1) General.
Welcome to the www.bitcoinmarketjournal.com website operated by Media Shower, Inc., a Massachusetts corporation (the “Company”).
These Terms of Service (sometimes referred to herein as the “TOS”) govern your access to and use of the www.bitcoinmarketjournal.com website and any domains and affiliated websites (together, the “Website”), any services provided to you by the Company, and any activities and transactions conducted through the Website, including but not limited to the BMJ Rewards Token Program, (together, the “Services”). Please read these Terms of Service carefully before using the Website and purchasing any Services. Your use of this Website and acquisition of Services may also be subject to various laws and regulations, compliance with which is your responsibility.
By visiting and using the Website (and acquiring Services, if applicable), you are consenting to the following terms and conditions. If you do not agree to any of the following terms or conditions, you should not use the Website or purchase any Services.
Your use of the Website is also governed by our Privacy Policy, which is available here: https://www.bitcoinmarketjournal.com/privacy/
Your use of this Website constitutes your consent to be bound by the terms and conditions of our Privacy Policy.
2) Terms of Service; Updates and Changes.
The Company provides this Website and any Services to you subject to the following terms and conditions. The TOS may be updated by us from time to time without notice. Any such updates will be posted by us, and effective upon posting.
We suggest that from time to time you review the TOS for possible changes. In addition, when acquiring particular Services from the Company, you may also be subject to any posted guidelines or rules applicable to such Services that will be posted on the Website from time to time. All such guidelines and rules are hereby incorporated by reference into these TOS. Services provided through the Website by third parties shall be subject to any terms and conditions imposed by such third parties.
You can review the most current version of the TOS at any time at: https://www.bitcoinmarketjournal.com/terms/
Any update or change is effective immediately upon posting. If any update or change is unacceptable to you, you should immediately terminate your use of the Website and any Services. Your continued use of the Website or Services following modification to the TOS shall be conclusively deemed as acceptance of such modification.
3) The Website; Services.
All articles, information, data and other material provided or otherwise made available pursuant to or viewable on the Website or otherwise, including any other media and intellectual property relating to any Services, is referred to herein as “Content” (which may include Third Party Content, as defined below) and is subject to these TOS, as updated from time to time. Such Content is for informational purposes only and is provided on an AS IS, AS AVAILABLE basis. The Company makes no guarantees or warranties as to the accuracy, completeness, reliability or quality of any Content. Users access and use the Website and all such Content at their own risk. Content may be provided by third parties, the Company makes no guarantees or warranties as to the accuracy, completeness, reliability or quality of any such Third Party Content, and shall not be liable for any errors, omissions or inaccuracies in any such Third Party Content.
The information provided at the Website is neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the United States, and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries or jurisdictions. It is your responsibility to determine whether, how and to what extent your intended use of the Website, Content (including Third Party Content), and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on the Website are solely those of the author(s) of the article and do not reflect the opinions of the Company or its management.
You may acquire Services made available through the Website, including access to customized articles, reports and/or other material provided directly by the Company or via third party providers, which Services shall be subject to these TOS and may also be subject to any posted guidelines or rules applicable to such Services (including those of third parties), as updated from time to time. Your use of and reliance on such Services is entirely at your own risk, and the Company makes no representations or warranties with respect to any such Services except as expressly set forth herein.
Services and Content are only available in those jurisdictions where the Company is authorized or permitted by law to provide, promote and/or sell them. If you fail to provide the necessary information for the Company to provide Services, the Company (i) will not be responsible and (ii) will not be deemed to have failed to meet its obligations under, or otherwise breached, these Terms of Service.
We do not guarantee that access to or use of the Website or Services will be uninterrupted or error free, and the Company shall not be liable for any feature not being accessible or for any unavailability of the Website and Services. The Website and its features may be expanded, limited or modified at any time by the Company to meet the needs of its users, or for technical or other reasons, without advance notice. The Company may also in its sole discretion, at any time, discontinue providing, temporarily or permanently, any or all of the Website or Services, without notice unless expressly required by these TOS. To access some of the Content or features of the Website or Services, Users may need to enhance or update the hardware or software in their computer systems. The Company assumes no responsibility for any failure to access the Website or any Services, partially or fully, whether due to the user’s system, the Internet network or any other cause.
