Last Updated: May 24, 2016
PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.
These Site Terms ("Terms") apply to your access to, and use of, any website of BitTitan, Inc. ("BitTitan"), including www.bittitan.com and other online products or services where these Terms are posted (collectively, the "Site"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with BitTitan for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to be responsible to BitTitan if you violate these Terms.
BitTitan reserves the right to change or modify these Terms, or any policy or guideline of the Site, at any time and in our sole discretion. If BitTitan makes changes, BitTitan will provide you with notice, such as by sending an email, providing notice through the Site or updating the date at the top of these Terms. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. We encourage you to frequently review these Terms and any other applicable policies and guidelines to ensure you understand the terms and conditions that apply to your access to and use of the Site. If you do not agree to the amended Terms, you must stop using the Site.
If you have any questions regarding the Site, please contact BitTitan by emailing support@BitTitan.com.
2. ACCEPTABLE USE POLICY
Access to and use of the Site is governed by our Acceptable Use Policy. Failure to comply with our Acceptable Use Policy may result in, among other actions, suspension or termination of your right to access and use the Site.
3. ELIGIBILITY, REGISTRATION AND ACCOUNT
By accessing or using the Site, you represent and warrant that you are at least 18 years old.
In order to access certain areas and features of the Site, you will need to register for an account. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer or mobile device; (d) promptly notify BitTitan if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
4. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the BitTitan logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the "Site Materials") are the proprietary property of BitTitan or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive and non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and, unless specifically provided for under separate terms, does not include: (a) any resale or commercial use of the Site or the Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) any modification or creation of any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of BitTitan, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, BitTitan has adopted a policy of terminating, in appropriate circumstances and in BitTitan's sole discretion, subscribers or account holders who are deemed to be repeat infringers. BitTitan may also, in our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site 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.
Name of Designated Agent: Copyright Agent
Address of Designated Agent: BitTitan, Attn: Copyright Infringement, 218 Main St, #719, Kirkland, WA 98033
Phone Number of Designated Agent: 206.428.6030
Fax Number of Designated Agent: 206.299.3534
Email Address of Designated Agent: legal@BitTitan.com
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 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.
"BitTitan," "MigrationWiz," the BitTitan logos and any other BitTitan product or service name or slogan contained on the Site are trademarks of BitTitan and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BitTitan or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "BitTitan" or any other name, trademark or product or service name of BitTitan without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BitTitan 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 names or logos mentioned in the Site 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.
7. FRAMING AND HYPERLINKS
You may not use a BitTitan logo or other proprietary graphic of BitTitan to link to the Site without the express written permission of BitTitan. Further, you may not use, frame or utilize framing techniques to enclose any BitTitan trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page of the Site without BitTitan's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of BitTitan or any third party.
8. THIRD PARTY CONTENT
BitTitan may provide third party content on the Site and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. BitTitan does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that BitTitan is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
9. ADVERTISEMENTS AND PROMOTIONS
BitTitan may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. 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. BitTitan is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-BitTitan advertisements or other third party information on the Site.
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about BitTitan, the Site or third party products and services (collectively, "Submissions"). Submissions, whether posted to the Site or provided to BitTitan by email or otherwise, are non-confidential and shall become the sole property of BitTitan. To the maximum extent permitted by applicable law, BitTitan shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.