AGREEMENT BETWEEN USER AND chillybot Inc.
The chillybot.io Web Site is comprised of various Web pages operated by chillybot Inc..
The chillybot.io Web Site is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the chillybot.io Web Site constitutes your agreement to all such terms, conditions, and notices.
CLOUD MINING AND INVESTMENT
Cloud mining should be considered as no more than a fun, recreational activity and not a source of income or investment. Investing involves risk, including possible loss of principal.
In addition to the normal risks associated with investing and mining, cryptocurrency mining investments and related instruments may involve risk of capital loss from unfavorable fluctuation in cryptocurrency values, exchange-related risks, policy risks, liquidity, and market price fluctuation and demand. chillybot does not trade, buy or sell cryptocurrencies for or with its customers.
The strategies discussed are strictly for illustrative and educational purposes and should not be construed as a recommendation to purchase. There is no guarantee that any strategies discussed will be effective. The information provided is not intended to be a complete analysis of every material fact respecting any strategy. The examples presented do not take into consideration commissions, tax implications, or other transactions costs, which may significantly affect the economic consequences of a given strategy.
ALL SALES ARE FINAL
chillybot Inc. will not accept returns and all sales are final.
EARNED CREDITS MAY CHANGE IN FUTURE
chillybot Inc. cannot guarantee the credits the device pays will stay the same in the future; they may go up or down. This is especially true since the credits are tied to the difficulty in mining Bitcoin and Litecoin, which, if history is any indication, increases at an exponential rate. Earned credits are also tied to the market value of cryptocurrencies.
IMPOSSIBILITY OF PERFORMANCE; SUSPENSION; TERMINATION
If the fees to each customer for cloud mining must be raised to 100% in order for chillybot to remain in business without a loss, or if despite raising fees to 100% chillybot incurs a loss, chillybot will suspend all contracts for cloud mining. chillybot will turn the cloud mining back on once the fees are 99% or lower, however, following standard industry practice, if the fees to each customer for cloud mining are 100% and chillybot is sustaining a loss for ten consecutive days, then chillybot may unilaterally terminate all contracts for cloud mining completely, at its discretion and damages, if any, will be limited to those described in the LIQUIDATED DAMAGES clause of these Terms and Conditions.
It is the wish of chillybot that these events never occur and we have great confidence that the price of BTC will remain stable or grow over time. Our optimism is the reason that chillybot continues to work hard to make sure all customers are happy and that the site is secure and interesting for its customers.
All customers assume the risk that if mining difficulty and/or electricity costs for chillybot rise to unmanageable levels and/or that due to these or other circumstances customer fees must be raised to unsustainable levels, and/or the demand for BTC and/or other virtual coins drops to unsustainable levels, and therefore the cost of doing business for chillybot is not reasonably sustainable, then chillybot reserves the right to close business, and damages, if any, will be limited to 10% of a reasonable, good faith estimate of the current fair market value of the remainder of the contract. All damages must be requested within 45 days of the first day of closing or non performance, or any claim for damages will be considered waived.
All disputes regarding claimed damages shall be submitted to Arbitration with an Arbitrator agreed to by both parties. Arbitration shall be held in Boston, Massachusetts, United States.
SAFETY AND SECURITY
chillybot is not responsible for hacked accounts or if you give your password to a third party. You should never use the same password for multiple websites. It is your responsibility to make sure your password is secure; ideally at least 12 characters long, mixed case, including numbers and special characters. Never share your password with anyone.
chillybot works with third party mining sites and other third party providers. As to those third party sites and providers you understand that chillybot has no control over internal or external activities affecting those third party sites and providers, and should there be any interruption of service from said thirds party sites or providers for any reason, you understand and agree that chillybot shall not be liable for any losses incurred by you such as a particular coin's loss in value, or a particular coin becoming non-existent or other loss. You understand that any internet related site including those third party sites and providers that chillybot uses or does business with, are subject to losses due to hacking, fraud either internal or external, mismanagement, governmental and/or administrative actions, policies and procedures, or Acts of God such as natural disasters, war or civil strife and you hold chillybot harmless for any losses incurred by you in any of the above circumstances that are out of the control of chillybot.
chillybot is not a bank nor is it a wallet. Withdraw your coins promptly and do not let them accumulate. chillybot is a secure site and chillybot is not responsible for the loss of cryptocurrency to third parties by actions that are beyond chillybot's reasonable control. In any event, chillybot will never be responsible for lost or stolen virtual coins at the hands of third parties that are beyond the reasonable scope of chillybot's control, but in the unlikely event that it is shown the fault lies with chillybot, you agree to damages for any alleged loss be set at $1.00 (One USD) per account.
chillybot Inc. reserves the right to change the terms, conditions, and notices under which the chillybot.io Web Site is offered, including but not limited to the charges associated with the use of the chillybot.io Web Site.
LINKS TO THIRD PARTY SITES
The chillybot.io Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of chillybot Inc. and chillybot Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. chillybot Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. chillybot Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by chillybot Inc. of the site or any association with its operators.
chillybot may allow placement of advertisements on the chillybot site. These advertisements are generated without the input of chillybot and the contents are not controlled by chillybot. chillybot does not endorse, promote, sponsor or recommend companies, services or products that may be displayed in said advertisements.
An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following:
(a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
(b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio active toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
(c) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds;
(d) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity; and
(e) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which is specific to the performance of the works or this contract.
1- Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure.
2- Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
3- Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide a revised program rescheduling the works to minimize the effects of the prevention or delay caused by the event of force majeure.