THE COMPANY DOES NOT PROVIDE FINANCIAL, ACCOUNTING, INVESTMENT, TAX, LEGAL OR OTHER SERVICES AND In no event shall the Website, the Services or any Content be deemed financial, accounting, INVESTMENT, tax or legal advice. NEITHER USE OF THE WEBSITE or content NOR THE PROVISION OF SERVICES creates, AND IS NOT INTENDED TO create, ANY PROFESSIONAL RELATIONSHIP BETWEEN THE COMPANY AND ANY USER OF THE WEBSITE OR THE SERVICES, AND IS NOT PROTECTED BY THE ATTORNEY-CLIENT OR OTHER PRIVILEGE. YOUR USE OF THE webSITE, content AND SERVICES IS AT YOUR OWN RISK.
4) Ownership and Licenses.
(a) The Website. The Website itself, and each element of the Website (including without limitation all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions), are the copyrighted works of the Company and are and shall remain the sole and exclusive property of the Company. Unless otherwise specified, neither you nor any other person or entity has any right to copy, display, distribute, republish or create derivative works from the Website or any element in any form.
(b) Content. All Content is owned and copyrighted by, or otherwise licensed to, the Company or its third party content suppliers. You are hereby granted a limited, non-exclusive, revocable and personal license to access, display, download and print portions of the Content solely for your personal and non-commercial use, provided that such Content is not modified and all proprietary marks are kept intact. You may not copy, display, distribute, republish, translate, sell, license, rent, or create derivative works of or from the Content (including Third Party Content).
If you purchase any Services through the Website, such purchase may be subject to specific third-party license rights and limitations applicable to such Services. The Company makes no representations or warranties regarding any Services not provided directly by the Company.
(c) User Content. To the extent we enable you, and you elect, to post any content or materials (including without limitation any questions or comments) (“User Content”) on the Website, you grant the Company a perpetual, worldwide, royalty-free, non-exclusive, fully paid up and fully transferable right and license to display, publish, post, copy, reproduce, distribute, modify and create derivative works from such User Content in any media formats and through any channels. The Company reserves the right to remove or modify any User Content for any reason including without limitation if the Company believes in its sole discretion that the User Content violates these TOS or applicable law, including intellectual property laws.
(d) Third Party Content. All articles, opinions, data, illustrations, information, materials, reports, product or service offerings, and other content made available on or through the Website and owned or controlled by third parties (“Third Party Content”) are solely those of their respective providers and not of the Company, which does not guarantee the accuracy, completeness, reliability or quality of such Third Party Content. It is your responsibility to assess all Third Party Content, and the Company is not liable for your access or use of or reliance on such Third Party Content or any errors, omissions or inaccuracies in any such Third Party Content.
5) Use of Services and Content.
(a) Services and Content Generally. In using the Website and the Services, including any Content, you agree not to take any action, including any action to alter, change or modify the Content in any way, including in any manner that:
(i) is, or renders or is deemed to render such Content, infringing, unlawful, threatening, harassing, harmful, abusive, false, misleading, defamatory, libelous, tortious, obscene, profane, vulgar, pornographic or discriminatory based on gender, race, class, ethnicity, national origin, religion, sexual preference, sexual identity, disability or other classification,
(ii) invades another person’s privacy or violates the Company’s, Privacy Policy.
