2. Website’s Content.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively referred to as the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to BitHash, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws (including, but not limited to, the Competition Act, Chapter 50B).
No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use or enterprise, without BitHash’s express prior written consent.
3. Website’s Use.
You may use information on BitHash’s products and services (such as knowledge base articles, and similar materials) purposely made available by BitHash for viewing on or downloading from the Website, provided that you do not remove any proprietary notice language in all copies of such documents; use such information only for your personal, non- commercial informational purpose; make no modifications to any such information; and, do not make any additional representations or warranties relating to such information.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. BitHash reserves the right to block any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server thereto, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate and illegal means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, BitHash’s systems or networks, or any systems or networks connected to the Website.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BitHash on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You agree that BitHash may, in its sole discretion and without prior notice, terminate your access to the Website and/or services, for cause, which includes, but is not limited to, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the Website or any service offered on or through the Website, or unexpected technical issues or problems.
4. Other Terms.
BitHash’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in this Website should be construed to alter such agreements.
BitHash may make changes to any products or services offered on the Website, or to the applicable prices or fees for any such product or service, at any time, without notice. The materials on the Website with respect to products and/or services may be out of date, and BitHash makes no commitment to update the materials on the Website with respect to such products or services.
5. Accounts & Passwords.
To use the services available on the Website, you will be required to open an account, including a user ID and a password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, specially your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify BitHash immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by BitHash or any other user of the Website due to someone else using your credentials, password or account as a result of your failing to keep your account information secure and confidential.
You are not allowed to use anyone else’s account at any time without the express permission and consent of the holder of that account. BitHash will not be liable for any loss or damage arising from your failure to comply with these obligations.
6. Data Privacy.
BitHash may disclose any information it has about you (including your identity) if it determines that such disclosures is necessary in connection with any investigation or compliant regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BitHash’s rights or property, or the rights or property of users of the Website.
BitHash reserves the right at all times to disclose any information that BitHash deems necessary to comply with any applicable law, regulation, legal process or governmental request. BitHash also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
BitHash does not promise, guarantee, or otherwise assure that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its Content, are delivered on an “as-is” and “as-available” basis. All information provided on the Website is subject to change without prior notice.
BitHash cannot ensure that any files or other data you download from the Website will be free from of viruses or contamination or destructive features.
BitHash disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
BitHash disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any of BitHash’s services.
You assume total responsibility for your use of the Website and any linked websites. Your only remedy against BitHash for dissatisfaction with the Website or any content is to stop using the Website or any such Content. This limitation of relief is a part of the bargain between you and BitHash.
This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
BitHash reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
BitHash reserves the right to restrict, block or limit the use of the Website and Content, and access to the services in accordance with geographic locations of the users. Any offer for any feature, product or service of the Website is void where prohibited. If you choose to access the Website from a country that has prohibited the services and/or the Content of the Website, you do so on your own initiative and you are solely responsible for complying with applicable law.
Except where prohibited by law, in no event will BitHash be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BitHash has been advised of the possibility of such damages.
You agree to indemnify and hold BitHash, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses, including legal fees, made against BitHash by any third party due to or arising out of or in connection with your use of the Website.
10. Governing Law & Dispute Resolution.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between BitHash and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If you and BitHash are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to Arbitration as referred on the preceding paragraph.
12. Entire Agreement.