These Terms of Service constitute an Agreement (hereinafter the “Agreement”) between you (hereinafter the “User”, “you”, or “your”) and ViaBTC.com (hereinafter the “ViaBTC”, “we”, “us”, or “our”) that applies to your use of this website and all services, products and content provided by ViaBTC (“Services”). By accessing and/or using our Services, you represent that you have read and agree to all the terms and conditions of this Agreement and all relevant policies published on this website.
We reserve the right to amend or modify any portion of this Agreement at any time by publishing the revised version on our website. Upon being published, the updated Agreement will immediately replace the previous version. We recommend that you always check the latest Agreement before using our Services. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS THIS SITE AND DO NOT USE ANY OF VIABTC’S SERVICES, PRODUCTS AND CONTENT. Your continued use of the Services provided by ViaBTC will be deemed your acceptance and consent of the latest version of this Agreement.
RISK DISCLOSURE Before using the Services provided by ViaBTC, you understand and agree:
- You have sufficient knowledge and experience in digital currency "mining" and understand the risks associated with digital currency "mining", including but not limited to the fact that: the price of digital currency fluctuates significantly and may even drop to zero.
- Any information provided by ViaBTC (including but not limited to information on its website or any campaign information) cannot be deemed as ViaBTC is advising you to buy or rent “mining” equipment to participate in "mining" digital currency and related activities. Your decision to buy or rent “mining” equipment and participate in "mining" digital currency and related activities should be based on your own personal judgment. If you have questions related to digital currency “mining” or mining pool, you should consult with industry professionals. Any information provided by ViaBTC (including but not limited to information on its website or any campaign information) should not be deemed as ViaBTC’s acting as professional and providing you advice.
- You are obliged to keep abreast of and comply with the laws and regulations regarding digital currency activities in your country or region.
1. SCOPE OF THE SERVICES 1.1 The Services provided through our own system allow you to use our cryptocurrency mining pools at given fees, use cryptocurrency wallets, and other services/products that may be added onto this website. 1.2 You may register with ViaBTC by providing your information to us and agree that:
1.3 You shall prepare the following equipment and bear the following costs and expenses:
- all information you provide is true, accurate, elaborate and lawful; and
- you will update your information with us in case of any changes. If the information you provide is unlawful, inaccurate or untrue, you shall be responsible for all relevant consequences caused thereby, and we reserve the right to suspend or terminate your use of our Services.
- Internet equipment cost, including but not limited to the costs for purchasing the computers or other Internet terminals or modems;
- Internet access costs, including but not limited to Internet access fees and mobile phone network data fees, etc.; and
- “mining” equipment costs and electricity costs, including but not limited to the costs for purchasing “mining” equipment, electricity costs and power loss costs.
2. PROVISION, ALTERATION AND TERMINATION OF SERVICES 2.1 You agree to receive all types of information we provide while using our Services. You hereby authorize ViaBTC to send commercial information to your email address, mobile phone, mailing address, etc. You can opt out of receiving our commercial information by logging onto ViaBTC’s relevant webpage. 2.2 You also agree that we may at our sole discretion alter or suspend our Services without giving you prior notices, which we shall not be liable to you or any unrelated third party. We reserve the right to prohibit or terminate your access to our website and its content, your account and/or other services and tools, delay or remove hosted content, and take technical and legal steps to keep you off our website if we think that you are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. 2.3 You may stop using our Services, or you may also terminate this Agreement and close your account at any time, following settlement of any pending transactions with ViaBTC. You may inform us to stop providing Services to you through customer service and other channels. Upon termination, ViaBTC shall not be obligated to transmit any unprocessed information or services to you or any unrelated third party.
3. DATA PROTECTION & ACCOUNT SECURITY 3.1 For the purpose of this Agreement, ViaBTC User Information (“your information”) refers to information that is lawful and compliant and falls within the following scope:
3.2 ViaBTC promises that, unless legally required or expressly permitted by you, any non-public information about you including your account number and password, full name, mobile phone number, residential address and email address will not be disclosed to any third party. ViaBTC personnel will never ask you to disclose your password. If you receive any message or visit any website other than the ViaBTC site that asks for your ViaBTC password, please report to us immediately. 3.3 You are entirely responsible for maintaining the confidentiality of your account’s credentials, including but not limited to your password, email, wallet address, balance, and of all activity made through the account. 3.4 Your information may be disclosed in part or in whole under the following statutory circumstances:
- your personal information provided to us when you registered your ViaBTC account;
- information automatically received and recorded from your browser or mobile device, including but not limited to your IP address, data in website cookies and webpage records you required, when you use ViaBTC's services, participate in online activities or visit our webpages;
- information we lawfully obtain from a business partner;
- information we lawfully obtain through other lawful means.
- disclosure to yourself or other third party(ies) with your consent；
- disclosure to any third party(ies) in accordance with laws, regulations and other relevant legal provisions, or as required by any administrative or judicial agencies stipulated by laws; and
- other disclosures made by ViaBTC according to laws, regulations and other relevant legal provisions.
4. USER REPRESENTATIONS & WARRANTIES 4.1 You shall be at least 18 years old, and your entry into this Agreement will not be prohibited by the laws of the country or region (jurisdiction) in which you live or hold your citizenship. You will abide by the relevant applicable laws. 4.2 As an entity, you have full legal capacity and authorization to enter into this Agreement and your obligations hereunder are binding upon you. 4.3 You are the legitimate owner of the virtual assets in the account, the source of the virtual assets is legal, and any virtual currency withdrawal address you provided is the address owned by you. You will not use our Services and the virtual assets related to ViaBTC's services for any illegal purposes, including but not limited to money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking. 4.4 You are using the Services only for your own benefit and that you are not using the Services on behalf of others or for the benefit of any third parties, unless you have obtained prior written permission from us.
