PLEASE READ THESE TERMS OF SALE CAREFULLY. BEFORE CREATING AN ACCOUNT WITH US, OR PURCHASING OR SELLING ANY VIRTUAL CURRENCY AT ANY OF OUR AUTOMATED VIRTUAL CURRENCY KIOSKS (“Kiosks”), YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CREATE A CRYPTOBASE ACCOUNT, OR PURCHASE OR SELL ANY VIRTUAL CURRENCY VIA ANY CRYPTOBASE KIOSK.
CRYPTOBASE LLC sells and purchases virtual currency through our kiosks. Your purchase or sale of virtual currency through a Kiosk, and your use of our website cryptobaseatm.com are each governed by these Terms of Sale (the “Services”). By using our services you acknowledge that any transaction is conducted solely between you and Cryptobase and not on behalf of or for the benefit of any third party. Cryptobase reserves the right to change or modify these Terms of Sale at any time and in our sole discretion. The amended Terms of Sale will be effective immediately upon your use of any Kiosk on which the amended Terms of Sale are posted, and will apply to all purchase and sale transactions occurring thereafter. We encourage you to review these Terms of Sale each time you use the Services to ensure that you understand the terms and conditions that apply to your transactions using the Services.
This User Agreement (“Agreement”) is a contract between you and Cryptobase and applies to your use of Cryptobase website and all related sites, applications, services and tools regardless of how you access or use them. You must read, agree with and accept all of the terms and conditions contained in this Agreement.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time it is posted. This is an important document, which you must consider carefully when choosing whether to use the Cryptobase Services. This Agreement also highlights certain risks of using the Cryptobase Services.
1.1 Cryptobase is a licensed and registered Money Services Business (MSB)
Cryptobase sells and purchases digital currency from third parties and then resells that digital currency to you and/or buys your digital currency in exchange for Fiat Sovereign backed currency such as USD. If you violate any portion of our terms, we have the right to refuse your transaction and prohibit you from using our Service indefinitely without reason or explanation.
1.2 Your Privacy
1.3 Privacy of Others
If you receive Information about another User through the Cryptobase Services, you must keep the Information confidential and only use it in connection with Cryptobase Services. You may not disclose or distribute a User’s Information to a third party or use the Information for marketing purposes unless you receive the User’s express consent to do so.
1.4 Intellectual Property
“Cryptobase” and all logos related to the Cryptobase Services are either trademarks or registered trademarks of Cryptobase or its licensors. You may not copy, imitate or use them without Cryptobase’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Cryptobase. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Cryptobase website, any content thereon, the Cryptobase Services, the technology related to the Cryptobase Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Cryptobase and its licensors.
You may not transfer or assign any rights or obligations you have under this Agreement without Cryptobase’s prior written consent. Cryptobase reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
1.6 Notices to You
You agree that Cryptobase may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Cryptobase as described in section 1.7 below. Cryptobase will charge you a Records Request Fee (per section 8) to provide a paper copy. Cryptobase reserves the right to close your Account if you withdraw your consent to receive electronic communications.
1.7 Notices to Cryptobase
Except as otherwise stated below, notice to Cryptobase must be sent by postal mail to: Cryptobase, 2263 NW 2nd Ave Suite 103 Boca Raton, FL, 33431, United States and electronically to firstname.lastname@example.org
1.8 Calls & Texts to You; Mobile Telephone Numbers.
By providing Cryptobase a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls or SMS text messages related to Cryptobase Services at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Profile. In order to use some of our Services, you must create an account with Cryptobase, or provide information sufficient for us to verify your identity each time you use the Services. If you create an Account you agree to: (a) provide accurate, truthful and current information when creating an Account or when using one of our Kiosks; (b) use your Account and the Services only for yourself, not share access with others, and not conduct transactions for others; and (c) promptly notify us if you discover or otherwise suspect any security breaches or misuse related to your account.
