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© 2012-2014 Coinapult.com | All rights reserved
Privacy Policy | Terms | Help 1-800-888-9484

Terms of Use

Please review the terms described herein carefully. Your use of Coinapult.com is contingent on your acceptance of these terms and all the terms and policies incorporated herein. You cannot use Coinapult.com if you do not agree to these terms, and your use and participation means you agree and accept these terms and conditions. These terms are void where prohibited by law, and the right to access and use Coinapult.com is revoked in any such jurisdiction.

These terms of use (the “Terms”) apply solely to your access to, and use of, Coinapult Limited’s (herein "Coinapult”) Coinapult.com website, applications and/or services offered by Coinapult as part of the Coinapult.com experience (the “Services”). You hereby represent and warrant that you are able to accept these Terms.

Coinapult reserves the right to change or modify these Terms or any policy or guideline of the Services at any time and in its sole discretion. You hereby waive any right you may have to receive specific notice of changes or modifications to the Terms. Therefore, you should periodically review these Terms and all applicable policies as any changes or modifications will be effective immediately once they have been posted online at [WWW ADDRESS OF & LINK TO TERMS]. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of those changes or modifications or if you do not agree to the changes or modifications, you must stop using the Services.

THE SERVICE

The Coinapult.com website allows users to send and receive bitcoins to and from e-mail addresses and mobile phone numbers inputted by the users. To send bitcoins via the Coinapult.com website, a user accesses the Coinapult.com website and, without registering for an account, types in an e-mail address or phone number, enters an optional message, and sends bitcoins from their own wallet to the e-mail address or phone number they enter. The recipient need not have a Coinapult.com account nor a bitcoin address at the time user sends the bitcoins. The recipient will then receive the message with a link to recover the funds sent and will then have to create a bitcoin address to claim the bitcoins sent.

The Service also allows users to keep a balance on their own SMS wallet and to send bitcoins to e-mail addresses, mobile phone numbers, and bitcoin addresses via text and SMS messages. To do so, users send a text or SMS command to a SMS wallet phone number identified on the Coinapult.com website.

USE OF THE SERVICES AND CONTENT

Eligibility to Use the Services

You must be 18 years or older to access or make use of the Services. The Services are not targeted to, or intended to be used by, anyone under the age of 18.

To use the Services you must comply with these Terms. You are responsible for maintaining the security of your bitcoin wallet and any device that you utilize in connection with the Services, and ensuring that no unauthorized person has access to your bitcoin wallet or any device that you utilize in connection with the Services.

If you have previously been prohibited from using the Services than you may not access or use the Services, and by using the Services you represent and warrant that you haven’t been previously prohibited from using the Services.

Privacy

Your privacy is important to us. Please carefully review our privacy policy at [LINK TO PRIVACY POLICY]. Our privacy policy details the way we collect, use and disclose information about you.

Termination

Notwithstanding any of these Terms, Coinapult reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and block or prevent your future access to, and use of, the Services. You may terminate your license to the Services by sending notice to Coinapult at mail@coinapult.com with the subject line “Termination”.

Copyright and Limited License

Unless otherwise indicated, the Services and all content and other materials in the Services, including, without limitation, any Coinapult logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Coinapult Content”) are the proprietary property of Coinapult or its sponsors, or licensors and are protected by U.S. and international copyright and/or other intellectual property laws.

Subject to these Terms, Coinapult grants you a limited, non-exclusive, non-sublicensable and fully revocable license ("Coinapult License”) to access and use the Services during the time that you are in compliance with these Terms.

Use of the Services

Your use of the Services shall be for non-commercial purposes, which means you shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer any license associated with the Services, Coinapult, or the Coinapult.com website to anyone without Coinapult’s written permission. You hereby represent and warrant that you have not and will not access or use any license that has been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred without Coinapult’s consent.