(iii) furthers the commission or concealment of a crime or gives rise to civil liability or otherwise violates any law;
(iv) results in the Content using or being used to infringe, violate or misappropriate any patent, trademark, trade secret, copyright, or other intellectual property right of a person or entity;
(v) includes in the Content or otherwise any (1) unauthorized and/or unsolicited advertising or promotional material, including all forms of “spam,” junk mail, chain letters, pyramid schemes, or any political campaigning, or (2) software viruses or other computer code designed or likely to interrupt, corrupt, or impair the content or operation of any computer or telecommunications program or device, or surreptitiously intercept or expropriate any system, data, or personal information;
(vi) harms or attempts to harm minors in any way;
(vii) copies, modifies, creates a derivative work from, disassembles, decompiles, reverse engineers or otherwise attempts to discover any source code of, posts, reproduces, or distributes the Website, the Services or any Content (including Third Party Content) except as permitted by these Terms Of Service;
(viii) sells, assigns, rents, leases, licenses, sublicenses or otherwise transfers any rights in the Website, the Services or the Content (including Third Party Content) except as permitted by these Terms Of Service;
(ix) removes or obscures the copyright or other intellectual property notices of others;
(x) interferes with or disrupts the functionality of the Website, the Services, or any servers or networks connected to the Website
(xi) engaging in screen scraping, database scraping or similar activities.
Any action by you that, in the Company’s sole discretion, is in violation of this Section 5 may result in the loss of your right to access the Website and receive Services, and the Company disclaims all liability and responsibility for any such violation. We will fully cooperate with any law enforcement agencies and authorities or any court order requesting or directing the Company to disclose the identity of anyone posting or transmitting any information or otherwise acting in violation of this Section 5.
(b) Third Party Content. You acknowledge that the Website, Content and Services may contain Third Party Content that is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, copy, or in any way exploit any such Third Party Content, in whole or in part, except as expressly permitted. You must maintain and may not alter or obscure any notices contained in the Third Party Content such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the this section or as permitted by the fair use privilege under Section 101 of Title 17 of the United States Code (the “Copyright Act”) or other U.S. copyright laws, you may not upload, post, reproduce, or distribute Third Party Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. Further, you may not distribute, modify, republish or publicly display any of the Third Party Content unless expressly permitted. The Company does not guaranty the accuracy, completeness, reliability or quality of the Third Party Content.
6) Distribution and Alteration of Content and Third-Party Content; Linking.
(a) Content. You are liable for any damage resulting from any infringement, violation or misappropriation of copyrights, or other proprietary or intellectual property rights, with respect to any Content (including Third Party Content) made available to you that is altered, changed or modified by you, or any other party obtaining such Content through you, in violation of these Terms of Services and/or applicable law.
(b) Linking. The Website, Content and Services may include links to other sites that are not maintained or controlled by the Company. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and makes no warranties or representations regarding these sites or their products or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked site or resource.
(c) Export. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and territories and to certain foreign nationals. You agree to abide by these laws – including but not limited to the Export Administration Act, the Arms Export Control Act and their implementing regulations – and not to transfer, by electronic transmission or otherwise, any Content derived from the Services to either a foreign national or a foreign destination without first obtaining any required government authorization. You further agree not to upload data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of your use of the Website and/or acquisition of Services.
7) Access to Website and Services; Access by Children; Sanctions.
(a) Access Generally. You agree that all information provided by you in connection with the use of the Website and acquisition of any Services will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to deny access to the Website, suspend or terminate your account, and refuse any and all current or future provision of the Services, as provided in Section 13. You agree to notify the Company within ten (10) days of any changes in registration or other data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to access the Website and any Services.
(b) Access by Children. You represent and warrant that (i) you are not a minor and (ii) you will not permit the use of the Website by any minor. If the Company receives a complaint that states that a user of the Website is under 13 years of age, the Company will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
(c) As a U.S. company, the Company must comply with U.S. sanctions laws and may not do business with any person or organization subject to U.S. sanctions, whether individually identified or located in a region subject to U.S. sanctions. The people and organizations subject to sanctions are listed on the Office of Foreign Asset Control’s (“OFAC”) Specially Designated Nationals and Blocked Persons List (“SDN List”). The countries and regions subject to absolute U.S. sanctions are currently the Crimea, Cuba, North Korea, Iran, and Syria (the “Sanctioned Countries”), although this is subject to change at any time. The U.S. has made it illegal to deal with people and companies (i) on the SDN List, or (ii) located or organized in Sanctioned Countries, in each case regardless of whether they are sending or receiving funds or other assets (digital or fiat) or services. We will not be able to provide Services to anyone we identify as a U.S. sanctions risk.