To be eligible for the Cryptobase Services, you must be at least 18 years old and a resident of the United States. This Agreement applies only to Users who are residents of the United States. By using the Services, you represent and warrant that you (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the U.S. Office of Foreign Assets Control; and (f) have not been placed on the U.S. Department of Commerce’s Denied Persons List. If you are using the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
2.2 Identity Authentication
You authorize Cryptobase, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. Prior to your use of the Services, you must provide all information requested by Cryptobase at the Kiosk, Kiosk location by a Cryptobase representative, Site, or mobile application, which may include, but not be limited to: name, address, date of birth, social security number, driver’s license, or other government-issued picture ID (“Personal Information”). You acknowledge that Cryptobase, or one of its agents or employees or kiosks, will analyze and validate your identity by reference to the Personal Information to determine whether you qualify to use the Services (“Verification Process”). Your use of the Services may be delayed during the Verification Process, and Cryptobase disclaims responsibility for any loss, delay or other harm relating thereto. If you do not pass the Verification Process, or if you fail to provide any of the information required to access the Services, you will be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us at email@example.com.
2.3 Third Party Permissions
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your Account, either through your use of the third party’s product or service or through the API Access, you acknowledge that Cryptobase may disclose the information about your Account that is specifically authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further you acknowledge and agree that you will not hold Cryptobase responsible for, and will indemnify Cryptobase from, any liability arising from the actions or inactions in connection with the permissions you grant. The following terms apply to any purchase or sale of virtual currency carried out via a Kiosk or Physical Agent Location (each, an “Order”).
3.1 Order Information
You must provide all information requested by Cryptobase through the Kiosk in connection with any order, including: (a) for purchase orders, the amount of U.S. dollars you intend to spend in connection with the purchase and the virtual currency wallet address to which Cryptobase will send the virtual currency you purchase; and (b) for sales orders, the amount of virtual currency you intend to sell. You are solely responsible for the accuracy of any order information you submit.
3.2 Offer Terms
When you place an order you will be able to view the specific terms and conditions applicable to your order which will include: (i) a price at which Cryptobase will purchase or sell virtual currency to you, which include all applicable fees and (ii) for sale transactions only, the Offer expiration time, which is the deadline by which the virtual currency you intend to sell to Cryptobase must be received by Cryptobase or its designated agent. For sale transactions only, you will be shown the offer terms that also contains a QR code with Cryptobase’s virtual currency payment address, and a cash redemption code that is activated subject to fulfillment of the conditions set forth in Section 3.3.
3.3 Order Completion
In order to accept Cryptobase’s offer to purchase or sell virtual currency, you must satisfy any terms and conditions stated in the offer terms, including without limitation, by fulfilling the requirements outlined below. (a) Purchase Order Completion. To complete your purchase of virtual currency from Cryptobase in accordance with the applicable offer terms, you must insert cash into the Kiosk to pay Cryptobase, whereupon Cryptobase will send the amount of virtual currency calculated by the exchange rate specified in the offer terms to the virtual currency wallet address you provide within a reasonable timeframe; however, we cannot guarantee that the virtual currency will be transmitted to your address within any specific timeframe. (b) Sale Order Completion. To complete your sale of virtual currency to Cryptobase in accordance with the applicable offer terms, the following must occur:(i) you must send virtual currency to the virtual currency address we designated in the offer terms (“Payment Address”), (ii) Cryptobase or its designated agent, must confirm its receipt of such virtual currency before the offer expiration time provided in the offer terms expires. If the foregoing steps are successfully completed and all other offer terms are satisfied, then you will be provided U.S. dollars by the agent location in the amount specified in the offer terms or the Kiosk will disburse cash in the amount of U.S. dollars specified in the offer terms when send the required Cryptocurrency to the Cryptobase QR code displayed at the Kiosk. If you do not fulfill all requirements as outlined in the