4- An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
5- The contractor has no entitlement and the project company has no liability for:
(a) any costs, losses, expenses, damages or the payment of any part of the contract price during an event of force majeure; and
(b) any delay costs in any way incurred by the contractor due to an event of force majeure.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the chillybot.io Web Site, you warrant to chillybot Inc. that you will not use the chillybot.io Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the chillybot.io Web Site in any manner which could damage, disable, overburden, or impair the chillybot.io Web Site or interfere with any other party's use and enjoyment of the chillybot.io Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the chillybot.io Web Sites.
CONTINUITY OF SERVICES POLICIES; COMPENSATION POLICIES
chillybot will provide continuous service to the best of chillybot's ability. The chillybot site is monitored frequently by the chillybot team. As with all web based services there will be times where service is interrupted. chillybot will aggressively pursue continuous service for all of chillybot's clients.
If an interruption event occurs due to any issues that are beyond the control of chillybot, chillybot will generally not be liable for lost mining time. When service is interrupted by events that are under chillybot's control, compensation will be considered on a case by case basis, upon direct written request only. Any compensation award will be in the absolute discretion of chillybot.
Priority of compensation will be given to Cloud Contracts as those directing mining power to chillybot have the option of directing their mining power elsewhere. Both Cloud Contracts and external mining client's hereby accept the responsibility of monitoring their chillybot account at least once per week and lodging any requests for compensation within one week of any interruption event. Client agrees that they waive any claim of compensation for an interruption event if client fails to make a claim for compensation within a week of any given interruption event.
An "interruption event" is defined as an interruption of client connectivity to mining services through the chillybot platform for a period of greater than 2 hours. Written claims for compensation must be submitted directly to [email protected] and may only be claimed directly from the owner of the account. Compensation, if granted, may take the form of a BTC account credit or other chillybot offered coin account credit, extension of contracts or other form as chillybot determines in its absolute discretion.
CUSTOMER RISK DISCLOSURE
Client hereby acknowledges that there are substantial risks associated with Virtual Currencies, including the fact that: transactions in Virtual Currency are generally irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; the volatility of the price of Virtual Currency relative to Fiat Currency may result in significant loss or tax liability over a short period of time; there is an increased risk of loss of Virtual Currency due to cyber attacks; virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to FDIC or SIPC protections; among others.
chillybot takes security seriously and guards against cyber attacks, hacking and fraud, but cannot be a Guarantor of potential Client losses that might arise from cyber attacks, attacking, fraud, and the like that might occur despite chillybot's continuing efforts to keep is customers coins and transactions safe and secure. chillybot SHOULD NOT BE USED AS A WALLET to store crypto coins. Transfer your coins to the wallet of your choice at your earliest opportunity. Should Client incur a loss for events described in this paragraph, Client understands, acknowledges and agrees that chillybot's liability, if any, shall be limited to One Dollar U.S. ($1.00) per Customer.
CHAT ROOM DISCLAIMER, RULES AND WARNINGS
The chillybot Chat room is provided so that chillybot customers may exchange information and ideas about Bitcoin related subjects. These rooms are not constantly monitored. Users must refrain from vulgar, inappropriate or hostile language or they may be banned from the chat room and/or have their chillybot accounts permanently canceled.
GUARD YOUR PRIVACY! Never share personal information in the chat room. Never share your actual name, email address, phone number, home or business address or any other personal or private information. chillybot will not be responsible for consequences that flow from sharing personal information and strongly cautions its customers that sharing of personal information is potentially dangerous and should never be done.
chillybot is not responsible for any other advice or referrals given in said chat room on any subject.
DO NOT engage in conversation with individuals who are hostile, aggressive, irrational, vulgar or clearly intentionally offensive, and report them at once to chillybot through the support tab.
Users of the chillybot Chat Room agree that they have read and understood the above warnings, rules and restrictions about the chillybot Chat Room and that they will abide by the same and conduct themselves appropriately while chatting and will never share personal information in the chat room.
MINORS ARE PROHIBITED
You must be of legal age and have the capacity to enter into a contract, under both federal and your state's laws in order to mine with, have an account with or conduct business with chillybot. You must be of legal age and have the capacity to enter into a contract, under the laws of any foreign Country in which you may reside in order to mine with, have an account with or conduct business with chillybot.
Should it be discovered that you are a minor and/or do not have the capacity to contract your account will be immediately frozen and be reported to the appropriate legal authorities.
USE OF COMMUNICATION SERVICES
The chillybot.io Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"); you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations. chillybot Inc. has no obligation to monitor the Communication Services. However, chillybot Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. chillybot Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
chillybot Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at chillybot Inc.'s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. chillybot Inc. does not control or endorse the content, messages or information found in any Communication Service, and, therefore, chillybot Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized chillybot Inc. spokespersons, and their views do not necessarily reflect those of chillybot Inc..
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO chillybot Inc. OR POSTED AT ANY chillybot.io WEB SITE
chillybot Inc. does not claim ownership of the materials you provide to chillybot Inc. (including feedback and suggestions) or post, upload, input or submit to any chillybot.io Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting chillybot Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. chillybot Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in chillybot Inc.'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE chillybot.io WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. chillybot Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE chillybot.io WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE chillybot.io WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
chillybot Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE chillybot.io WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. chillybot Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
chillybot Inc. reserves the right, in its sole discretion, to terminate your access to the chillybot.io Web Site and the related services or any portion thereof at any time without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Massachusetts, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of the chillybot.io Web Site. Use of the chillybot.io Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and chillybot Inc. as a result of this agreement or use of the chillybot.io Web Site. chillybot Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of chillybot Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the chillybot.io Web Site or information provided to or gathered by chillybot Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and chillybot Inc. with respect to the chillybot.io Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and chillybot Inc. with respect to the chillybot.io Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the chillybot.io Web Site are: Copyright 2017 by chillybot Inc. and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.