Terms of Service

Last Revised: August 28, 2013

BitWall Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING BITWALL AND ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE BITWALL, OUR APPLICATIONS, WIDGET OR ANY SERVICES PROVIDED BY US.

 

These terms of service (“Terms”) apply to your access and use of BitWall to make or process purchases through its payment platform (“BitWall”, “we”, “our” or “us”), including any coding that may be added to websites in the form of widgets, any services related to the functionality of the widgets or code, or anything else related to the processing of payments through BitWall’s platform (the “Services”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with BitWall for the Services. If you are using BitWall and the Services on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and BitWall for violations of the Terms.

 

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.

 

If you have any questions regarding the use of the Services, please email us at admin@bitwall.io.

 

Privacy Policy

 

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information about you.

 

Services

 

BitWall helps you make and process purchases over the Internet. BitWall is an independent contractor for all purposes, and is not your agent or trustee. BitWall does not have control of, or liability for, the products or services that are paid for with the BitWall Services. We do not guarantee the identity of any User or Merchant (defined below), nor does BitWall ensure that a User or Merchant will complete a transaction.

 

Registration Data & Other Information Provided by You

 

You agree to:

You represent and warrant that all Registration Data is accurate, current and complete.

 

Payment Processing

 

Bitcoin allows sellers (“Merchants”) to process payments from purchasers (“Users”) through a Merchant website, either for items sold directly by Merchants or by third parties sold through a Merchant website, including but not limited to digital content (“Merchant’s Goods”). BitWall makes no claim or representation regarding, and accepts no responsibility for, the quality, nature or reliability, intellectual property rights of the Merchant’s Goods that are sold or purchased through BitWall or websites linking to BitWall.

 

Accounts

 

In order to take advantage of BitWall, you may be asked to create an account (your “Account”), and provide account credentials or login information, or otherwise allow BitWall to access your third party account (e.g. Coinbase). If you choose to provide BitWall with your credentials or login information to a third party account, or allow BitWall to access a third party account in any way, the information that BitWall will have access to will be dictated by the third party. You represent and warrant that you are entitled to disclose your third party account credentials to BitWall, disclose your login information to BitWall, or grant BitWall access to your third party account (including, but not limited to, 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 BitWall to pay any fees or making BitWall subject to any usage limitations imposed by such service providers. By granting BitWall access to any third party accounts, you understand that: (a) BitWall will access, make available and store (if applicable) any content that you have provided to and stored in your third party account so that it is available on and through BitWall via your BitWall account; and (b) BitWall may submit and receive additional information to your third party account to the extent you are notified when you link your BitWall account with such third party account.

 

Tax

 

Merchants who receive payments through the Services agree that they, and not BitWall, are solely responsible for determining and paying any applicable tax for those payments.

 

Account Settings

 

If you want to change or update your settings, you can do so through your Settings on the BitWall website. For some third parties, the only way to actually revoke BitWall’s access to your account is for you to remove BitWall’s authorization through the third party directly. You acknowledge that in some instances you are personally responsible for revoking BitWall’s access to your credentials with a third party.

Restricted Activities

In connection with your use of BitWall and the Services, you agree that you will not:

  1. Breach this Agreement or the Privacy Policy;
  2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
  3. Infringe BitWall's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  4. Sell counterfeit goods;
  5. Act in a manner that is defamatory, trade libelous, threatening or harassing;
  6. Provide false, inaccurate or misleading information;
  7. Send or receive what we reasonably believe to be potentially fraudulent funds;
  8. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  9. Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both BitWall and the Merchant;
  10. Control an account that is linked to another account that has engaged in any of these Restricted Activities;
  11. Conduct your business or use the BitWall Services in a manner that results in complaints, disputes, claims, fees, fines, penalties or other liability to BitWall, other Users, third parties or you;
  12. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the BitWall Services;
  13. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
  14. Circumvent any BitWall policy or determinations about your Account such as temporary or indefinite suspensions or other Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional BitWall Account(s) when an Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional BitWall Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone elses BitWall Account;
  15. Harass our employees, agents, or other users.

Actions by BitWall in Response to Restricted Activities

If BitWall, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect BitWall, other third parties, or you from liability. The actions we may take include but are not limited to the following: 

  1. We may close, suspend, or limit your access to your Account or the BitWall Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information).
  2. We may contact Users who have purchased goods or services from you, contact Coinbase, and/or warn other Users, law enforcement, or impacted third parties of your actions; 
  3. We may update inaccurate Information you provided us; 
  4. We may refuse to provide the BitWall Services to you in the future; 
  5. We may take legal action against you; and 
  6. BitWall, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the BitWall Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in your Balance. 

Returns and Merchant Liability

For disputes or concerns about content purchased through BitWall, you can contact BitWall at admin@bitwall.io, and BitWall will forward any complaints to the Merchant. Merchants are responsible for resolving any and all disputes and concerns about content purchased through BitWall.