In addition, you shall not:

  1. Use, or attempt to use, the Services to harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group.
  2. Post any abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive content or information or any content or information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  3. Inappropriately solicit or attempt to solicit personal information from other users of the Services, nor shall you harvest or share anyone’s private information, including personally identifiable or financial information in or through the use of the Services.
  4. Advertise, spam or distribute any malware, spyware or other malicious content in or through the Services
  5. Engage in any illegal conduct or intentionally or unintentionally violate, or promote the violation of, any applicable laws or regulations.
  6. Disrupt or overburden any computer or server used by or in the Services, become involved in any type of attack (including but not limited to distribution of a virus, denial of service attacks), nor in any other way attempt to disrupt the Services or any other user’s use or enjoyment of the Services.
  7. Disrupt the Services in any manner (including but not limited to using cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services or overall experience). Cheating includes, without limitation, any automated use of the Services or circumventing or modifying any security, technology or device that is part of the Services.
  8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Services.
  9. Attempt to gain unauthorized access to the Services, user accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the Services’ user interface.

Content Ownership

Coinapult owns ALL content generated by you. You agree that you do not own any data Coinapult or its partners store on their servers (including without limitation any data representing or embodying any or all of the Coinapult Content or content submitted by you).

User Content

Each user is responsible for any content or information they post or transmit in the Services and Coinapult assumes no responsibility for the conduct of any user submitting any content or for the information transmitted by any user. You shall not make available in the Services any material or information that violates any law, rule, or regulation, or infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or impersonates any other person.

Coinapult assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct, and has no obligation to monitor user content. To the extent Coinapult becomes aware of any user content it shall have the right, in its sole discretion, to edit, refuse to transmit, or remove any user content. As you use the Services, Coinapult may monitor and/or record your use of the Services and/or communications while you are using the Services and you hereby provide your irrevocable consent to such monitoring and recording.

User Submissions

The Services may provide you and other users the opportunity to submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about the Services (the “Submissions”). Submissions, however they are transmitted, are non-confidential as between you and Coinapult and shall become the sole property of Coinapult upon receipt. Coinapult shall own, and you hereby assign to Coinapult, all right, title, and interest, including all intellectual property rights, in and to such Submissions, and Coinapult shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Coinapult (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Coinapult of such Submissions.

Third Party Content or Advertising

Coinapult may, from time-to-time provide third party content in the Services and may provide, as a service, links to web pages and content of third parties (“Third Party Content”). Coinapult does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by Coinapult, Coinapult does not endorse or adopt, and is not responsible or liable for, any Third Party Content. Coinapult does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. Coinapult undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.

Dispute Resolution

User Disputes

You are solely responsible for your interactions in the Services with other users and any other parties with whom you interact through the Services and/or Coinapult services. Coinapult reserves the right, but has no obligation, to become involved in any way with these disputes.

As a condition of using the Services, you release Coinapult (and Coinapult’s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more user of the Services.

Choice of Law, Venue and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New York, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and Coinapult related to these Terms, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York County, New York. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.

Binding Arbitration

Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Coinapult may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York necessary to protect the rights or property of you or Coinapult pending the completion of arbitration.

Equitable Relief

You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, Coinapult shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any Coinapult Content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages.

Indemnification

You agree to defend, indemnify and hold harmless Coinapult, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related (a) your use of the Services, (b) any user content or Submission you post, store or otherwise transmit on or through the Services, (c) your violation of these Terms and/or any other Coinapult terms, policies, or agreements, (d) your violation of any other persons rights, or (e) your conduct in connection with the Services.

Digital Millennium Copyright Act (“DMCA”)

Our policy is to respond to notices of alleged infringement that comply with the DMCA. Copyright infringing materials found within the Services can be identified and removed via Coinapult’s DMCA compliance process posted at [LINK TO DMCA POLICY], and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

Disclaimer of Warranties, Limitation of Damages and Release and Indemnity

You agree that the provisions of this section will survive any termination of your account or of the Services.

THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY Coinapult ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Coinapult DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Coinapult BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Coinapult, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Coinapult FOR ACCESS TO OR USE OF THE SERVICES.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST Coinapult ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, Coinapult, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.

Miscellaneous

Force Majeure

Coinapult shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Severability

In the event any provision of these Terms are declared to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the intention of the parties.

Waiver and Conflict

The failure of Coinapult to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to the Services, if there is ever a conflict between these Terms and any other terms or policies these Terms will control.

