Please review these Terms carefully before using the Services. By using any part of the Website, you accept these Terms.
1. Changes
We may occasionally change these Terms, so we encourage you to review the Terms periodically. If you continue to use the Website after we change the Terms, you accept all changes.
2. Privacy Policy; Additional Terms
Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Website and you consent to our use of data in compliance with the Privacy Policy .
Additional terms may apply to your use of the Website. We will provide these terms to you or post them on the Website to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Website, the additional terms will control.
3. Intellectual Property; License
Use of Trademarks
Bit Guardian GmbH (hereinafter referred to as "Bit Guardian GmbH" or "Company") and any products or domains that we as a company may acquire, and but not limited to, including words and logos ("our trademarks") are registered trademarks of Bit Guardian GmbH
You may not at any time use our trademarks as part of any business or trading name, style or domain name until and unless the same is agreed upon by you and Bit Guardian GmbH in writing (i.e. under an agreement).
Linking to Our Website
You may link to our home page or any subpage of our website https://www.bit-guardian.com/ (termed as “our website") provided that you comply with the terms & conditions listed below:
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You do not link to any images displayed anywhere on our Website except where you are expressly permitted by us to do so after a written permission. We reserve the right to withdraw any such permission for any reason without notice and to demand that you immediately remove any links to our images.
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The link used by you should be in such a manner and for such a purpose that it does not damage our reputation or take advantage of it. Further, you must not establish a link to any image or page in such a way as to suggest any form of association, affiliation, approval or endorsement on our part where none exists.
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You shall not link to our Website from any website which is not owned by you or any website which is acting unlawfully, indecent or inappropriate, or in any other way incompatible with our reputation or business.
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Our Website in no condition or form must be framed on any other site.
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You will not do, or omit to do, anything to diminish our rights in the logos or other trademarks or impair, jeopardize or invalidate any registration of the logos or trademarks and you will not alter, change or modify the logos in any way. This includes creating trademarks or logos that might resemble in any way to our trademarks or logos to take advantage of the reputation our company holds.
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You may not at any time use our trademarks as part of any business or trading name, style or domain name until and unless the same is agreed upon by you and Bit Guardian GmbH in writing (i.e. under an agreement).
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You acknowledge that all rights in the logos are vested in us (https://www.bit-guardian.com/) and that you shall not assert any claim any type of ownership of the logos or to the goodwill or reputation thereof by virtue of your use of the logos or otherwise. You agree that any goodwill derived from your use of the logos shall accrue to us.
You may not link to our website or use or reproduce our trademarks or logos other than is expressly allowed in this permission. We reserve the right to withdraw this permission for any reason without notice and to demand that you immediately remove any links to our website, our name, trademarks or logos from your website.
4. Use of the Website
The Website have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Website using any interface other than ours. We may deny permission to link to the Website for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.
Without limiting any other provision in these Terms, you may not use the Website to do the following or assist others to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
- Link to the Website from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Frame the Website, display the Website in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Bit Guardian GmbH and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
- Interfere with others using the Website or otherwise disrupt the Website;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and Bit Guardian GmbH;
- Engage in unauthorized spidering, "scraping," or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
- Defeat any access controls, access any portion of the Website that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user's account or information, or allow anyone else to use your account or access credentials.
5. Indemnification
You will defend, indemnify, and hold harmless Bit Guardian GmbH, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the "Bit Guardian GmbH Parties") with respect to all claims, costs (including attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Website. Bit Guardian GmbH retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim.
6. Disclaimers; Limitation of Liability
In no event will Bit Guardian GmbH be liable for any damages, including without limitation, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party's use of the website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this website or any website operated by any third party or any contents of this website or any other website, even if Bit Guardian GmbH is aware of the possibility of such damages.
No Warranties
Although Bit Guardian GmbH attempts to provide accurate content on the website, it makes no warranty that such contents are accurate or suitable for any particular purpose or will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis.
Indemnification
You agree to indemnify, defend and hold Bit Guardian GmbH harmless from and against all expenses, claims, losses, damages and costs, including reasonable attorney’s fees, arising out of or relating to any misuse by the user of the content and services provided on the Website.
Disclaimer
The information contained on our website has been obtained from sources believed to be reliable. Bit Guardian GmbH disclaims all warranties as to the accuracy, completeness of the materials or the reliability of any advice, statement, opinion or other information distributed through the website. You agree that any reliance on any such statement, opinion, advice or information shall be at your sole risk and shall not be held against Bit Guardian GmbH for any legal or personal purposes. Bit Guardian GmbH reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website.
7. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Website will be governed by and construed in accordance with the laws of Germany. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the courts in Germany. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Website or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
8. Arbitration
Unless we establish a different location, arbitration hearings will be held in Munich, Germany. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
Contact us at:
Bit Guardian GmbH
Person to contact: Lucian Bitai
Am Kirchenhölzl 14,
82166 Gräfelfing,
Germany
Email: support@bit-guardian.com