Welcome to the www.bitiplyx.blogspot.com/ Terms and Conditions
(“Website Terms of Use” or “Terms of Use")
Latest Version: 8 Jul 2023
Bitiplyx reserves the right at its sole discretion to amend any provision of the Agreement (including this Terms of Use) at any time in our sole discretion without any prior notice to you, and you agree that it is your responsibility to check for the updated terms of the Agreement on our Website regularly. In any event, by continuing to use any aspect of our Site and/or any of our Site Services you will be deemed to have accepted all amendments to the Agreement as may be implemented by Bitiplyx from time to time. If you do not wish to be bound by the Agreement, do not use any aspect of the Site or Site Services, cease all access to and use of our Site, our Site Services, our products, and services immediately.
Legal Capacity & Access
1.1 By accessing our Site and continuing to access our Site and/or Site Services, you represent that you are above 18 years of age and legally capable of entering into and being bound by contracts, including but not limited to the Agreement.
1.2 In the event that you are accessing our Site and/or Site Services on behalf of any incorporation, partnership, association, organization, or any other entity type (“Entity”), your continued access of our Site and/or Site Services shall constitute your representation to us that you have been duly authorized by such Entity to use our Site and our Site Services, perform any transactions or activities thereon, and to therefore bind your Entity to the Agreement and to any such transactions or activities that you have performed. Accordingly, when the term “you” is used herein this Website Terms of Use, “you” shall refer not only to you the actual user as an individual but also the Entity that you are representing, and therefore both you and the Entity are jointly and severally bound under the Agreement. Accordingly, you also hereby undertake that the Entity which you represent is capable of and agreeable to being bound by the Agreement.
1.3 In the event that you submit a form or query to us, or you register with us an account (whether in your personal capacity or on behalf of the Entity that you represent), you undertake to ensure that all information you provide to our Company thereto registration is accurate and updated and will promptly notify us via email to hello@bitiplyx.com in the event of any changes to such information.
1.4 In the event that you register an account with us, you are fully responsible for ensuring that your account login and passwords are kept strictly confidential and secure, as all activities conducted via your account shall be deemed as all acts duly performed and/or authorized by you without the requirement for any further verifications on our part. Should you become aware of any security breaches or unauthorized access to your account, you must notify our Company immediately via email to hello@bitiplyx.com. Nonetheless, you agree that you will be fully responsible for all acts and transactions (including but not limited to postings, Activity Uploads (as defined in the Listing T&Cs), listings, and usage of any of our Site Services) that take place via your account prior to your aforesaid notification of a security breach to us, and you undertake to honor and see to completion all such acts and transactions that have happened under your account (regardless of whether you have specifically authorized such acts or transactions).
1.5 Should you (whether directly by yourself or indirectly via your request to us) upload, post, publish, or transmit any information on or via our Site, or you communicate with any other users of our Site, you agree to be fully responsible for all such posts and communications. Accordingly, you undertake to only use the Site in a legal and considerate manner, not to misuse or abuse the Site or its other users, including but not limited to not causing any defamation, harassment, sedition, collecting data of other users for your purposes, and introducing viruses, trojans, or hacks. In the event that you misuse or abuse the Site, we shall be fully entitled to suspend or ban your account and/or remove your information from our Site without any prior notice or liability to you. Nonetheless, you agree that we shall not be held liable for any posts or communications by third parties that offend you, although we will sincerely look into any complaints in relation to such posts or communications that you communicate to us in writing."
Our Site Content
(A) General
2.1 No information, write-ups, listings, prices, events, ICO data, photographs, pictures, graphs, charts, articles, news updates, budgets, forecasts, token swap market values, project information, testimonials, status, team information of any company, advertisements, data, analysis, reports, media files, APIs, loyalty rewards write-ups, and other content on our Site (collectively, “Site Content”), or our newsletters, EDMs, marketing materials, promotional updates, API updates, support patches, messages (via any channels), or other emails (collectively, "Updates") which you may have viewed, subscribed to or downloaded via our Site or Site Services, constitutes advice of any kind, including but not limited to financial advice, trading advice, investment advice, insurance advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law. “Site Content” and “Updates” shall collectively be referred to as “Content”.