Merchants are liable for all liability incurred by BitWall, a User, or a third party caused by or arising out of a Merchant’s breach of this Agreement, and/or the use of the BitWall Services. Merchants agree to reimburse BitWall, a User, or a third party for any and all such liability.

Volatility of Bitcoin

You acknowledge that the price for Bitcoins is volatile and that the value of Bitcoins will fluctuate. You agree that it is your responsibility to monitor the price of Bitcoins.

Notifications and Alerts

BitWall may periodically provide notifications or alerts regarding BitWall’s Services. You can set your preferences for how you wish to be contacted for various notifications and alerts through your Account Settings on BitWall’s website. You are solely responsible for ensuring that the contact information you provide to BitWall is up-to-date and accurate.

 

Advertisements and Promotions; Third Party Products and Services

BitWall may run advertisements and promotions from third parties via the Services or may otherwise provide information about or links to third party products or services through its Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. BitWall is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-BitWall advertisers or third party information accessible via the Services.

 

Trademarks

The BitWall name, logos and slogans contained are trademarks of BitWall and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BitWall or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “BitWall” or any other name, trademark or product or service name of BitWall without our prior written permission. In addition, the look and feel of the Widget and the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BitWall and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

Copyright and Limited License

Unless otherwise indicated, the Services and all content and other materials made available via the Services, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof are the proprietary property of BitWall or our licensors or users and are protected by U.S. and international copyright laws.

 

If you are using BitWall software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then BitWall grants you a revocable, non-exclusive, non-transferable license to use BitWall's software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all BitWall documentation accompanying the BitWall Services. If you do not comply with BitWall’s implementation and use requirements you will be liable for all resulting damages suffered by you, BitWall and third parties. BitWall may change or discontinue any APIs upon notice to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software. You acknowledge that all rights, title and interest to BitWall’s software are owned by BitWall. Any third party software application you use on the BitWall website is subject to the license you agreed to with the third party that provides you with this software. BitWall does not own, control, nor have any responsibility or liability for any third party software application you elect to use on the BitWall website and/or in connection with the BitWall Services. If you are using the BitWall Services on the BitWall website, or other website or platform hosted by BitWall, or a third party, and are not downloading BitWall’s software or using third party software applications on the BitWall website, then this section does not apply to your use of the hosted BitWall Services.

 

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Services; or (ii) your violation of the Terms or your violation of the rights of any third party.

 

Disclaimer

THE BITWALL SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BITWALL, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF BITWALL, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BitWall does not have any control over the products or services that are paid for or purchased through Services and BitWall cannot ensure that a Merchant or a User that you are dealing with will actually complete the transaction or is authorized to do so. BitWall does not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

Limitation of Liability

IN NO EVENT WILL BITWALL, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE WIDGET, THE PRODUCTS OR SERVICES SOLD THROUGH THE WIDGET, ANY HYPERLINKS AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BITWALL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BITWALL'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BITWALL, 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 WIDGET, THE SERVICER, THE THIRD PARTY CONTENT, ANY HYPERLINKS AND/OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BITWALL FOR ACCESS TO OR USE OF BITWALL OR THE SERVICES.

 

QR Code and Public Address on Widget

THE QR CODE AND PUBLIC ADDRESS ON THE BITWALL WIDGET IS GENERATED BY COINBASE. BITWALL DISCLAIMS ALL LIABILITY ARISING FROM YOUR SCANNING THIS CODE AND MAKING THIS PURCHASE. IN ADDITION, BY SCANNING THIS CODE, YOU AGREE THAT THIS PURCHASE IS COVERED BY BITWALL’S TERMS OF SERVICE AND PRIVACY POLICY.

 

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, BitWall has adopted a policy of terminating, in appropriate circumstances and at BitWall's sole discretion, subscribers or account holders who are deemed to be repeat infringers. BitWall may also at its sole discretion limit access to the Widget and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Severability

The provisions of the Terms, including the provisions of BitWall’s Privacy Policy, are severable. In the event that a provision is found to be illegal, unenforceable or invalid by an arbitrator or court of competent jurisdiction, it will not affect the legality, enforceability or validity of the remaining provisions of the Terms.

 

Copyright Complaints

If you believe that any material being sold through BitWall infringes upon any copyright which you own or control, or that any link on the Widget directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

 

BitWall Inc.

admin@bitwall.io

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

Applicable Law and Venue

The Terms and your use of BitWall will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms will be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms.

 

Termination

We have the right, without notice and in our sole discretion, to terminate your license to use the Widget, and to block or prevent your future access to and use of the Services.

 

Questions & Contact Information

Questions or comments about BitWall may be directed to us at the email address admin@bitwall.io.