Updated March 25, 2019
We reserve the right to change these Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically to familiarize yourself with any modifications. Your continued use of our Services or this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If we make any substantial changes to the Terms of Service, we will post a notice on our home page along with a copy of the previous changes along with any substantial changes we made on this page.
The Services are intended for a general audience, and children and minors under the age of eighteen (18) are not permitted to access or use the Resources, absent express consent from their parents or guardians. We do not intentionally solicit or collect personal information from anyone under the age of 18. If you believe that we might have any information from or about a minor under age 18, please contact us at: [email protected] and we will remove it. If you are a parent or guardian who approves of your minor's use of the Services, please contact us and provide to us the age and email address of your minor on whose behalf you are contacting us.
In order to access our Customer Support, please contact us at: [email protected]
Third Party Sites. The Website and the Services may contain links to third party sites or resources that are not owned or controlled by CoinUp. CoinUp has no control over, and assumes no responsibility for the content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the policies of those third parties where applicable. By using the Website and the Services, you expressly relieve CoinUp from any and all liability (direct or indirect) arising from your use of any share functionality or third-party site or resource accessed from the Website or the Services. We encourage you to ask questions before you disclose your personal information to anyone. We reserve the right to change, modify or delete links to third party websites without notice.
Partners. CoinUp and/or its affiliated partners/associations/organizations which participate in the growth of the Services may present advertisements or promotional materials on or through the Website. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that CoinUp is not responsible or liable for any loss or damage of any sort (direct or indirect) incurred as the result of any such dealings or as the result of the presence of such third party materials on the Website or made available through the Website. 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 CoinUp.
Interruptions. You acknowledge that: (i) your access to and use of the Website and the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Website or other event that we determine, in our sole discretion, that a risk to the applicable Service, to you or to any of our other users may be created if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions").
No Liability. CoinUp shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
Notice of Interruption. To the extent we are able, we will endeavor to post updates on the Website regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
Surviving Obligations. All provisions of the Terms of Service which by their nature should survive expiration or termination shall survive the expiration or termination of the Terms of Service, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to CoinUp, including without limitation any indemnification obligations contained herein.
Grant of License. CoinUp grants you a non-exclusive, non-transferable, worldwide, revocable license to access and use of the Website and the Services in accordance with the terms set forth in the Terms of Service. The Website and the Services are made available to you for your non-commercial use only. You need to obtain our permission if you want (i) to sell, distribute, license or in any other way exploit, in whole or in part, the Services (including by way of a bundle with other products and/or services) or any information or software associated with them or (ii) to modify or create derivative works from the Website in whole or in part.
Reservation of Rights. CoinUp reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void.
Trademarks and Copyright. The following are trademarks (registered or not) of CoinUp: "CoinUp", as well as certain other CoinUp trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Website and the provision of Services. The Website may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners' websites (collectively, the "Other Trademarks").
Copyright. All content displayed on the Website as well as all the software (including any source code) used in connection with the Services is the exclusive property of CoinUp or third parties and is protected by copyright laws.
No License. Nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website and the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of CoinUp or owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Website.
Feedback. If you choose to communicate suggestions for improvements to the Website or the Services (collectively, "Feedback"), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) CoinUp is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) CoinUp shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) CoinUp may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from CoinUp under any circumstances.
All content and materials available on CoinUp, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of CoinUp, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by CoinUp.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This Agreement shall be interpreted and enforced in all respects under the laws of Hong-Kong, as applicable to contracts to be performed entirely within the Hong-Kong. Any litigation arising out of this Agreement will be brought solely and exclusively in the state or federal courts located in the Hong-Kong, and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
UNLESS OTHERWISE EXPRESSED, CoinUp EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
These Terms of Service along with any another notices, policies, procedures, and terms and conditions on our Site contain the entire understanding with respect to your use of our Site and our Services. You and we are independent contractors and nothing in these Terms of Service creates a partnership, joint venture, employment, or agency relationship. You may not assign these Terms of Service or any rights or obligations herein without our prior written consent and any such assignment or attempt thereat will be null and void. No purported waiver of any provision of these Terms of Service by us will be effective unless in a writing signed by us. If any provision of these Terms of Service for any reason shall be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these Terms of Service; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable. The failure by us to enforce any provision of these Terms of Service will not be deemed a waiver of such provision or any other provision.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: [email protected]
"AS IS" BASIS. THE WEBSITE AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS." THE USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CoinUp DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. CoinUp MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CoinUp DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Your Information. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE IS AT YOUR OWN RISK. CoinUp DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT DISPLAYED ON THE WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO UCG). YOU ACKNOWLEDGE THAT CoinUp ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
Copyright Materials ALL IMAGES, LINKS, AND VIDEOS THAT APPEAR ON ANY SITE OR SERVICE ("SERVICE"), OWNED AND OPERATED BY CoinUp (HEREAFTER "CoinUp ", "WE", "OUR", OR "US"), ARE ASSUMED COPYRIGHTED BY THEIR RESPECTIVE OWNERS AND CoinUp CLAIMS NO CREDIT FOR THEM UNLESS OTHERWISE NOTED. IF YOU OWN THE RIGHTS TO ANY OF THE IMAGES, LINKS, OR VIDEOS AND DO NOT WISH THEM TO APPEAR ON THE SERVICE, PLEASE CONTACT US WITH THE INFORMATION REQUESTED IN THE SECTION "COPYRIGHT MATERIALS: NO UNAUTHORIZED USE" OF THESE TERMS OF SERVICE AND THEY WILL BE PROMPTLY REMOVED.
FURTHERMORE, NO CONTENT WITHIN OUR SERVICE (USER COMMENTS, RATINGS, PHOTOS, VIDEOS, LINKS, ETC.) REPRESENTS AN IMPLIED OR EXPRESS ENDORSEMENT OF ANY KIND BY ANY CELEBRITY, PERSON, USER, COMPANY, TEAM, LEAGUE, CHARITY, SCHOOL, STORE, OR ANY OTHER ENTITY REPRESENTED OR FEATURED ON THE SERVICE. ASSOCIATIONS OR CONNECTIONS ON THE SERVICE ARE FOR ENTERTAINMENT PURPOSES ONLY
Limitation of Liability. IN NO CASE WILL CoinUp, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY DIRECT,INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE WEBSITE OR THE SERVICES, OR (III) YOU RELIANCE PLACED BY YOU ON THE COMPLETNESS, ACCURACY OR EXISTING OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF CoinUp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, BECAUSE THE CoinUp SERVICE IS FREE, IN NO EVENT WILL CoinUp'S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, AND THE SERVICES EXCEED US$1. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Indemnity. YOU WILL INDEMNIFY AND HOLD CoinUp, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEES HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF SERVICE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE OR THE SERVICESCAUSED TO A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE WEBSITE OR THE SERVICES.
No Partnership. No agency, partnership, joint venture, or employment is created between you and CoinUp as a result of the Terms of Service and you do not have any authority of any kind to bind CoinUp in any respect whatsoever.