applicable offer terms, Cryptobase will not be bound by such offer terms and the original order will be cancelled. For instance, your order will be cancelled if the timeframe provided in the offer terms expires before you fulfill the steps outlined in this Section. If you send an incorrect amount of virtual currency to the Payment Address, this constitutes a new offer to Cryptobase, superseding the existing offer terms; and Cryptobase in its sole discretion may either cancel the order and return all the virtual currency that you sent in the form of a paper wallet or back to the original address you sent the bitcoin from, net of any network or transaction fees, or accept your new offer as follows: (i) if you send more virtual currency to the Payment Address than specified in the Offer Terms, Cryptobase will honor the offer terms and disburse the excess amount of virtual currency to the address from which you originally sent the cryptocurrency from, net of any network or transaction fees; or (ii) if you send less virtual currency to the Payment Address than specified in the offer terms, Cryptobase will round down your offer as necessary to the closest entry in the then-current rate table and disburse the excess amount of virtual currency to the address from which you originally sent the cryptocurrency from, net of any network or transaction fees. If your sales order is cancelled for any reason and you have submitted virtual currency to Cryptobase, your virtual currency will be returned (net of any network and transaction fees) to the address from which you originally sent the bitcoin from; however, we cannot guarantee that the virtual currency will be transmitted to your address within any specific timeframe. If your purchase order is cancelled and you have inserted U.S. dollars into the Kiosk, your U.S. dollars will be returned, however you must contact support via email at firstname.lastname@example.org immediately. You are responsible for remaining physically present at the Kiosk to receive any cash, receipts, or paper wallets, or to input any required information. Cryptobase is not responsible for your failure to receive any U.S. dollars or virtual currency returned or disbursed in accordance with these terms.
Upon completion of a purchase transaction, you will either be provided with a paper wallet containing your virtual currency, or the virtual currency will be transferred to your designated virtual currency address, and if you will receive a text that contains the offer terms and actual amount of virtual currency purchased from Cryptobase. Upon your placement of a sales order, you will be provided with a QR code on the kiosk screen as mentioned above which contains the Cryptobase wallet address which you need to send the bitcoin to that you wish to sell. After Cryptobase has received your virtual currency, and after Cryptobase has dispensed U.S. dollars to you via one of our Kiosks, you will be provided with a SMS text to your phone number that contains the offer terms and the amount of U.S. dollars dispensed to you.
3.5 Purchase Restrictions
We may, at our discretion, impose limits on the amount of money you can buy, sell or send through the Cryptobase Services, including money you send for purchases. You can view your spending limit by visiting one of our Kiosks. Cryptobase reserves the right to unilaterally amend existing restrictions or implement new restrictions without notice at any time.
3.6 Price Confirmations for Customer Purchase Transactions
An estimated price is displayed at the time a Customer Purchase Transaction is submitted. However, the price at the time a transaction is submitted may be subject to market fluctuations. Cryptobase, at its sole discretion, may choose to require a customer to have a portion of the intended purchase price, or the entire intended purchase price, in cleared funds, prior to placing an order. Should a customer wish to cancel at any point after transaction has been completed at a kiosk, the customer may be liable for cancellation fees as described in this agreement. Should a customer wish to cancel at any point prior to when a transaction has been completed online, the customer may be liable for cancellation fees as described in this agreement.
3.7 Price Confirmations for Customer Sale Transactions
A price is confirmed at the time a customer sale transaction is submitted. The price at the time a transaction is submitted will be locked in, regardless of market fluctuations. Cryptobase, at its sole discretion, may elect to prevent a customer sale transaction from being canceled, for a period of up to twenty-four (24) hours to allow another customer time to remit payment. The customer, in agreeing to these Terms and Conditions, acknowledges that Cryptobase will not be held liable for any potential losses incurred due to market fluctuations during this period.
4.1. Acceptable Methods of Payment
Cryptobase reserves the right to choose to accept or refuse any method of payment, at any time, at its sole discretion.
4.2 Proceeds from Customer Sale Transactions
Payment options for a Customer Sale Transaction are cash only.