8) Privacy Policy.
The Company’s current Privacy Policy is located at https://www.bitcoinmarketjournal.com/privacy/ and is incorporated by reference herein.
Please review this policy. Your use of the Website and Services and our use and disclosure of information provided by you and other users of the Website are governed by the Privacy Policy, as may be amended from time to time. Please note that the Company may be required by law or court order to disclose information you provide or that results from your use of the Website and/or Services to government authorities, law enforcement or to third parties, and you hereby authorize the Company to disclose such information as the Company believes, in its sole discretion, is necessary and appropriate.
Please also be advised that any User Content you provide or transmit to the Website, whether in the form of questions, comments, suggestions, as well as in chat room, forums, message groups and similar formats, will be treated as non-confidential and non-proprietary and may be used by the Company for any purpose and without restriction or obligation to you.
9) Member Account, Password And Security.
In order to acquire Services, you may be required to create an account. In that case, you will receive a password and account designation upon completing the Service’s applicable registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9 or otherwise for any losses or damage resulting from the unauthorized use of your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number stored on the Services), you must immediately notify the Company of the problem in writing.
10) Confidentiality.
Each of you and the Company agrees to treat as confidential and hold in strict confidence all information and materials received or obtained from the other party that are confidential, proprietary or non-public in nature. Each of you and the Company further agrees to use at least the same degree of care to avoid disclosure or dissemination of the other party’s confidential information as such party uses to protect its own confidential materials of a similar nature, but in any event, at least a reasonable degree of care. Neither shall use the confidential information of the other party for its own benefit or the benefit of any third party, or for any purpose other than to effectuate the purposes of the TOS (including the provision of Services), nor disclose to any employee or authorized agent without a business need to know or to any third party without the other party’s prior written consent. Notwithstanding the foregoing, a party shall not be liable for disclosure of confidential information of the other party if the same: (a) is already in the public domain at the time of disclosure; (b) becomes known to the other party from a third-party source under no obligation to maintain confidentiality; (c) becomes publicly available though no fault or failure to act of the receiving party or breach of this TOS; or (d) can be shown by the receiving party’s existing business records to be already known by the receiving party when received or to have been independently developed by the personnel of the receiving party without access to the information provided by the other party. It shall not be a breach of this Section 10 for confidential information to be disclosed to the extent required by a court or other governmental authority (provided that the receiving party has notified the disclosing party of such requirement, to the extent permitted by applicable law, and cooperated with the disclosing party in any attempt to make such disclosure subject to a protective order or confidentiality agreement).
11) Fees; Payments; Refund Policy.
You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. The billing terms shall be posted on the Website and may be modified from time to time. The Company reserves the right to change the amount of, or basis for determining, any fees or charges for Services, and to institute new fees or charges.
You must provide the Company or its designee with valid credit card information or payment via bitcoin when making a purchase. You must promptly notify the Company of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each other individual whom you have authorized to use the Services.
In connection with some subscription options, the Company will automatically renew and charge your account on a periodic basis without further notice to you. Further details concerning renewal procedures are available on the Website.
The Company reserves the right to suspend or terminate your use of the Website and Services without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. Such rights are in addition to and not in lieu of any other rights or remedies, at law or in equity, available to the Company. You agree to pay a late charge on all amounts due but not timely paid and which remain unpaid for thirty (30) days after being billed. The late charge will equal one and one-half percent (1.5%) of the past due amount per month until paid or, if such rate is in excess of the allowable rate, the maximum rate allowed by law. The Company reserves the right to refer your account to a third party for collection in the event of ongoing default, the costs of which shall be your liability.
