Terms of Use & End User License Agreement
Last updated March 07, 2014
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Software License Agreement and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting CoIntellect’s terms and conditions. "Our company", “Ourselves”, “We” and "Us", refers to CoIntellect. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of CoIntellect’s stated services/products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Definitions
a. Cryptocurrency: refers to the peer-to-peer digital currencies including but not limited to Bitcoin, Litecoin, and Dogecoin
b. Platform: refers to the CoIntellect trade engine used to purchase mining contracts
c. Account: refers to the user created account on the CoIntellect platform
d. Mining: refers to the practice of using computational power to solve transaction-related algorithms on cryptocurrency networks.
e. Difficulty: refers to the metric used by cryptocurrency miners to gauge the competitiveness of mining
f. User: refers to who made a purchase on the CoIntellect platform
g. Contract: refers to a certain amount of computational power reserved for the use of cryptocurrency mining
h. Pool: refers to the syndicated computational power of multiple users
i. Miners: refers to the users contributing their computational power to the CoIntellect mining pool
Privacy Statement
1. We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Scope Of Services
2. CoIntellect acts as an intermediary service which provides customers with mining contracts. CoIntellect makes no representation, warranty, or guarantee that users will profit from our software or mining contracts. The period of time for which a user receives access to the computational power will be dependent upon the conditions of his or her order.
3. Additionally, CoIntellect offers proprietary software which miners may use to contribute to the CoIntellect pool. CoIntellect rewards miners with a payout proportionate to their contributions. CoIntellect makes no representation, warranty, or guarantee that miners will profit from contributing to our pool.
Risk Warning
4. The trading of digital currencies like Bitcoin and Litecoin carries inherent risks. Because Bitcoin and other digital currencies are unregulated, their value is not insured by traditional legal entities. The inherent value of a mining contract is subject to change depending on a number of factors outside of CoIntellect's control including but not limited to: rising network difficulty, price of Bitcoin, and technical obsolescence. Due to the volatile nature of said digital currencies, users of our service understand that the value of their mining contracts may become worthless any given moment. CoIntellect is not a custodian or online wallet service. Users are solely responsible for managing their digital currency assets. Any losses caused by third parties are to be handled by the user.
4.1 By accessing our service, the user understands that CoIntellect agrees to fulfill a contract for the entire duration only when the current market price of Bitcoin does not render the contract unprofitable. In the event of detrimental market fluctuations related to the price of Bitcoin, CoIntellect reserves the right to shorten or cancel entirely any and all existing contracts.
Limitation of Liability
5. IN NO EVENT SHALL CoIntellect, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS 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 (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) 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, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) 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, (IX) 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 (X) 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 CoIntellect IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Payment
6. Terms of payment are within CoIntellect's sole discretion and unless otherwise agreed to by CoIntellect, payment must be received by CoIntellect prior to CoIntellect's acceptance of an order. Payment for Product will be made in United States dollars (USD) or Euro (EUR) by wire transfer, or other prearranged payment methods including Bitcoin, Litecoin or any other cryptocurrency selected by CoIntellect. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. CoIntellect may invoice parts of an order separately. Your order is subject to cancellation by CoIntellect, in CoIntellect’s sole discretion. CoIntellect is not responsible for pricing, typographical or other errors in any offer by CoIntellect and reserves the right to cancel any orders arising from such errors.
Refund Policy
7. All sales are final and non-refundable except as expressly provided in this agreement. No cancellation or rescheduling of orders by buyer will be accepted.
Log Files
8. We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within CoIntellect on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
9. Like most interactive web sites, CoIntellect uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links from this website
10. We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
11. Copyright and other relevant intellectual property rights exists on all text relating to CoIntellect’s services and the full content of this website.
Force Majeure
12. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
13. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
14. The laws of Estonia govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Estonian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
15. The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
16. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
Software License Agreement
IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between you ("Licensee") and CoIntellect for the proprietary software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (hereinafter referred to as "Coin Miner", resp. "SOFTWARE" when referring to the computer software delivered as part of Coin Miner). The Coin Miner software is made available to you only on the terms and conditions of this agreement. By installing, copying, or otherwise using Coin Miner (which ever occurs first), you agree to be bound by the terms of this agreement. If you do not agree with the terms of this agreement, you are not authorized to use Coin Miner. All rights not expressly granted to Licensee in this agreement are specifically reserved to CoIntellect.
Declaration of Purpose
17. CoIntellect’s proprietary mining software directs the user’s computational power to a mutual pool for the purpose of cryptocurrency mining. Said computational power is drawn from the user’s central processing unit (CPU), graphics processing unit (GPU), or both.
Coin Miner License
18. Coin Miner is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Coin Miner is licensed, not sold.
Grant of License
19. This agreement grants to you the non-exclusive and non-transferable right to use Coin Miner for the purposes of cryptocurrency mining on CoIntellect's network only. Software licenses are granted for a license per computer installation or per each device which is connected to a computer on which Coin Miner is installed, as defined CoIntellect's specifications and/or offer or by separate agreement between the parties. The rights and limitation of this agreement also govern updates/upgrades of Coin Miner. You may make copies of Coin Miner solely for archival purposes in support of your use of Coin Miner. You may not reproduce or distribute Coin Miner in any other way, including rental or leasing.
Description of other Rights and Limitations
20. You may not reverse engineer, decompile, or disassemble Coin Miner, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
21. CoIntellect may provide you with support services related to Coin Miner ("Support Services"). Use of Support Services is governed by CoIntellect's policies and programs described in the user manual, in "online" documentation, and/or in other CoIntellect provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Coin Miner and subject to the terms and conditions of this agreement. With respect to technical and other information you may provide to CoIntellect, CoIntellect may use such information for its business purposes, including for product registration, support and development. CoIntellect will not divulge such information to third parties in a manner that allows personal identification.
22. You may not transfer any of your rights under this agreement. Licensee agrees to communicate the terms and restrictions contained in this agreement to all persons under his or her employment, direction, or control who have access to Coin Miner.
23. Without prejudice to any other rights, CoIntellect may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you may not use Coin Miner any longer and you must destroy all copies of Coin Miner and all of its component parts.
Copyright
24. All title and copyrights in and to Coin Miner (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into Coin Miner), the accompanying printed materials, and any copies of Coin Miner are owned by CoIntellect. Coin Miner is protected by copyright laws and international treaty provisions. Therefore, you must treat Coin Miner like any other copyright protected material.
Warranties
25. The Coin Miner and any related documentation is provided to you "as is". Licensee is solely responsible for selection of the Coin Miner and components to achieve Licensees intended results or for particular applications and systems.
26. CoIntellect expressly disclaims any further warranty for the Coin Miner including warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Coin Miner remains with you.
27. In no event shall CoIntellect or its suppliers be liable for any damages whatsoever including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use of or inability to use Coin Miner, even if CoIntellect has been advised of the possibility of such damages. Because, however, some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages by compulsory law, the above limitation may not apply to you and/or will be adjusted accordingly.
Miscellaneous
28. This agreement is governed by the laws of Estonia. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the ordinary courts of Estonia. CoIntellect makes no representation, warranty, or guarantee that users will profit from the aforementioned software or services.
