Last updated: 25-NOV 2018
When you use Bitmark's services and products, you entrust us with information about your identity and activities. However, typical terms of service are often long and rarely read, ultimately doing little to generate trust in those services that you use. Unfortunately, Bitmark's terms are also long because that is the way the legal system works.
Thus, while we strongly encourage you to read our terms in full, we introduce the three core principles that have guided Bitmark since our inception in 2014.
1) To protect you.
2) To protect your data.
3) Defend ownership rights to your data.
Again, we strongly encourage you to read the complete terms of service. Our goal is to empower you to understand your rights in the digital environment. The complete details behind our promises are below.
To help you verify our promises and to maintain transparency with you, the Bitmark Registry is open source software.
Table of contents:
The Services consist primarily of tools allowing users to:
This Agreement applies to all users of the Services, including without limitation users who utilize the Services to store and transfer Digital Assets, to issue and track ownership of bitmarks, or to transfer or receive bitmarks. Terms specific to issuers, owners, transferors or recipients apply to users when utilizing the Services in such role. Terms of general applicability apply to all users.
If you have any questions or suggestions, please feel free to email us at email@example.com.
Basic Conditions. While bitmarks and the Bitmark Property System generally serve as records of the ownership and transfer of Digital property and are available through the documented interfaces to the Bitmark Property System, the Services are owned by Company, and the Company only grants you permission to use the Services as made available by the Company.
The Services are provided solely for your own use, and not for the use or benefit of any third party. To use the Services, you must use an Application to establish or access an account (i.e., a public key paired with a private key under your control) within the Bitmark Property System. If you wish to use the Services to transfer bitmarks, you will also need to provide valid financial information to enable payment to be made and received. Company may change, suspend or discontinue all or any of the Services at any time. Company may also impose limits on certain features and services or restrict your access to part or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by amending this Agreement in writing and providing notice through the Services. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Services as Access to Bitmark Property System.The Services allow you to record in the Bitmark Property System the creation of bitmarks associated with Digital property and transactions between recipients and transferors of bitmarks associated with Digital property as directed by users of the Bitmark Property System (whether or not such direction is through Services), and to access listings of bitmarks and Digital property within the Bitmark Property System. Company has no control over the quality, safety, morality or legality of any aspect of any Digital property, the truth or accuracy of the listings, the ability or right of transferors to sell copies of Digital property or the ability of recipients to pay. Company does not pre-screen users, or the Digital property or information provided by users. Company cannot ensure that a recipient or transferor will actually complete a transaction, and the use of the Services to record a transfer of a bitmark in the Bitmark Property System does not transfer legal ownership or rights in the associated Digital property from the transferor to the recipient.
Registration and Security. As a condition to using the Services, you must use an Application to create or access an account in the Bitmark Property System (the "Bitmark Account") consisting of a public and private key pair. The public key is the "Bitmark Account Number". Creating an account using the Application as hosted by Company requires a correct email address. Creating an account using the downloadable Application does not require that you provide any contact information to Company. To transfer bitmarks using the Services, users must provide complete and accurate payment information as required for the payment mechanism used by the user. You shall provide Company with accurate, complete, and updated payment information. Company reserves the right, in its sole discretion, to refuse to allow the use of the Services to establish or access an account in the Bitmark Property System. You are solely responsible for maintaining the confidentiality of your Bitmark Account and any other confidential Services or Bitmark Property System account information.
Persons Under 13; Your Right to Enter into a Contract. Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please email us at firstname.lastname@example.org.
You represent and warrant to Company that: (i) you are an individual and you are of legal age to and have the authority to form a binding contract; (ii) all Services account information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
The following terms govern the use of the Services to transfer bitmarks.
Transferor Policies.Transferors who take payment for the transfer of Digital Properties are strongly encouraged to establish and disclose to potential recipients their policies regarding payment, refunds and other sales policies. Transferors must create reasonable policies in good faith, must abide by such policies, and are responsible for enforcing their own policies. All transferor policies must comply with this Agreement, Company's policies for the Services generally, applicable law and fair business practices.