12) Indemnification.
(a) Indemnification by You. You agree to indemnify and hold the Company, and its parents, subsidiaries and affiliates, and the officers, directors, employees, agents, co-branders or other partners of any of the foregoing, harmless from any damages, losses, costs and expenses (including reasonable attorneys fees) alleged in any claim, action, suit, proceeding or demand due to or arising out of (i) Content (including any Third Party Content) you alter, change or modify, (ii) your use of the Services, (iii) your access or use of the Website, (iv) your violation of any of these TOS, (v) your violation of any rights of another, including any intellectual property rights, (vi) your violation of any applicable law, and (vii) any User Content.
(b) Indemnification by the Company. The Company agrees to (i) defend you against any third party claim, action, suit or proceeding alleging that Services provided directly by the Company infringe, misappropriate or otherwise violate the intellectual property rights of another, and (ii) pay any damages, losses, costs and expenses (including reasonable attorney’s fees) resulting from such claim defended by the Company, including any settlement thereof. The indemnification provided for hereby shall be your sole remedy and the Company’s sole obligation in the event of any claim that any Services provided by the Company infringe, misappropriate or otherwise violate the intellectual property rights of another.
13)Termination.
The Company may terminate your use of the Website and any Services immediately if (i) you breach any of these TOS, (ii) the Company is unable to verify or authenticate any information you provide to the Company, (iii) you fail to pay any amount due to the Company, (iv) you materially breach any other obligation to the Company under any other agreement between you and the Company or any term or provision of the Privacy Policy, (v) your use of the Website or Services is believed by the Company to be in contravention of applicable law, or (vi) you are adjudicated bankrupt, cease to do business as a going concern, make an assignment for the benefit of creditors, permit the appointment of a receiver, or otherwise avail yourself of or become subject to any bankruptcy or insolvency law or statute. The Company can terminate your use of the Website and any Services at any time for any reason by providing ten (10) days’ advance written notice to you.
You can terminate your use of any Services acquired by you hereunder at any time for any reason by providing thirty (30) days’ advance written notice to the Company.
Upon termination, you agree to pay to the Company all outstanding amounts owed for all services provided up to and including the date of termination. The Company will perform all Services ordered and for which payment has been received prior to the effective date of such termination. Upon termination, all obligations of the parties to one another shall cease and no further compensation shall be owing to the Company other than any amounts outstanding as of the date of termination. Notwithstanding the foregoing, Sections 2, 4-6, 8-12, this Section 13 and 14-25 of these TOS shall survive any such termination.
14) Proprietary Rights.
All Content, including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, is copyrighted by, or otherwise licensed to, the Company or its content suppliers. The Company also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content on the Website (the “Collective Work”). All software used on the Website (the “Software”) is the property of the Company or its software vendors and is protected by United States and international copyright and similar laws. Viewing, reading, printing, downloading or otherwise using the Website Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights in, to or under the Website Content, the Collective Work or the Software. You are solely responsible for any damage, loss, cost or expense resulting from your infringement of the Company’s or any third party’s intellectual property rights regarding the Company Marks (as defined below), the Website Content (including Third Party Content), the Collective Work, the Software and/or any other harm incurred by the Company or its affiliates or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, posting, displaying, reproducing, publishing or using the same other than strictly in accordance with the terms and conditions of this TOS and applicable law.
15) Marks.
The trademarks, logos, page headers, graphics, button icons, scripts and product and service marks and names displayed on the Website are the property of Media Shower, Inc. (the “Company Marks”). Without the Company’s prior permission, you agree not to display or use the Company Marks in any manner. You may not use any meta tags or any other “hidden text” using the Company Marks without the express prior written consent of the Company. The Company makes no proprietary claim to any third-party name, trademarks or service marks appearing on the Website, which are and shall remain the property of their respective owners.
