Terms & Conditions

TERMS OF SERVICE AND MEMBERSHIP AGREEMENT

 

Welcome to the breadcoin.org website (the “Site”), operated by Breadcoin Foundation, Ltd. (“Breadcoin”). Breadcoin provides its services to you subject to the following conditions. Before you may use the Site and membership services, you must read and accept all of the terms and conditions in this Terms of Service and Membership Agreement (“TOS”) and the linked privacy policy. We recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS.

This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site or Membership in any way. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOS without prior notice, and your continued access or use of this Site and Membership services signifies your acceptance of the updated or modified TOS.

1. Description of Services.

Breadcoin provides users access to benefits and services and information (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. License and Site Access.

Breadcoin grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching unauthorized hypertext links to the Site; framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Breadcoin’s sole discretion) an unreasonable or disproportionately large load on Breadcoin‘s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Breadcoin to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Breadcoin.

By using the Site you agree not to: (i) use this Site or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.

3. Membership Eligibility.

The Service and Membership is not intended for minors under the age of 18 or to any users suspended or removed from the system by Breadcoin for any reason. Members may not have more than one active account. Additionally, members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Site.

Our Website and Services are directed to businesses, government agencies and adult individuals who may be interested in our Services. The Website is not intended nor designed to collect personal information from children under 14 years of age or as otherwise provided under the Children’s Online Privacy Act. Children under 14 years old should not provide personal information to us. We will immediately remove any such personal information from children as soon as we are alerted to the presence of the information.

4. Membership and Account.

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Site for legitimate purposes. You also agree to provide true, accurate, current and complete information about yourself when you apply for Breadcoin membership. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Breadcoin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Breadcoin has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Breadcoin immediately of any unauthorized use of your account or any other breach of security. Breadcoin reserves the right to refuse membership or service, terminate membership, or remove or edit content in its sole discretion.

Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer and membership at any time and for any reason, including, but not limited to, for violation of the TOS or Privacy Policy. You agree that you will use your Breadcoin Membership card for the purposes that it was issued.

5. Membership Fee.

Your monthly Membership Fee is subject to taxation in accordance with applicable federal or state law. The Membership fee does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The Membership fee is not refundable.

6. Term; Continuous Membership; Billing.

The initial term of a Membership shall commence on the date it is purchased and continue until one month from the date in which the Membership was purchased. Each Membership will automatically renew (therein referred to as a “Renewal Membership”) each month for additional one-month periods (referred to as “Continuous Membership”) unless (i) you notify Member Services in writing, of your decision to cancel your Membership within 30 days of your renewal date; or (ii) we terminate your Membership.

Renewal Membership fees will be billed monthly and automatically to the credit card we currently have on file, in the amount of the then current Membership fee on or around the day in which your current Membership or Renewal Membership term expires.

7. Cancellation; Termination.

(a) You have the right to cancel your Membership at any time. Because of the nature of our service, no refunds will be available. (b) Breadcoin reserves the right to cancel or suspend, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this TOS, applicable law, or otherwise be harmful to our interests. If Breadcoin cancels your Membership, Breadcoin may, at its sole discretion, refund the balance of the annual membership fee on a time apportionment basis. (c) We may terminate any or all of the benefits available to Members at any time with or without notice. No refunds will be available. (d) Upon cancellation of Membership, you are relinquishing your current monthly Membership rate and understand you will not be able to rejoin at a later time at that rate.

8. Membership Benefits

(a) As a member of Breadcoin, you’re entitled to the benefits that pertain to your particular Membership type. (b) Breadcoin has the right to add, modify or eliminate any benefit or service at any time at our discretion. Breadcoin does not guarantee the availability of any of its benefits and they are all subject to change at any time without notice.

9. Submitted Content

Breadcoin does not claim ownership of any materials you make available through the Site. At Breadcoin’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Breadcoin a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section.

We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site.

If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.

10. Business Partner Policies

You acknowledge that partner charges including tax and incidentals are the responsibility of the individual member. You are responsible for any taxes or other payments that apply to partner products or services. You acknowledge that Breadcoin partners have rules and policies. You are responsible and liable for verifying and abiding by these policies.