Disclosure by Transferor.You warrant that you and all aspects of the Digital property you may make available through the Services comply with the terms of this Agreement and any Company-published policies. You also warrant that you may legally transfer all rights you purport to transfer in any Digital property you that you use the Services to transfer. You must accurately describe your Digital property and all terms of sale or license to any purchaser.
Transfer of bitmarks. Company does not transfer bitmarks or copies of Digital property from a transferor to a recipient except as instructed by the parties. Each transferor and recipient shall have sole and complete discretion whether to enter into transactions with each other, and on what terms, provided that each recipient and transferor represent and warrant to Company that they will comply with this Agreement and all Company-published policies.
Transfer. Upon receiving instructions from transferor, the Services will enter a transfer of the relevant bitmark from the transferor's Bitmark Property System account to the recipient's Bitmark Property System account. If the associated Digital Asset is made available to Company according to the instructions for the use of the Application, Company will use reasonable efforts to transfer a copy of the relevant Digital Asset from the transferror to the recipient. If recipient does not receive a copy of the relevant Digital Asset through the Services, recipient must look solely to the transferor to acquire a copy of the relevant Digital Asset.. You agree that (i) each transfer of Digital property made using the Services is a transaction between the recipient and the transferror, and not a transaction with Company; and (ii) Company is not a party to such transaction, nor is Company a recipient or a transferror in connection with any such transaction.
In order to facilitate the distribution of copies of Digital Assets, Company may share recipient and transferror contact information, including the emails of each party, and in particular, must record the transfer of the Digital property in the Bitmark Property System and the Services. Company is not responsible for what either party does with this information once transmitted by Company.
Reversing Transactions. Each transaction will be governed by the terms agreed between the transferor and recipient, including but not limited to whether a transaction may be reversed and/or refunds given, and under what conditions, and whether transferor or recipient is responsible for additional costs associated with any reversed transactions or refunds. Company has absolutely no control over any of the foregoing.
Users acknowledge that all transactions completed using the Services are final, and that a return or refund may be accomplished only by reversing the transaction, which may incur a processing fee payable to Company.
Company will not attempt to resolve or mediate, or become involved in any way in claims between recipients and transferors. If recipients have a concern or question regarding a refund or reversing a transaction, they must contact the transferor directly.
Company is not responsible for errors made by the Payment Processor, or otherwise in connection with the processing of transactions. By electing to use the Payment Processor to pay for transfers of Digital Properties, you agree to make payment through the Payment Processor. Please be aware that you are responsible for the payment of any tax(es) that may apply to such transactions. For each purchase, you grant Company the right to correct any errors or mistakes that are made regarding the purchase price of an order, even where Company has already received payment from you.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION IN ORDER FOR YOUR PAYMENTS TO BE PROCESSED. YOU MUST PROMPTLY UPDATE AND MAINTAIN THE ACCURACY OF ALL INFORMATION TO ENABLE THE COMPLETION OF YOUR TRANSACTION (SUCH AS A CHANGE IN BILLING OR PAYMENT ADDRESS, BANK ACCOUNT INFORMATION, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR FORM OF PAYMENT IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF A CREDIT OR DEBIT CARD, BANKING INFORMATION, OR YOUR PERSONAL INFORMATION.
Limited License to You. The Services and the contents thereof (excluding only content originating in the Bitmark Property System, such as bitmarks, Bitmark Property System account identifiers, and transaction records) are intended solely for the use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations—also referred to in this Agreement as the "Content", and which includes Digital Assets, Property and other User Submissions (both as defined below)—are protected by copyright and other intellectual property rights. You shall abide by all proprietary rights notices, trademark rules, information, and restrictions contained in any Content, software or materials in the Services and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, create derivative works based on, perform, or in any way exploit, any of the Content, software, materials, or Services in whole or in part, or otherwise exploit other than as otherwise provided for in these Terms any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
All of the foregoing notwithstanding, we do not control or claim to control Content originating from the Bitmark Property System except when accessed through the Services, nor to regulate your access or use of such Content through a mechanism other than the Services; provided, however, that we may terminate your use of the Services if we determine, in our sole discretion that such non-Services access or use harms or is likely to harm the Services, the Company, or any other entity, is contrary to applicable law or detrimental to our reputation.