16) Copyright Infringement Claims.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on the Website may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed (or, if your claim involves multiple works, a representative list of those works); (b) identification of the allegedly infringing material; (c) information sufficient to permit the Company to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized by the owner, the owner’s agent, or the law; and (e) a statement that the information in the notification is accurate, and (f) a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Such notice must also include contact information for you, including your name, postal address, telephone number and email address and contain your physical or electronic signature. Written notice must be sent to: Bitcoin Market Journal, c/o Media Shower, Inc., ATTN: Copyright Infringement, 745 Atlantic Avenue, Boston, MA 02111.
Anyone who knowingly misrepresents that material or activity is infringing in such a notice may be held liable for any damages and any associated costs incurred by the Company.
17) Warranties; Disclaimer of Warranties; Limitation of Liability.
(a) The Company warrants that Services performed for you directly by the Company, if any, will be performed in a professional and workmanlike manner consistent with industry standards reasonably applicable to the performance of such Services. The Company specifically makes no representation or warranty as to the results that may be obtained from the use of any Services. If you believe that there has been a breach of the warranty set forth in this Section 17(a) by the Company, you must notify the Company in writing within fifteen (15) days of such alleged breach, stating in reasonable detail the nature of the claimed breach. If the Company determines that there has been a breach of the warranty set forth above, then the Company’s sole obligation, and your exclusive remedy, will be for the Company to promptly correct or re-perform the affected Services, and there will be no additional charge to you for the investigation and correction efforts performed by the Company pursuant to this Section 17(a).
(b) THE FOREGOING WARRANTY IS THE ONLY WARRANTY PROVIDED BY THE COMPANY AND IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE, THE CONTENT, AND ANY SERVICES PROVIDED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY THE COMPANY. NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL SERVICES OR ADVICE, WHETHER FINANCIAL, ACCOUNTING, INVESTMENT, TAX, LEGAL OR OTHERWISE.
(c) YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR (1) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, DIRECT OR INDIRECT, OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT, NEGILGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE WESBITE, THE SERVICES OR ANY CONTENT, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY DAMAGES IN EXCESS OF THE COMPENSATION RECEIVED BY THE COMPANY FROM YOU UNDER THIS AGREEMENT IN THE 6 MONTHS PRECEDING THE COMPANY’S RECEIPT OF NOTICE OF SUCH DAMAGES (OR FOR SUCH SHORTER PERIOD AS THE COMPANY HAS BEEN PERFORMING UNDER THIS AGREEMENT FOR YOU). IN NO EVENT SHALL THE COMPANY BE LIABLE IN ANY RESPECT FOR ANY DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO, OR ALTERATION OR MODIFICATION OF, ANY SERVICES OR CONTENT, OR ANY THIRD-PARTY CONTENT, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE SERVICES OR THE CONTENT OR ANY THIRD-PARTY CONTENT.
(d) Please note that some jurisdictions do not allow the disclaimer of implied warranties, so some of the above disclaimer and exclusions may not apply to you. If you are in such a jurisdiction, you agree that the maximum liability due from the Company to you for all damages, losses, liabilities, and claims of any nature shall be limited to the amount of money you paid to access/use the Website and obtain any Services (if permitted), or otherwise limited to the greatest extent permitted by law.
18) Notice.
Except as required by law, notices to you may be made via either email or as otherwise requested by you upon your registration. The Company may also provide notices of changes to these TOS, any Services or other matters by displaying notices or links to notices to you on the Website. Notice will be deemed given when the email is sent, unless the sending party receives notice that the address is invalid, or when the notice is provided on the Website. You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
19) Consent to Receive Certain Communications
From time to time we would like to make certain commercial offers available to you. As such, IF you provide your phone number and/or email address to us via the Website or otherwise, you are consenting to receive telemarketing calls, texts and/or emails from us and our affiliates and the third parties with which we do business (which we will identify) at the phone number(s) and/or email address(es) provided. Telephone calls and texts may be made to any telephone number you provide, including your mobile telephone number, and may be made via an automated dialing system and/or contain pre-recorded messages, all in accordance with applicable law. If you provide a phone number and/or email address to us, you expressly acknowledge and agree that such phone number and/or email may be used for the purpose of initiating telemarketing calls, texts and e-mail messages. In no event shall you ever be required to provide such consent as a condition to purchasing any product or service.