11. Disclaimer of Liability and Warranty.

THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES. WE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. BREADCOIN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BREADCOIN AND THEIR RESPECTIVE PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM BREADCOIN, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BREADCOIN, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. ANY PARTNERS PROVIDING SERVICES ON THIS SITE ARE NOT AGENTS OR EMPLOYEES OF BREADCOIN OR ITS AFFILIATES. BREADCOIN AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BREADCOIN AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL BREADCOIN, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BREADCOIN, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BREADCOIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, BOARD MEMBERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BREADCOIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

If, despite the limitation above, Breadcoin, its Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Breadcoin, Its Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Breadcoin in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Breadcoin, its Affiliates, and/or their respective suppliers.

13. Indemnity.

You agree to indemnify and hold Breadcoin Foundation (and its members, owners, officers, directors, agents, subsidiaries, joint ventures, employees and volunteers) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, your violation of any law or the rights of a third party, or your use of the Site.

14. Electronic Communication.

When you use the Site or send emails to Breadcoin, you are communicating with Breadcoin electronically. You consent to receive communications from Breadcoin electronically. Breadcoin will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Site-Provided Email and Postings.

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Breadcoin is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Breadcoin may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) Advertisements or solicitations of any kind; (iii) Impersonate others or provide any kind of false information; (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.; (v) Messages by non-spokesperson employees of Breadcoin purporting to speak on behalf of Breadcoin or containing confidential information or expressing opinions concerning Breadcoin; (vi) Messages that offer unauthorized downloads of any copyrighted or private information; (vii) Multiple messages placed within individual folders by the same user restating the same point; (viii) Chain letters of any kind; or (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using breadcoin.org invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using breadcoin.org to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

16. Links.

The Site or third parties may provide links to other World Wide Web sites or resources. Because Breadcoin Foundation has no control over such sites and resources, you acknowledge and agree that Breadcoin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Breadcoin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

18. Modification and Notification of Changes.

Breadcoin reserves the right to make changes to the Site and Membership Agreement, related policies and agreements, this TOS and the Privacy Policy at any time. If Breadcoin makes a material modification to this TOS, it will notify you by: (i) sending an email to the address associated with your account. Breadcoin is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Breadcoin.org to the list of domains approved to send you email (commonly known as your “whitelist”); and (ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line “Termination” to the following email address: membership@breadcoin.org. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

19. Trademarks.

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Breadcoin and/or its Affiliates, and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Breadcoin or such third party that may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

20. Procedure for Claims of Intellectual Property Infringement.

Breadcoin respects the intellectual property of others, and we ask our users to do the same. Breadcoin may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Breadcoin ‘s Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; or (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Breadcoin’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent, c/o Breadcoin Foundation, Ltd., 455 Massachusetts Ave NW, #260, Washington, DC 20001

By email: membership@breadcoin.org

Breadcoin may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS.

21. Survival of Terms After Agreement Ends.

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

22. General.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Breadcoin will be governed by the laws of the District of Columbia without regard to its conflict of law provisions. You and Breadcoin agree to submit to the personal jurisdiction of the federal and state courts located in the District of Columbia with respect to any legal proceedings that may arise in connection with this TOS. The failure of Breadcoin to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Breadcoin does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Breadcoin and governs your use of the Site, superseding any prior agreements between you and Breadcoin with respect to the Site.

22. Dispute Resolution.

You agree that any dispute between you and Breadcoin arising out of or relating to these Terms of Service, the Breadcoin Service, or any other Breadcoin products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the District of Columbia without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Breadcoin, you agree to try to resolve the Dispute informally by contacting membership@breadcoin.org. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Breadcoin may bring a formal proceeding.

We Both Agree To Arbitrate: You and Breadcoin agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting membership@breadcoin.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, the District of Columbia, or any other location we agree to.

Payments: The AAA rules will govern payment of all arbitration fees.

Exceptions to Agreement to Arbitrate: Either you or Breadcoin may assert claims, if they qualify, in small claims in the District of Columbia or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Breadcoin products or Breadcoin Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with Breadcoin on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Breadcoin agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the District of Columbia. Both you and Breadcoin consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.