeabit’s Content is protected by national and international intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights.
11 - Paymeabit’s Trademarks and domain names.
All trademarks, whether registered, unregistered or under registration, in Italy or abroad, trade names, logos, domain names, brand names and product names used, displayed or in any way included on the Website and on Paymeabit in general (“Paymeabit’s Trademarks”) are the exclusive property of the Company or of its licensors, if any. The Agreement does not entitle You in any way to use Paymeabit’s Trademarks and we remind You that the use by You of Paymeabit’s Trademarks in any manner is strictly prohibited.
12 - Copyright Infringement and DMCA Policy
As the Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked through Paymeabit, violates Your copyright, You are encouraged to notify the Company. The Company will do all if its best efforts to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Company or others, the Company may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, the Company will have no obligation to provide a refund of any amounts previously paid to the Company by such user.
13 - Limitation of liability
The Service is provided “AS IS” without warranty of any kind, including any implied warranties of merchantability or fitness for a particular purpose. Save as otherwise agreed, the license to use the Service is strictly personal to the Customer****and not transferable to other third parties whether individuals or legal entities. Customer cannot transfer to any third party the password of its account and is strictly responsible for protecting it. Paymeabit cannot be held responsible for any loss of the password of Your Account or of Your Paymeabit Wallet.
Paymeabit Service is a Software as a Service (“SaaS”).****To the maximum extent permitted by applicable law, Paymeabit shall in no event be liable to You or any end user or third party for any damage or loss arising out of use of the Website and/or Paymeabit’s Content or any information contained on or otherwise related to the products or services which may be sold through Paymeabit, including without limitation, any liability for:
?(a) any loss of or corruption to data,
(b) loss of or damage to hardware, software, or technical equipment (including Personal Computer,Tablet, Smartphone, or other portable device or any other device or part of the place through which the products and services offered by Paymeabit where directly or indirectly supplied)
?© any loss or damage which was not foreseeable by You and/or us
(d) any loss or damage suffered as a result of failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software.
Paymeabit shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of business opportunities, clients, data or any other loss of intangible goods caused by the use of the Digital Platform or by impossibility to use the Website and the Digital Platform or reliance on the information directly or indirectly made available through the Website or through the Digital Platform. By using this Website, You and any third party agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Website ToS, the sole and exclusive remedy available to You and to any third party shall be ceasing Your use of the Website. Paymeabit disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related the use of the Website, including without limitation any liability for any third party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. The Customer finally agree to indemnify and hold harmless Paymeabit against any legal action, claim, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by the Customer of the Website, of the Digital Platform, and/or Paymeabit’s Content.
14 - Representation and Warranty of the Customer
You acknowledge and agree that You may not and may not permit, assist or allow any third party to:
(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute any Paymeabit’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, website;
(b) access or use this Website or any Paymeabit’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on Your own or any third party’s website, platform or other online space or means;
© use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website, the Digital Platform or the Paymeabit’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website, the Dgital Platform or any Paymeabit’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
(d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any of our servers to which You are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
(e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;
(f) breach the protection, security or authentication measures on the Website or on the Digital Platform;
(g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website and/or the Digital Platform, or any other customer, or carry out any similar activity;
(h) exploit or use the Website, the Digital Platform and any Paymeabit’s Content, or any service or information made available or offered by or through the Website or thorugh the Digital Platform for any unlawful purposes or for any purposes not allowed by these Website ToS or solicit the performance of any illegal activity or other activity which infringes the rights of Paymeabit or others;
(i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website or of the Digital Platform, or any systems or networks connected to the Website or to the Digital Platform;
(l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or of the Digital Platform or any transaction being conducted on the Website or on the Digital Platform, or with any other person’s use of the Website.
15 - Indemnification
You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Service, including but not limited to Your violation of this Agreement.
16 - Disputes
This Agreement shall be governed by and construed in accordance with the laws of Italy, without reference to principles of conflict of laws, and the Customer and the Company hereby submit any issues or disputes arising out of or in connection with it to the exclusive jurisdiction of the Italian Court of Cagliari. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
17 - Notices
Any communication to Paymeabit shall be sent via e-mail to email@example.com
Any communication to the Customer shall be sent to the email address specified by the Customer at the registration of his Account.
18 - Changes to the Website ToS
The Company reserves the right, at its sole discretion, to modify or replace any part of this ToS. It is Your responsibility to check this ToS periodically for changes. Your continued use of or access to the Service following the posting of any changes to this ToS constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this ToS save as otherwise specified by the Company.