We may also share your contact information with our affiliates and third party service providers, such as customer support and billing (if applicable), with which we have contracted to assist us in performing our obligations and enforcing our rights under these Terms Of Service, our policies (including the Privacy Policy), applicable law or any other agreement you may have with the Company.
A list of third parties that may contact you in the event you provide a telephone number or email address can be found at the end of the Privacy Policy, which is updated regularly.
If you wish to unsubscribe from emails from the Company or our business partners, please contact us at: https://www.bitcoinmarketjournal.com/contact/
If you wish to unsubscribe from all communications, please contact us at: https://www.bitcoinmarketjournal.com/contact/
Please note that even if you unsubscribe, we may contact you to provide notices with respect to your account, troubleshoot problems, resolve disputes, or otherwise as necessary to service your account or enforce these Terms Of Service, our policies (including the Privacy Policy), applicable law or any other agreement you may have with the Company.
20) Relationship.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service between you and the Company.
NEITHER USE OF THE WEBSITE or content NOR THE PROVISION OF SERVICES creates, AND IS NOT INTENDED TO create, ANY PROFESSIONAL RELATIONSHIP BETWEEN THE COMPANY AND ANY USER OF THE WEBSITE OR THE SERVICES, AND IS NOT PROTECTED BY THE ATTORNEY-CLIENT OR OTHER PRIVILEGE.
21) Assignment.
You may not transfer your rights under these Terms Of Service. The Company may assign all rights and liabilities to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, these Terms of Service will inure to the benefit of and be binding upon the successors and permitted assignees of the parties.
22) Severability.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced.
23) Headings.
Headings and captions of the section and paragraphs are for reference purposes only.
24) Governing Law; Jurisdiction; Arbitration.
Except with respect to those disputes that shall be resolved through arbitration as described below, these Terms Of Service and use of the Website shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions, except where preempted by federal law. You consent to submit to jurisdiction and venue in the state and federal courts located in the County of Middlesex, Commonwealth of Massachusetts and further agree that any cause of action you may bring arising under your use of the Website or the Services will be brought by you exclusively in a state or federal court located in Middlesex County in the Commonwealth of Massachusetts.
Any controversy or claim arising out of or relating to our Services, the Website, or these TOS (“Arbitral Claims”) or the breach thereof, shall be settled on an individual, non-representative basis in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its consumer-related Arbitration Rules (available from AAA on its website at www.adr.org), as modified by these TOS or in accordance with rules on which we may mutually agree.
There shall be a single, neutral arbitrator, who shall be an attorney or retired judge of the superior court, and the arbitrator shall render a reasoned award in writing. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Such arbitration will be conducted in Middlesex County Massachusetts. The prevailing party in any such arbitration, or action to compel arbitration, shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
The Website is controlled, operated and intended for use solely within the United States of America. We do not represent or warrant that the Website, the Services, any Content, or any use of the Website or any such Services or Content are appropriate or lawful for use outside of the United States of America. Use of the Website, Services and Content is void where prohibited.
25) JURY TRIAL WAIVER:
EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR DISPUTES, CLAIMS, OR LEGAL PROCEEDING OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF THE WEBSITE OR THE SERVICE BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE PARTIES.
26) General Provisions.
By using the Website and any Services, you represent and warrant that you have the capacity to be bound by and can form legally binding contracts under applicable law or, if you are acting on behalf of a company or other entity, that you have the authority to bind such company or entity. These Terms Of Service, and the Privacy Policy, set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof and thereof.
Updated October 15, 2022