5.1 Customer Purchase Transactions
In the event a customer purchase transaction is cancelled (whether by the Customer or by Cryptobase for failure to receive payment in full within the time stipulated above), market loss payments are due from customer to Cryptobase. This fee is calculated based on whether there has been a loss in market value from the time the price is confirmed for a submitted transaction to the time a transaction is cancelled. In the event of market gain, no cancellation fee will be assessed. Under no circumstance is Cryptobase liable to pay customer for changes in the underlying market price.
6.1 Online Balances
Cryptobase does not currently provide the ability to hold funds online. Should we choose to do so in the future, if you hold a Virtual Currency balance online with Cryptobase, Cryptobase will hold your funds separate from its corporate funds and will not use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy.
7.1 How to Close Your Account
You may close your Account at any time by contacting customer service by emailing email@example.com.
7.2 Limitations on Closing Your Account
You may not close your account to evade an investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect Cryptobase or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
8.1 Verification Fee
Cryptobase may at its own discretion charge a one-time verification fee for enrolling customers for the first time into its KYC platform or a third party KYC platform which would check against sanctions lists. This charge will never exceed more than $2.00. This verification charge is non-refundable. By using the website or any kiosk or Cryptobase Service, you acknowledge the existence of the verification fee and agree that the fee is not refundable under any circumstance.
8.2 Exchange Service Fee
A service fee is applied to all exchange transactions and the fee will be communicated to the customer prior to confirmation of the transaction. The transaction value and administrative fee are calculated/quoted in USD for U.S. dollar transactions, and may be calculated/quoted in USD equivalents for transactions in all other currencies, or in the currency of the transaction. The fee will wither be a flat fee or a percentage of the transaction amount.
8.3 Virtual Currency Storage, Liability and Maintenance Fee
A storage fee of .025% of your account balance may be charged to the customer per month for any coins stored with Cryptobase longer than seven days after purchase. To avoid this fee, Customers may transfer digital currency to a non-Cryptobase wallet within seven days of purchasing.
8.4 Cryptobase will only issue refunds at its own discretion. If Cryptobase does issue a refund a 15% processing fee will be charged to the amount of the refund.
Cryptobase has not offered or given and will not provide any investment advice in connection with any customer purchase transaction or customer sale transaction and has not offered or given any opinion with respect to the suitability of any transaction made or which might be made by the Customer. The Customer warrants that Cryptobase has not offered or given any investment advice to Customer in connection with the products and services offered by Cryptobase. In addition, Cryptobase has not given customer any opinion with respect to the suitability of any of its products or services for customer.
9.2 Market Risk
Customers should carefully consider the suitability of digital currency as an investment choice before taking any decisions that may affect their financial situation. Digital currency Balances are not insured by the Federal Deposit Insurance Corporation, National Credit Union Share Insurance Fund, or other similar program and may lose value. The purchase and sale of digital currency involves a high degree of risk and is not suitable for all persons. The purchase and sale of digital currency provides no guarantee of interest, yield or return. Losses may be incurred both as a result of price devaluation and if price gains do not exceed applicable fees, including those charged herein. The customer has read and understands these Terms and Conditions and acknowledges that all risk of decline in the market value of any digital currency is the customer’s risk and not that of Cryptobase. If the customer has any doubt as to the suitability of digital currency as an investment, the customer should contact an independent legal or financial advisor.