2.2 The content on our Site and Updates is meant to provide information regarding our Company, our products, our services, our loyalty points scheme, our APIs, our applications, prices or market value of cryptocurrencies, tokens, coins, rankings, trade volume data, new ICOs, new coin launches, and other information related to digital currency. The aforementioned information constitutes general knowledge only, and it is not meant for any reliance whatsoever for any purpose of any kind whatsoever by any Entity or individual. You are therefore strongly advised to conduct your own checks and seek professional advice before making any trades, investments, or swaps, as no Content constitutes any trading or investment advice or guarantees of any kind (including but not limited to guarantees on gains/benefits/returns). For the avoidance of doubt, our Company makes available the Content and third-party products on our Site based on information and/or products (such as token swap functionalities) obtained from third-party sources. Even though such third parties may have agreed or declared that all information and products they provide will be correct and/or secure, and our Company has conducted reasonable checks as may be commercially practicable before uploading such Content and products onto our Site, our Company is not able to provide any warranties in that regard.
2.3 Our Site Services include, without limitation, our Bitiplyx API which, as of now, is available for use without any charges, subject to compliance with our API Terms of Service, and third-party provided services/products such as token swaps and identification protection. Such third-party provided services are subject to the terms and conditions of the third-party service providers. We make no direct or indirect warranties of any kind, express or implied, in relation to our Site Services (including but not limited to the Bitiplyx API and third-party provided functionalities), and you are therefore strongly encouraged to conduct your own checks, verifications, consult your advisors, and satisfy yourself regarding the suitability of our Site Services, as well as the acceptability (to you) of the terms and conditions of the respective third-party service providers whose services/products are made available or referenced on our Site before using any such Site Services. All use of our Site Services (including third-party provided services/products) is at your sole risk and discretion.
2.4 Our Content may contain information on third-party products and services, particularly but not limited to ICOs, third-party coins, tokens, and secure identity vaults (such as MetaMask). However, this does not imply any association with or endorsement by such third parties, even if certain functionalities on our Site require the use of such third-party products (for example, the installation of MetaMask to utilize token swap functionalities). The content of such third-party services and products, as stated on our Site and in our Updates, is based on information made publicly available by such third parties to us, and we therefore make no representations or warranties regarding the accuracy or currency of such third-party service/product-related information. You are encouraged to conduct your own checks on any such third-party products or services that you see on our Site and/or our Updates before subscribing to, registering an account for, installing, trading, swapping, investing, purchasing, or using any such third-party products/services, whether from third-party sites or via our Site.
2.5 Our Content will contain information from third-party companies that are seeking to raise funds via ICOs (“Fundraisers”). The information on such Fundraisers in our Content is made available by the Fundraisers themselves or obtained from third-party public resources. The listing of Fundraisers on our Site does not indicate any express or implied endorsement by our Company of the services, products, or creditworthiness of the Fundraisers.
2.6 As part of our provision of information regarding cryptocurrency, utility tokens, digital coins/currency, ICOs that do not amount to an offering of securities or securities-tokens, and other related digital currency information on our Site, our Content may contain videos and podcasts (or links to such videos and podcasts) related to the aforementioned subjects made available via YouTube or the use of YouTube API Services (as defined in the YouTube Terms of Service). In order to access such podcasts and videos, you must agree to be bound by the “YouTube Terms of Service” found at https://www.youtube.com/t/terms. In the event that you do not agree with any of the terms and conditions therein the YouTube Terms of Service, you are not permitted to access the aforementioned videos and podcasts (or the web links thereto) found on our Site and in our Content.
2.7 Any monetary figures cited in our Content may have been converted from local currency to United States Dollars or from one currency to another using internet currency conversion sites, and such values may therefore vary or be subject to change depending on the rates provided by different currency conversion sites.
2.8 Where the Content contained on our Site and Updates is derived from non-English language sources, translations into English may have been done using language conversion tools. As such, our Company assumes no legal liability for any inaccuracies or misunderstandings due to translations.
