Terms

By accessing our CoinPath Pty Ltd servers, websites, or content therefrom (together, “CoinPath”), you agree to these Terms of Use (“TOU”), our Disclaimer, and Privacy Policy. You must be at least 18 years of age to use our website; by using our website or agreeing to these Terms of Use, you warrant and represent to us that you are at least 18 years of age. Our website uses cookies; by using our website or agreeing to these Terms of Use, you consent to our use of cookies.

License

We grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access CoinPath in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from CoinPath, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

Use

You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with CoinPath, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).

Moderation

You agree we may moderate CoinPath access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, are incorporated herein.

Content license

In these Terms of Use, "content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.

You grant to us the right to sub-license the rights. You grant to us the right to bring an action for infringement of the rights licensed.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

You may edit your content to the extent permitted using the editing functionality made available on our website.

Without prejudice to our other rights under these Terms of Use, if you breach any provision of these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may delete, un-publish or edit any or all of your content.

Content rules

You warrant and represent that your content will comply with these Terms of Use.

Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these Terms of Use, must not:

  1. be libelous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence in an explicit, graphic or gratuitous manner;
  13. be pornographic;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  18. cause annoyance, inconvenience or needless anxiety to any person.

Sales / Selling / Buying

You authorize us to charge your account for any and all fees relating to CoinPath Premium account subscription. Unless noted, fees are in US dollars; tax (GST) is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove.

You agree to be bound by the laws of your country of residence when buying or selling in the CoinPath Marketplace. Trading of goods that are illegal in the seller's or buyer's country is forbidden.

Disclaimer

MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to CoinPath, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and CoinPath is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your CoinPath use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“COINPATH ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) COINPATH ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

Claims

You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your CoinPath use is governed by South Australia (“SA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Mount Gambier, SA Australia (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against CoinPath Entities; (6) (except government agencies) to indemnify CoinPath Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your CoinPath use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

Misc

Users complying with prior written licenses may access CoinPath thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.

 

(Updated on January 3rd, 2018)