10.1 Restricted Activities
In connection with your use of our website, kiosk, any other Cryptobase service or in the course of your interactions with Cryptobase, other Users, or third parties, you will not: Breach this Agreement, the Commercial Entity Agreement, the Acceptable Use Policy or any other agreement or policy that you have agreed to with Cryptobase; Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising); Infringe Cryptobase’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; Sell counterfeit goods; Act in a manner that is defamatory, trade libelous, threatening or harassing; Provide false, inaccurate or misleading information; Send or receive what we reasonably believe to be potentially fraudulent funds; Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us; Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Cryptobase and the Seller, bank or credit card issuer for the same transaction; Control an Account that is linked to another Account that has engaged in any of these Restricted Activities; Conduct your business or use the Cryptobase Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Cryptobase, other users, third parties or you; Integrate the Cryptobase Services in a manner inconsistent with Cryptobase integration guidelines; Allow your Account to have a negative balance; Disclose or distribute another User’s Information to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so; Send unsolicited email to a User or use the Cryptobase Services to collect payments for sending, or assisting in sending, unsolicited email to third parties; Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Cryptobase Services; By accessing and using our service, you agree that you will not violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while using our Service. You further agree that you will abide by these Terms and will not: Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Service, or that could damage, disable, overburden or impair the functioning of our Services in any manner, including any physical damage or defacement of a Kiosk; Use our Services to pay for, support, or otherwise engage in any illegal activities, including, but not limited to illegal gambling; illegally acquired music, movies or other content; sexually-oriented materials or services; fraud; money-laundering; terrorist financing; or the purchase or sale of illegal or controlled substances. Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our services or to extract data; Use any hardware or software to bypass, disable, or interfere with the Services or the Verification Process; Use or attempt to use another user’s account without authorization; Attempt to circumvent any content filtering techniques we employ, or attempt to access any Services or area of our Services that you are not authorized to access; Develop or deploy any third-party applications, software, or hardware that interact with our Services without our prior written consent; Provide false, inaccurate, or misleading information; and Encourage or induce any third party to engage in any of the activities prohibited under these Terms of Sale. Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; Scanning a QR code of a Bitcoin public key address that you do not possess the private keys to.
10.2 Legality Requirements
You must abide by all applicable laws including without limitation; All applicable International, Federal, State and local laws, all applicable money laundering laws and regulations, all applicable money licensing laws and regulations.
11.1 Compliance and Due Diligence
The customer is responsible for complying with all laws of the jurisdiction from which the Customer accesses the Cryptobase Website, Cryptobase kiosks or Cryptobase services and the customer shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction. The customer has carried out reasonable due diligence to ensure that the purchase and sale of digital currency as provided under these Terms and Conditions is not contrary to any laws or regulations of the customer’s governing jurisdiction, and that the acceptance of these Terms and Conditions by the customer and the entering into of a customer purchase transaction or customer sale transaction is not contrary to any federal, provincial, state or any other law or regulation applicable to the customer.
11.2 Protection of Electronic Identification Information
It is the customer’s obligation to ensure that its Electronic Identification Information is kept secret. The customer agrees to keep their Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.
If a customer believes that any transaction or balance recorded in their account is incorrect, the Customer must contact Cryptobase immediately to notify Cryptobase of suspected unauthorized use of customer’s Electronic Identification Information. Customers are responsible for ensuring the accuracy of the information displayed in their account, howsoever accessed. Cryptobase will not be held liable should a customer fail to disclose any unauthorized use of Electronic Identification Information and customer’s Cryptobase accounts.
11.4 Your Liability
You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by Cryptobase, a user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Cryptobase Services. You agree to reimburse Cryptobase, a user, or a third party for any and all such liability.
11.5 Temporary Holds for Disputed Transactions
If a user files a dispute on a transaction you were party to, Cryptobase may place a temporary hold on the funds in your account to cover the amount of the liability. If you win the dispute, Cryptobase will lift the temporary hold. If you lose the dispute, Cryptobase will remove the funds from your Balance.
11.6 Reimbursement for Your Liability
In the event that you are liable for any amounts owed to Cryptobase, Cryptobase may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your account will have a negative balance and you will be required to immediately add funds to your balance to eliminate the negative balance. If you do not do so, Cryptobase may engage in collection efforts to recover such amounts from you.
11.7 Actions by Cryptobase
If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Cryptobase, other Users, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following: We may close, suspend, or limit your access to your account or the Cryptobase Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information); We may contact Users who have purchased goods or services from you, contact your bank or credit card issuer, and/or warn other users, law enforcement, or impacted third parties of your actions; We may update inaccurate Information you provided us; We may refuse to provide the Cryptobase Services to you in the future; We may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and We may take legal action against you.