2.9 Weblinks to our Fundraisers’ websites may be provided in our Content. Such weblinks are meant to provide more information regarding the Fundraisers and their ICOs; however, these weblinks do not constitute any endorsement of the Fundraisers or their products or services by the Company, nor do such weblinks create any form of association or relationship between our Company and the Fundraisers.
2.10 Reviews of our services, products, Content, ICO opportunities, trading opportunities, Fundraisers, our Site, and other matters related to our Company provided by individuals or third-party companies as reflected in our Content are the personal views of such individuals or third-party companies and do not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the quality or efficacy of the reviewed products, services, or other subject matter.
2.11 We may make available limited trial services via our Site and/or our Updates. You agree that when you contact us for any such free trial services, it is not guaranteed that such free trial services or certain features thereof will definitely be made available to you, or the trial period may be different from what may have been published on our Site, our Updates, or on other third-party channels.
2.12 Promotions, trial usage, and discounts (if any) featured on our Site and/orour Updates are for limited time periods only and subject to specific terms and conditions indicated as applicable in order to enjoy such promotions, trial usage, and/or discounts. Once a promotional or trial period expires, you are no longer eligible to participate in such promotions or trial usages, and our Company is not obligated to provide any previously offered privileges, trial usage, or discounts to you, even if you have contacted our Company with queries during the promotional period.
(B) Loyalty Rewards Scheme
2.13 Without limiting the generality of the provisions under Section 3(A) above, part of our Site Content includes information on and the availability of a loyalty rewards scheme ("Loyalty Program") currently known as "Bitiplyx Candy" (or such other name as may be determined by our Company in its sole discretion from time to time).
2.14 All redemptions, discounts, promotions, vouchers, and other privileges available under the Loyalty Program are made available "AS IS" by our Company and our collaborating business partners, without any warranties of any kind, whether implied or express, including without limitation quality, availability, merchantability, or fitness for purpose (even if our Company has been notified in advance of such purpose).
2.15 Bitiplyx retains full sole discretion to vary or discontinue any privileges under the Loyalty Program, including without limitation discontinuing redemption for any product, even if you have used your loyalty points (or "Candies") to redeem such product (in which case Bitiplyx reserves the right to substitute such discontinued product with another item of similar value or to credit back the Candies that you have used for such redemption).
2.16 For the avoidance of doubt, our Company retains full sole discretion over the governing rules, implementation, operation, variation, and discontinuation of any Loyalty Program that our Company has made available or may make available from time to time, including without limitation determining when and how many loyalty points should be awarded, not approving any redemptions using loyalty points, amending the number of loyalty points required for any redemption, removing or discontinuing redemption products, and/or choosing not to reward any persons who participate in any games or activities for loyalty points or other gains.
Intellectual Property
(A) Ownership
3.1 All Content and Site Services, including but not limited to write-ups, compilations, listings, analysis, summaries, extracts, derivations, articles, translations, quotations, loyalty reward schemes, contracts, terms and conditions, APIs, widgets, plugins, extensions, software, algorithms, source codes, object codes, forecasts, budgets, analysis, credit ratings, reports, logs, diagrams, graphs, charts, layout, photographs, drawings, financial information, and other data, as displayed on our Site and Site Services, in our Content and in our Updates, are protected by copyright, design rights, trademark rights, and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), whether registered, registrable, or otherwise. You agree, therefore, that without our Company's prior written consent (or as specifically stated on our Site in relation to any particular portion of our Content, such as use of our Bitiplyx API pursuant to our API Terms of Service), except for the limited use permitted under Section 4(B) below, you are not permitted to reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease, time-share, publish, sell, translate, modify, or create derivative works from any part of our Content, products, or services found on our Site, our Site Services, or in our Updates. We reserve our rights to take legal action against you for any unauthorized use of our Content.
