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Any changes we make to the ToU will be effective immediately after we post the modified ToU on Bitcoinist.com.
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Disclaimer of Warranty and Limitation of Liability
THE INFORMATION, PRODUCTS AND SERVICES ON THE BITCOINIST SITES ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. BITCOINIST DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION PROVIDED ON ANY BITCOINIST SITE AND/OR YOUR USE OF ANY OF THE BITCOINIST SITES GENERALLY OR FOR ANY PARTICULAR PURPOSE. BITCOINIST EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BITCOINIST WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA THE BITCOINIST SITES OR ANY OF THEM. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, BITCOINIST CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.
ALL WRITERS’ OPINIONS ARE THEIR OWN OPINION AND DO NOT CONSTITUTE FINANCIAL ADVICE IN ANY WAY WHATSOEVER. NOTHING PUBLISHED BY BITCOINIST CONSTITUTES AN INVESTMENT RECOMMENDATION, NOR SHOULD ANY DATA OR CONTENT PUBLISHED BY BITCOINIST BE RELIED UPON FOR ANY INVESTMENT ACTIVITIES.
BITCOINIST STRONGLY RECOMMENDS THAT YOU PERFORM YOUR OWN INDEPENDENT RESEARCH AND/OR SPEAK WITH A QUALIFIED INVESTMENT PROFESSIONAL BEFORE MAKING ANY FINANCIAL DECISIONS. YOU SHOULD CHECK AND INVESTIGATE EVERY ARTICLE AND BEWARE OF SCAMS, FRAUDS AND RISKY INVESTMENTS. BITCOINIST SHALL NOT BE LIABLE FOR ANY LOSS. YOU SHOULD ALSO TAKE INTO CONSIDERATION THAT SOME OF THE CONTENT MIGHT BE SPONSORED, AND/OR PAID FOR BY THE SUBJECTS OF THE ARTICLE TO BITCOINIST, AND BITCOINIST AND IT’S OWNERS/ADVISORS MIGHT HAVE INVESTED IN SOME OF THE MENTIONED COMPANIES / VENTURES, AND/ OR INVESTED IN SOME COMPANIES REVIEWED BY THE WEBSITE. HOWEVER, BITCOINIST HOLDS NO RESPONSIBILITY OR LIABILITY REGARDING SUCH COMPANIES, NOR SHALL BITCOINIST OR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, THIRD PARTY PROVIDERS, BE LIABLE FOR ANY CAUSE RELATING TO CONFLICTS OF INTEREST.
NEITHER BITCOINIST, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY (COLLECTIVELY, THE “BITCOINIST PARTIES”), WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF ANY BITCOINIST SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING ANY BITCOINIST SITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREBY AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF ANY BITCOINIST SITE OR THE MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF BITCOINIST OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.
IN NO EVENT WILL BITCOINIST OR ANY OF THE BITCOINIST PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF BITCOINIST OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. BITCOINIST CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY OF THE BITCOINIST SITES.
Links to other sites
Certain links, including hypertext links, in our site will take You to external websites. These are provided for your convenience and inclusion of any link does not imply endorsement or approval by Bitcoinist of the linked site, its operator or its content. Each of those websites have their own “Terms and Conditions.” We are not responsible for the content of any website outside of the Bitcoinist Sites. We do not monitor and assume no duty to monitor the content of any such third-party websites.
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Choice of Law
This Agreement shall be governed by, and construed solely in accordance with the Laws of the United Kingdom. The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree on the terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator according to ICC rules in London (if there is no other arbitration agreed between both parties), whose decision shall be final and binding. Arbitration shall be conducted in the English language.
Any rights not expressly granted herein are reserved.
Updated on June 11, 2019.
DATA PROTECTION ADDENDUM
This Data Protection Addendum (“Addendum”) forms part of our Terms and Conditions (“Principal Agreement”).
The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. Except as modified below, the terms of the Agreement shall remain in full force and effect.
In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement. Except where the context requires otherwise, references in this Addendum to the Agreement are to the Agreement as amended by, and including, this Addendum.
- In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
- “Applicable Laws” means (a) European Union or Member State laws with respect to any Personal Data in respect of which the data subject is subject to EU Data Protection Laws; and (b) any other applicable law with respect to any Personal Data which is subject to any other Data Protection Laws;
- “Controller” means the entity that determines the purposes and means of the processing of Personal Data.
- “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
- “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
- “GDPR” means EU General Data Protection Regulation 2016/679;
- In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
- The terms, “Data Subject“, “Member State“, “Personal Data“, “Personal Data Breach“, and “Processing” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2. Collection and Processing of Personal Data
- we shall:
- comply with all applicable Data Protection Laws in the Processing of Personal Data;
- represent and warrant that we:
- have all necessary permissions and consents from the relevant data subjects in accordance with the Applicable Laws to lawfully allow us to collect, process and share Personal Data via the Services for the purposes contemplated by the Agreement including this Addendum.
- shall at all times make available a mechanism for obtaining such consent from data subjects and a mechanism for data subjects to withdraw such consent, all in accordance with the Applicable Laws.
- shall maintain a record and notify of all consents and withdrawal of consents from data subjects in accordance with the Applicable Laws.
- acknowledge not to provide the Services to children under the age of eighteen (18).
- we shall:
- Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we shall implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
- In assessing the appropriate level of security, we shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
- Each Website User authorises us to appoint (and permit each Subprocessor appointed in accordance with this section to appoint) Subprocessors in accordance with this section and any restrictions in the Agreement.
- With respect to each Subprocessor appointed by us, we shall ensure that the arrangement between us and the Subprocessor, is governed by a written contract including terms which offer at least the same level of protection for Personal Data as those set out in this Addendum and meet the requirements of article 28(3) of the GDPR;
5. Data Subject Rights
Taking into account the nature of the Processing, we shall assist wherever possible, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6. Personal Data Breach
- We shall immediately inform the Data Subject without undue delay, upon becoming aware of a Personal Data Breach affecting the Data Subject’s Personal Data, to inform Data Subjects of the Personal Data Breach under the Data Protection Laws. We shall also assist in the investigation, mitigation and remediation of each such Personal Data Breach.
7. General Terms
- The parties to this Addendum hereby submit to the choice of jurisdiction stipulated in the Agreement with respect to any disputes or claims howsoever arising under this Addendum, including disputes regarding its existence, validity or termination or the consequences of its nullity; and this Addendum and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of the country or territory stipulated for this purpose in the Agreement.
- Should any provision of this Addendum be invalid or unenforceable, then the remainder of this Addendum shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
IN WITNESS WHEREOF, this Addendum is entered into and becomes a binding part of the Agreement with effect from the date first set out above.