INTRODUCTION

PURPOSE OF POLICY

This Policy describes how Coinapult (“us”, “we”, “our” or "Coinapult") collects, uses and discloses personal information from you when you visit and use the Coinapult.com website (the “Site”) and Coinapult application (collectively the “Services”). This Policy is only applicable to the Site and Services, and not to any other websites that you may be able to access from the Site or Services, each of which may have data collection and use practices and policies that differ materially from this Policy.

NOTICE CONCERNING CHILDREN

PLEASE NOTE: Our Site and Services are operated for an adult audience only, and we require users to be at least 18 years of age. We do not intend for anyone under the age of 18 to use any of the features or services we offer from the Site and/or Services, and we certainly do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online.

INFORMATION COLLECTION PRACTICES

INFORMATION YOU PROVIDE

In operating the Site and Services, we will collect personal information that you provide to us. For example, that may include registration, online surveys, and other online forms that ask users to provide their names, email addresses, other contact information, optional demographic information, financial account information, and feedback.

INFORMATION COLLECTED AUTOMATICALLY

When you visit or make use of the Site and/or Services, we may collect some information about you automatically. For example, our servers automatically recognize visitors’ domain names and Internet protocol addresses ("IP addresses") (the number assigned to computers on the Internet). The Site may also gather “traffic data” that may be helpful for marketing purposes or for improving the services we offer.

COOKIES. We may use “cookies” (a small piece of data stored on your computer’s hard drive). Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience on the Site and/or Services may be diminished and some features may not work as they were intended.

WEB BEACONS AND TRACKING PIXELS. We may use “web beacons” that will allow us to know if you’ve visited a certain page or opened an e-mail we’ve sent you. We may also use tracking pixels to allow us to show you better and more relevant advertising both on the Site and/or Services and when you visit other websites.

USE AND SHARING OF INFORMATION

WHAT DOES COINAPULT DO WITH COLLECTED INFORMATION?

PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to: (a) provide you with the services offered by us; (b) with third-party vendors, consultants and service providers who need access to this data to carry out their work for us; (c) to protect the rights or property of Coinapult; (d) in an emergency to protect the personal safety of our employees, customers or any other person; (e) to the extent required during the negotiation of a merger, sale, financing or acquisition; or (f) to comply with the law. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site and/or Services. We may also use your contact information to inform you of any changes to the Site and/or Services, or to send you additional information about us. If you provide your permission during the account registration process, we may share your contact information with our business partners or other companies so that they may send you promotional materials.

ANONYMOUS INFORMATION. We use anonymous information to analyze traffic on our Site and/or Services, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.

USE OF COOKIES. We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, or for other purposes. Promotions or advertisements displayed on our site may contain cookies. We do not have access to or control over information collected by outside advertisers on our site.

SOCIAL NETWORK SHARING. Some of the features of the Site and/or Services are social by design and allow you to publicly share information about yourself and your activities such as your level of activity and participation with the Site and/or Services; recognition and items earned or received as a from other Site and/or Services users; and comments, posts and invitations to people within your social network. We will also share some of your information with social networks you are a member of or on which the Site is hosted on and we are not responsible for their use of your information. You should review the applicable privacy policies for these third-party social network providers.

SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through this Site and/or Services. If Coinapult, or substantially all of its assets, is acquired, customer information will be one of the assets transferred to the acquirer.

SECURITY

We take reasonable measures in an effort to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we will have no liability to you or to any third party arising out of any such loss, misuse or alteration. We may store and process personal information in the United States and other countries.

WEBSITE AREAS BEYOND COINAPULT’S CONTROL

PUBLIC FORUMS

The Site and/or Services may include interactive forums such as blogs, comments on blogs, message boards and chat rooms. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

THIRD-PARTY WEBSITES

The Site and/or Services may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

CONTACT INFORMATION AND POLICY UPDATES

CONTACTING US

If you have any questions about this Policy, our practices related to the Site and/or Services, or if you would like to have us remove your information from our database, where possible, please feel contact us at mail@coinapult.com with subject line “Privacy Policy”.

UPDATES AND CHANGES

We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and/or Services and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site and/or Services. If any changes are made to this Privacy Policy we will reflect the “Last Revised” date above. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.