5. USER’S RIGHTS AND RESPONSIBILITIES 5.1 You have the right to access and use our website and services, participate in all of our online and offline activities, as well as enjoy other services we provide according to the relevant rules and provisions of ViaBTC website, as long as you agree to and actually comply with the terms of this Agreement. 5.2 Your account.
5.3 You undertake to comply with any and all applicable laws and regulations related to the use of our Services. You shall not use your account or our website and services to endanger the security of any nations, divulge state secrets, and infringe on the legitimate rights and interests of citizens from any nations. 5.4 You shall not register ViaBTC accounts by any means for any malicious purposes, including but not limited to registering multiple accounts for the sole purpose of profit making, speculation, cash out, or awards, etc. You are prohibited to illegally use other user’s account. If you violate the above provisions, we shall have the right to take all necessary measures to cancel any benefits you obtained due to your violation, or even hold you legally liable through formal litigation. 5.5 You are prohibited from using ViaBTC in any form as a venue, platform or medium for all kinds of illegal activities. You are not allowed to engage in any commercial activities in the name of ViaBTC, or use it as a venue, platform or medium for any commercial activities in any form without prior written permission from ViaBTC. 5.6 Nothing in this Agreement excludes or limits your liability for fraud, death or personal injury caused by your negligence, breach of terms implied by operation of law, or any other liability which may not be limited or excluded by law.
- You have the option of becoming a registered user of ViaBTC. After successful account registration, you will be able to create and change your user name. Your user name shall comply with relevant laws and regulations and conform to cyber ethics, which cannot contain any insulting, threatening, obscene, abusive words or other words that may infringe others' legitimate rights and interests.
- Upon registration, you will obtain your user name (user email address) and password, and you will be fully responsible for all activities and events that occur after logging in to our system with your account credentials and bear all legal liabilities directly or indirectly caused by the words and actions under your user name.
- It is your obligation to properly keep your account number, username and password, SMS verification code and Google verification code, and you will take full responsibility for the security of your username, password and Google key. You shall be fully responsible for any legal consequences caused by the disclosure of your user name or password, Google key and any property losses caused by the disclosure of such information.
- If you lose your password, you can reset it via the link we send to your registered email address. You should immediately inform ViaBTC of any illegal use of your username or other security vulnerabilities discovered therein.
- You have the right to change the modifiable parts in your account and decide whether to fill out the non-mandatory blanks.
6. VIABTC'S RIGHTS AND RESPONSIBILITIES 6.1 We have the right to suspend your account in case of your non-fulfillment or unduly fulfillment of these Terms of Service. 6.2 We undertake to provide quality Services with the utmost effort, due care and in accordance with these Terms of Service. 6.3 To the most extent permitted by law, ViaBTC is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Service by ViaBTC. 6.4 ViaBTC is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection, or any reason why our website is unavailable at any given time. 6.5 Nothing in this Agreement excludes or limits the responsibility of ViaBTC for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not be limited or excluded by law.
7. DISCLAIMER OF LIABILITY & NO WARRANTIES 7.1 In no event shall ViaBTC, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:
7.2 ViaBTC does not guarantee that the Services will not be interrupted, nor does it guarantee the timeliness and security of the Services, nor assume any responsibility not caused by ViaBTC. We seek to enable you to safely access and use our website, but we do not represent or warrant that our website or its servers are free of viruses or other potentially harmful factors. Therefore, you should employ industry-recognized anti-virus software to detect and remove any viruses from files downloaded from our website. 7.3 ViaBTC shall not be responsible for any failure to save, modify, delete or store your posted information. We shall neither be liable for any unintentional typesetting errors or omissions on the website. We are able, but not obligated, to correct any errors or omissions in any part of the website. 7.4 Unless expressly agreed in writing, ViaBTC does not guarantee the accuracy, completeness or reliability of any content or information, including but not limited to any advertisement, obtained by you from, via, or linked to our website in any way. We shall not be responsible for any products, services, information or materials that you purchased or obtained by relying on the content and information on our website. You shall assume the risks caused by your own use of the information or content of this website. 7.5 All our notices will be delivered to you via formal web announcements, in-site messages, emails, customer service calls, SMS or regular letters. We shall not be liable for any damages or losses caused by any prizes, promotions or other activities or information you obtained through any non-official channels.
- the accuracy, completeness, or content of this site;
- the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site;
- the Services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site;
- personal injury or property damage of any nature whatsoever;
- third-party conduct of any nature whatsoever;
- any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein;
- any interruption or cessation of Services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site;
- any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site;
- any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable; and/ or
- any loss or damage of any kind incurred as a result of your use of this site or the Services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not ViaBTC is advised of the possibility of such damages.
8. GOVERNING LAW AND JURISDICTION These Terms shall be governed by and construed in accordance with the laws of Samoa. The courts of Samoa shall have exclusive jurisdiction to settle any dispute arising from or connected with these Terms (including a dispute relating to the existence, validity or termination of these Terms or the consequences of their nullity or any non-contractual obligation arising out of or in connection with these Terms).
9. FORCE MAJEURE If ViaBTC is unable to perform the Services outlined in this Agreement due to factors beyond its control including but not limited to an event of Force Majeure, change of applicable laws or change in sanctions policies, ViaBTC will not assume any responsibility to the affected Users with respect to the Services provided hereunder and for a time period coincident with the event.
10. ENGLISH PREVAILS Should there be any inconsistency or conflict between the English and other language versions of this Agreement, the English version shall prevail.