Cryptobase, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Cryptobase Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
11.8 Account Closure, Termination of Service, or Limited Account Access
If we close your account or terminate your use of the Cryptobase Services for any reason, we will provide you with a general notice of our actions, however we don’t have to provide the specific reason. If we limit access to your account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
11.9 Acceptable Use Policy Violation
User FinesIf you violate the Acceptable Use Policy then we may hold your funds up to 180 Days, fine you up to $2,500.00 USD for each such violation and/or take legal action against you to recover additional losses we incur. You acknowledge and agree that a fine up to $2,500.00 USD is presently a reasonable minimum estimate of Cryptobase’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Cryptobase that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Cryptobase may deduct such fines directly from any existing balance in the offending account, or any other account you control.
11.10 Our Limitation of Liability
IN NO EVENT SHALL CRYPTOBASE, OUR DIRECTORS, AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS (“CRYPTOBASE PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SERVICES, OUR SITE, MOBILE APPLICATION, OR ANY KIOSK, OR ANY ORDER, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM CRYPTOBASE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CRYPTOBASE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CRYPTOBASE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE/ MOBILE APPLICATION OR A KIOSK, ANY PURCHASE OR SALE TRANSACTION OCCURRING VIA THE SERVICES, OR TO THESE TERMS OF SALE, EXCEED THE FEES PAID BY YOU TO CRYPTOBASE (IF ANY) DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. THE CRYPTOBASE PARTIES SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR RELATING TO ANY DATA BREACH AFFECTING THE CRYPTOBASE SERVICE, KIOSK, OR SYSTEMS IF CRYPTOBASE HAD IN PLACE COMMERCIALLY REASONABLE AND STANDARD SECURITY PROCEDURES AT THE TIME OF SUCH BREACH. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
You agree to defend, indemnify, and hold harmless each Cryptobase Party from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services, Site, mobile application, or any Kiosk; (b) your violation of these Terms of Sale; or (c) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
Disputes with Cryptobase
12.1 Contact Cryptobase First
If a dispute arises between you and Cryptobase, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Cryptobase regarding the Cryptobase Services may be reported to Customer Service online through the Cryptobase Customer Portal at any time or emailing firstname.lastname@example.org at any time.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.3 Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in section 12.2 above, you agree that any claim or dispute you may have against Cryptobase must be resolved by a court located in Palm Beach, Florida. You agree to submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Florida, without regard to conflict of law provisions.
12.4 Improperly Filed Litigation
All claims you bring against Cryptobase must be resolved in accordance with section 13 of this Agreement. All claims filed or brought contrary to section 13 shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section 12, Cryptobase may recover attorneys fees and costs (including in-house attorneys and paralegals) up to $10,000.00 USD, provided that Cryptobase has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
12.5 Insolvency Proceedings
If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Cryptobase will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
12.6 No Waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You agree to defend, indemnify and hold Cryptobase, its parent, officers, directors and employees harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Cryptobase Services. Except as otherwise expressly provided, Cryptobase shall not be liable for any loss or damage, whether direct or indirect, resulting from the transactions contemplated by these Terms and Conditions. Cryptobase shall not be liable under any circumstances whatsoever for special, incidental, consequential, indirect or punitive losses or damages (including loss profits or lost savings), whether or not caused by the fault or neglect of Cryptobase and whether or not Cryptobase had knowledge that such losses or damages might be incurred. The limitations and exclusions in this clause shall apply to all claims of whatsoever nature, kind and description, whether arising from breach of contract, delay or non-delivery of services, negligence or otherwise.
12.8 Assumption of Rights
If Cryptobase pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that Cryptobase assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Cryptobase’s discretion.
12.9 Release of Cryptobase
If you have a dispute with one or more Users, you release Cryptobase (and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
13.1 Limitations of Liability
IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE CRYPTOBASE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
13.1.1 Capital Gains/Income Taxes
Cryptobase does not report any customer transactions to the Internal Revenue Service; however, the purchase or sale of digital currency may be considered reportable as taxable income. It is the Customer’s responsibility to contact a financial advisor for further information. Cryptobase will not be held liable for any capital gains or tax implications due to the purchase or sale of digital currency by the Customer.
