Terms of Use

BITGATE TERMS OF USE

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and BitGate AS (“we,” “us” or “our”). These Terms govern your access and use of our Services. “Services” refers individually and collectively to the BitGate websites, BitGate platforms, APIs, mobile applications (each, an “App”), and any software services provided by BitGate, as well as all written or electronic materials including software, data, text, audio, video, images, photos, graphics, or other content (“Content”).

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the Services and you must discontinue use immediately.

 

We will notify you of amendments to these Terms by either: (a) posting the revised terms on our website; (b) sending you an email notification to the email address that you provided to us as part of your account registration or a notification via SMS or other messaging service; or (c) presenting the revised Terms to you when you log into the Services. It is your responsibility to provide and update your external email address, check for such notices, and make sure our notices have not been trapped by your spam filter. It is your responsibility to periodically revisit these Terms as posted on our website. 

 

Such updated Terms will become effective the earlier of: (a) when you accept it online or offline, (b) twenty (20) days after we post or email the update, in which case your continued use of any of the Services or failure to cancel your account will indicate your acceptance of the amendment.

 

The information provided on the websites or apps is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Kingdom of Norway, foreign jurisdictions, and international conventions. 

 

The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.

 

USER REPRESENTATIONS

 

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

 

PROHIBITED ACTIVITIES

 

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  1.  
  2. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  3.  
  4. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  5.  
  6. Use the Services to advertise or offer to sell goods and services.
  7. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  8.  
  9. Engage in unauthorized framing of or linking to the Services.
  10.  
  11. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  12.  
  13. Make improper use of our support services or submit false reports of abuse or misconduct.
  14. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  15. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  16.  
  17. Attempt to impersonate another user or person or use the username of another user.
  18. Sell or otherwise transfer your profile.
  19.  
  20. Use any information obtained from the Services in order to harass, abuse, or harm another person.
  21.  
  22. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  23.  
  24. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  25.  
  26. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  27.  
  28. Delete the copyright or other proprietary rights notice from any Content.
  29. Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  30.  
  31. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  32.  
  33. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  34.  
  35. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  36.  
  37. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
  38.  
  39. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  40. Use the Services in a manner inconsistent with any applicable laws or regulations.
  41.  

USER GENERATED CONTRIBUTIONS 

 

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2.  
  3. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms of Use.
  4. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms of Use.
  5.  
  6. Your Contributions are not false, inaccurate, or misleading.
  7.  
  8. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  9.  
  10. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  11.  
  12. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  13. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  14.  
  15. Your Contributions do not violate any applicable law, regulation, or rule.
  16.  
  17. Your Contributions do not violate the privacy or publicity rights of any third party.
  18.  
  19. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  20.  
  21. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  22.  
  23. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  24.  
  25. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services.

 

 

CONTRIBUTION LICENSE

 

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. 

 

You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Services; and (3) to pre-screen or delete any Contributions at a