Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY OPENING AN ACCOUNT OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
By using our service you agree to enter into a contract with ShopWithBits, a brand operated by Prime Click, LLC. You certify that you acquired your Bitcoins legally, and that you'll be responsible for any and all taxes applicable to you. You also agree not to use ShopWithBits to buy anything illegal or to commit or aid anotherin committing a crime. Without limiting the generality of the foregoing, you agree that you will not:
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or website;
- Use or attempt to use another user's account;
- Provide false, inaccurate, or misleading information; and
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
As a user, you agree to provide ShopWithBits with your full name, email address, delivery address, and any form of identification that is requested. You also agree to provide us with the product name, product ID and url for the product(s) you wish to buy, you also agree to provide us with any uniquely identifying features, and any additional shipping instructions that might be needed for delivery. Finally you also agree to provide our staff with the cost for each product, the cost of applicable taxes and the correct shipping fee. Once your order is received, you agree to pay for your order and our service fee(our service fee schedule can be found on the Fees page of our website) via Bitcoin. By paying for your order's invoice, you agree that you've reviewed and verified the final order and are confirming that everything is correct. Once your payment is received and confirmed, the sale shall be considered final, and we will execute the purchase on your behalf. It is your responsibility to notify us of any problems with your order within 24 hours of the order being delivered to your address(verified via the shipping tracking number). If you need to return your order in order to get a refund, it is your responsibility to adhere with our refunds policy and the merchant's refund policy.
This website is provided "as is" without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website. We reserve the right to suspend your account at any time for any reason.
ShopWithBits shall not be held liable to you(whether by law or contract) in relation to your use of our Service. Any financial liability on our part shall be limited to the amount of the service fee that you paid for using our Service.
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the ShopWithBits logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "ShopWithBits Materials") are the proprietary property of ShopWithBits or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the ShopWithBits Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the ShopWithBits Materials; (b) the distribution, public performance or public display of any ShopWithBits Materials; (c) modifying or otherwise making any derivative uses of the ShopWithBits Materials, or any portion thereof; or (d) any use of the ShopWithBits Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
"ShopWithBits, the ShopWithBits logo, and any other ShopWithBits product or service names, logos or slogans that may appear on our Services are trademarks of ShopWithBits, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of ShopWithBits without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of ShopWithBits. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ShopWithBits and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL SHOPWITHBITS, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE SHOPWITHBITS MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SHOPWITHBITS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHOPWITHBITS RECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHOPWITHBITS (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, SHOPWITHBITS OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO ShopWithBits DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify and hold harmless SHOPWITHBITS (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and SHOPWITHBITS agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and ShopWithBits agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to ShopWithBits shall be sent to email@example.com. You and ShopWithBits further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur at a time and place of ShopWithBits's choosing(c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that ShopWithBits shall have complete choice in choosing the jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the governing laws of the jurisdiction selected by ShopWithBits, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and ShopWithBits will not commence against the other a class action, class arbitration or representative action or proceeding.
Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with ShopWithBits for the Services or for any other ShopWithBits product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with ShopWithBits, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion with no notice. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Force Majeure Events. ShopWithBits shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond ShopWithBits's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond ShopWithBits's reasonable control (each, a "Force Majeure Event").
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from ShopWithBits, including by operation of law or in connection with any change of control. ShopWithBits may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
Survival. All sections shall survive any termination or expiration of these Terms.