Terms of Use

Welcome to HTMLCOIN (the “Service”). The following Terms of Use apply when you view or use the Service hosted at or available from our Website, located at http://www.htmlcoin.com, any sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by HTMLCOIN FOUNDATION and/or its affiliates ( the “Company” or “we”). Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

PRIVACY POLICY

The company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

 

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE HTMLCOIN WEBSITE

You must be at least 13 years old to register for and use the www.htmlcoin.com website.

If you are a user who signs up for the Service, you will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password, and/or account.

 

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • Use the service for any unlawful purpose or for the promotion of illegal activities;
  • Attempt to or actually harass, abuse, or harm another person or group;
  • Use another user’s account without permission;
  • Provide false or inaccurate information when registering an account;
  • Interfere, or attempt to interfere, with the proper functioning of the Service;
  • Make any unauthorized automated use of the system, or take any action that we deem to impose, or to potentially impose, an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

 

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide or post your own content (“User Content”). You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false, or inaccurate;
  • You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or that you access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.

 

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not and cannot guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by any parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from your or anyone’s reliance on information or other content posted on the Service or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which the Company in its sole discretion deem unlawful, offensive, abusive, harmful, or malicious. The Company shall have the right to remove any such material that in its sole discretion violates, or is alleged to violate, the law or these Terms of Use or which might be offensive, or that might violate the rights of, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the law. If you become aware of misuse of our Service, please contact us http://www.htmlcoin.com.

 

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, and for the convenience of the users, the Company may provide you with links to third-party web site(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the”Third-Party Applications, Software, or Content”). These links are provided as a courtesy to Service users and subscribers. The Company has no control over Third-Party Sites or Third-Party Applications, Software, or Content or the promotions, materials, information, goods, or services available on these Third-Party Sites or Third-Party Applications, Software, or Content. Such Third-Party Sites and Third-Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Sites accessed through the Website or Service or any Third-Party Applications, Software, or Content posted on, available through or installed from the Website or Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

 

 

 

 

 

 

 

 

 

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a)Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are infringers of others’ intellectual property or these Terms of Use. The Company may terminate access for participants or users who are found to have provided or post protected third-party content without necessary rights and permissions.

(b)Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service or Website infringe upon your copyrights, you may submit a take-down notification pursuant to the DMCA by sending the following information in writing to the Company’s webmaster:

  1. The date of your notification;
  2. A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or e-mail address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c)Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the content in your User Content, you may send a counter-notice containing the following information to the Company’s webmaster:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the laws of your country and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company’s webmaster, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

 

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service.

 

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other products and services that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

 

E-MAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents, or representatives in any situation where notice to the Company is required by contract or any law or regulation.

 

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the e-mail address you have submitted, and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that any such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your e-mail address to send you other messages or communication, including information about the Company and special offers. You may opt out of such e-mail by changing your account settings or contacting us via http://www.htmlcoin.com.

Opting out may prevent you from receiving messages regarding the Company or Special Offers.

 

WARRANTY

The service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied, or statutory, regarding the service, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the service, including linked material and user content. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

 

LIMITATION OF DAMAGES; RELEASE

To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content, (b) your use or inability to use the service, (c) the service generally or the software or systems that make the service available, or (d) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the company has been informed of or is or should be aware of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more users or a merchant of a product or service that you discover, contact, contract with, review, or otherwise interact with in using the service, you release the company and our affiliates, officers, directors, agents, subsidiaries, joint venture partners, and employees from any and all potential claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

MODIFICATION OF TERMS OF USE

The Company can and will amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Website from time to time to view any such changes in these Terms of Use. If you continue to use the Website, you signify your agreement to our revisions to these Terms of Use. In the Company’s sole discretion, and at times and in circumstances of our choosing, we may notify you of material changes to these Terms of Service by posting a notice on our Website and/or sending an e-mail to the e-mail address you provided to us upon registration unless you have opted-out of such e-mails. For this reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms of Use by the Company via telephonic or e-mail communications shall be contemplated and any such purported waiver or modification is hereby deemed invalid, null, and void ab initio.

 

GENERAL TERMS; SAVINGS CLAUSE

If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

By using the Service or Website, you signify and agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Website are governed by the laws of the State of Illinois, without regard to conflict of law provisions, and any action purporting to be brought under these Terms of Use or against the Company will be brought in the Northern District of Illinois or another venue of the Company’s choosing.

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior, express written consent bearing a physical written signature of an Officer of the Company, and any unauthorized assignment and delegation by you is null and void.

You acknowledge that you have read these terms of use, understand these terms of use, and will be bound by these terms of use and conditions express or implied herein. You further acknowledge that these terms of use, together with the privacy policy at http://www.htmlcoin.com represent the complete, entire, and exclusive statement of the terms of use and the agreement between you and the company, and that these terms of use supersede any proposal or prior agreement, whether oral or written, express or implied, and any other communications between us relating to the subject matter of this agreement.

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