Digital Properties and other User Submissions. In the course of using the Services, you and other users may use the Services to register or transfer digital Assets and may also provide Ancillary Information regarding such Digital Assets. Digital Assets and Ancillary Information are, collectively, "User Submissions". You acknowledge and agree that we may use, create derivative works of, and distribute the User Submissions as reasonably necessary to provide the Services and interact with the Bitmark Property System. By way of example, and not limitation, we may (if you so request) create thumbnails or previews of the Digital Assets in order to display the thumbnails / previews within the Services, display and transmit Ancillary Information in the form of pricing or descriptions of the Digital Assets, and mathematically transform each Digital Asset into a bitmark associated with such Digital Asset.
In order to enable Company to provide the Services, you hereby grant Company a non-exclusive, worldwide, royalty free, sublicenseable and transferable right to access and use the User Submissions you submit to the Services , which license includes the right to use, reproduce and create derivative works of the Digital Assets to: generate bitmarks associated with such Digital Assets; record such bitmarks and the transfer of such bitmarks within the Bitmark Property System; if and as you request, to create thumbnails or previews of the Digital Assets and copy, transmit and display the same, and if and as you request, to copy, transmit and display the Ancillary Information.
No Company Responsibility. You understand that all information publicly posted or privately transmitted through the Services (including within the Bitmark Property System) is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any such information. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed, used, or acquired by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content identified, linked, made available or transferred via the Services.
Restrictions. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights (including, without limitation, copyright, trademark, patent rights, trade secrets and/or any moral rights where applicable), rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company; (v) restricts or inhibits any other user from using and enjoying the Services or Content; (vi) relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run a mail list, listserv, any form of auto-responder, nor use the Services to send or route "spam", nor run any processes that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any element of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Warranty Disclaimer. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites or services containing information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT (INCLUDING ALL DIGITAL PROPERTIES), WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM COMPANY OR ANY PERSON ACTING ON BEHALF OF COMPANY, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT SUCH DISCLAIMERS, YOU AGREE THAT COMPANY PROVIDES ONLY THE MINIMUM LAWFUL WARRANTY, AND DISCLAIMS ALL WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party (including any other user of the Services) or any dispute between you and a third party (including any other user of the Services) due to or arising out of your access to or use of the Services, Digital property you register or transfer through the use of the Services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Limitation of Liability. Your interactions with organizations and/or individuals found on or through the Services, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants in the Services, or between any user of the Services and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
IN NO EVENT SHALL COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL. TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT SUCH A LIMITATION OF LIABILITY, YOU AGREE THAT COMPANY DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
The Services allow access to and use of the Bitmark Property System, which is a distributed system that Company does not control. All information submitted to the Bitmark Property System is publicly available and cannot be removed from the Bitmark Property System. When you access or use the Bitmark Property System, you do so at your own risk.
Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services or the Bitmark Property System. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service or the Bitmark Property System. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Website or the Bitmark Property System.
Termination. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. Termination of your access to the Services does not affect your account on the Bitmark Property System, only your ability to use the Services to interact with the Bitmark Property System. All provisions of this Agreement that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Miscellaneous. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Governing Law; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Superior Court of the City and County of San Francisco, California, and the United States Circuit Court for the Northern District of California located in San Francisco, California.
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
Once proper bona fide infringement notification is received by the designated agent, it is Company's policy:
Procedure to Supply a Counter-Notice. If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Designated Agent listed below:
Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following address:
1F No.489-1, Chongyang Rd.
Nangang Dist., Taipei City 115, Taiwan
If you have any questions, complaints, or claims with respect to the Services, you may contact us at email@example.com.