13.1.2 Technical Issues
184.108.40.206 Electronic Order Entry Risk Disclosure and Disclaimer Cryptobase specifically disclaims any liability or responsibility for orders placed via the Cryptobase online order entry system, for any losses, or direct, indirect, consequential or incidental damages, which the Customer may recognize or incur as a result of the use of the Cryptobase online order entry system. Further, Cryptobase specifically disclaims any liability for the interruption, cancellation or other termination of the Cryptobase online order entry system or any other Cryptobase Services.
All orders placed through the order entry system are taken on a best efforts basis. Cryptobase shall not be responsible for errors, negligence or inability to execute orders. Nor shall Cryptobase be responsible for any delays in the transmission, delivery or execution of Customer’s order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Cryptobase’s reasonable control or anticipation.
220.127.116.11 Possible System Failure
Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The Customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the control of Cryptobase.
13.1.3 Internet Security
Cryptobase adheres to the highest security measures to ensure Customer data is protected against theft, loss, and corruption, and against the misuse and alteration of any Customer data stored on our servers. However, when a Customer accesses their account via a public or unsecured computer terminal or if a Customer chooses to share their account username and password (“Electronic Identification Information”), Cryptobase cannot guarantee the security of account data. Sensitive communication between the Customer and Cryptobase’s Website is always protected via encryption while in transit, using the SSL encryption standard. However, the Customer should be aware that Cryptobase has no control over the privacy of Customer e-mail communications with us. We highly recommend that Customers not include private and sensitive information in e-mails to Cryptobase, including, but not limited to, account numbers, balances, passwords, Electronic Identification Information, etc. Cryptobase will not be held liable for any damages suffered by Customers should they transmit confidential or sensitive information to us through e-mail.
13.1.4 Force Majeure
Cryptobase shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labour disputes, or events or circumstances beyond its reasonable control, but Cryptobase shall use commercially reasonable endeavors to minimize dangers or losses to the Customer as a consequence of such events.
13.1.5 Not Legal, Accounting, Nor Tax Advice
Information provided on Cryptobase’s website is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. Cryptobase is not responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of its website.
13.2 No Warranty
CRYPTOBASE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE THE CRYPTOBASE SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CRYPTOBASE, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cryptobase has little control over the products or services that are paid for with the Cryptobase Services and Cryptobase cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. Cryptobase does not guarantee continuous, uninterrupted or secure access to any part of the Cryptobase Services, and operation of our site may be interfered with by numerous factors outside of our control. Cryptobase will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, check issuances, and Cryptobase are processed in a timely manner but Cryptobase makes no representations or warranties regarding the amount of time needed to complete processing because the Bitcoin Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
13.3 License Grant
If you are using Cryptobase software such as an API, developer’s toolkit or other software application that you have downloaded or subscribed to your computer, device, or other platform then Cryptobase grants you a revocable, non-exclusive, non-transferable license to use Cryptobase’s software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all Cryptobase documentation accompanying the Cryptobase Services. If you do not comply with Cryptobase’s implementation and use requirements you will be liable for all resulting damages suffered by you, Cryptobase and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Cryptobase’s software are owned by Cryptobase. Any third party software application you use on the Cryptobase website is subject to the license you agreed to with the third party that provides you with this software. Cryptobase does not own, control nor have any responsibility or liability for any third party software application you elect to use on the Cryptobase website and/or in connection with the Cryptobase Services. If you are using the Cryptobase Services on the Cryptobase website, or other website or platform hosted by Cryptobase, or a third party, and are not downloading Cryptobase’s software or using third party software applications on the Cryptobase website or Kiosks, then this section does not apply to your use of the hosted Cryptobase Services.
13.4 Complete Agreement
This Agreement, along with any applicable policies and agreements on the Legal Agreements page on the Cryptobase website, sets forth the entire understanding between you and Cryptobase with respect to the Cryptobase Services. Terms, which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13.5 Translated Agreement
Cryptobase may provide you with the ability to translate this Agreement to a language other than English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version