3.2 For clarification, and without prejudice to Clause 4.1 above, all Content and Site Services (including but not limited to the Bitiplyx API and other third-party products/services such as YouTube) are strictly protected by copyright laws. You are, therefore, not permitted to copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent, or otherwise deal with any part of our Content or Site Services except to view or use strictly pursuant to the purpose for which it was made available (on your computer, mobile phone, tablet, and other personal devices or Entity’s devices that are under and securely in your control) as permitted herein and/or by the other provisions of the Agreement (such as the API Terms of Service). In the event that any other provisions of the Agreement (such as the API Terms of Service) permit you to download, store, use, retain, or copy any part of our Content or any mobile application or other software or feature (individually and collectively "Downloads") available on our Site, you agree that such consent shall not constitute the transfer or assignment of any rights or ownership in such Downloads to you, and you are merely granted a non-exclusive, non-sublicensable, non-transferable, and revocable (at any time by our Company) license to use the Downloads pursuant to the purpose for which our Company granted its consent. The foregoing shall fully apply to your use of our Bitiplyx API (as permitted under our API Terms of Service).
3.3 All company names (including but not limited to our Company's name, Fundraisers' names, and the company names of any third parties, such as YouTube, featured on our Site), logos, trademarks, service marks, brands, whether registered or otherwise (collectively the "Branding") represented on our Site, our Site Services, and in our Updates belong to our Company or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site and Site Services, in our Content, and our Updates. You are, therefore, not permitted to copy, replicate, modify, extract, download, or otherwise use any such Branding for any purpose whatsoever without the prior written consent of our Company.
(B) Limited Use
3.4 Subject to the provisions of this Website Terms of Use and your compliance therewith, our Company hereby grants you a limited, personal, non-exclusive, non-sub-licensable, and non-transferable license to use our Site Content, solely for your Personal Use (as defined in Clause 3.5 below) and not for any commercial purpose. Except for the foregoing license, you have no other rights to any of our Content, Site Services, Branding, products, or services, and without limiting the generality of Clauses 4.1 to 4.3 above, you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, develop derivations, create any index, translate, reverse engineer, alter, enhance, provide access to, or in any way exploit any part of the Content, our Site Services, Branding, or any of our services or products in any manner.
3.5 "Personal Use" refers to your non-commercial review and republication (on a non-commercial site) of some or part of our Site Content (as screenshots or screen captures without any modification thereto and with due attribution to Bitiplyx), and the linking of our Website, subject to Clause 4.6 below.
3.6 You may republish some or part of our Site Content (individually and collectively, the "ScreenCaptures"), and/or place one or more links to the Website (individually and collectively, the "Link") on your own non-commercial website, blog, or other platform (individually and collectively, "Your Platform"), provided that:
Any Link shall be titled only as "Link to Bitiplyx.com";
Any ScreenCaptures shall be duly attributed with the phrase "Screenshot from Bitiplyx.com";
No ScreenCaptures shall contain third-party information, write-ups, or feedback (i.e., information from a user of Bitiplyx or information regarding other entities, which are not information from or about Bitiplyx itself), nor any personal data (i.e., information that can be used singly or in conjunction with other available information to identify an individual);
Your Platform shall not contain any content that is unlawful, threatening, scandalous, seditious, abusive, libelous, defamatory, or otherwise inappropriate to the image of Bitiplyx (as may be determined by our Company in our sole discretion);
The look and feel of all content that accompanies the ScreenCaptures and/or Link or is on the same page as any ScreenCaptures or the Link shall not (as determined in the sole discretion of Bitiplyx) bear any write-ups, pictures, content, insinuations, or implications that may lower the reputation of Bitiplyx, damage or dilute the goodwill associated with Bitiplyx, the reputation, or any Branding;
No content on Your Platform shall contain any information that (in Bitiplyx's sole discretion) may create any false impression that you, Your Platform, services, products, or any other website, services, products, person, or entity is endorsed by, sponsored by, or otherwise associated with Bitiplyx or any of its business partners (as reflected by their names, logos, or branding on the Website), or that any activity engaged in by you or anyone else has been endorsed by Bitiplyx.
You agree that our Company retains full rights to revoke our consent granted herein to permit your Link or ScreenCaptures at any time in our sole discretion without any prior notice or liability to you. Upon our email notification to you that you may no longer provide a Link or ScreenCaptures on Your Platform, you undertake to promptly (in no event later than two days after our notice to you) remove all such objectionable Link or ScreenCaptures from Your Platform.