TheCoinState Terms of Use
These Terms of Use (the “Terms”) govern your access to and use of this website, thecoinstate.com (the “Website”), and associated content, software and applications (collectively, the “Service”). These Terms also include our Privacy Policy, which is located at thecoinstate.com/privacy.
The Service is administered and maintained by TheCoinState. The terms “we”, “us” and “our” also refer to TheCoinState. The term “you” refers to the person visiting this Website.
Please read these Terms carefully. They contain important information regarding your legal rights, including limitations on TheCoinState’s and certain third parties’ liability, disclaimers of warranties and a submission to jurisdiction. Each time you access the Service by any means (for example, through the Internet or on a mobile device), you irrevocably agree to comply with the version of the Terms posted on this Website at the time you access this Website. You may not use the Service if you do not agree to these Terms.
Eligibility
License
You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by TheCoinState.com, its third-party providers and other respective owners, if any.
TheCoinState provides content through the Service that is copyrighted and/or trademarked work of TheCoinState.com or TheCoinState.com’s third-party licensors and suppliers (collectively, the “Content”). For clarity, Content shall include all such content accessed by you at any time. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by TheCoinState.com and such third parties through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of TheCoinState.com and such others. Accordingly, you shall protect the proprietary rights of TheCoinState and all others having rights in the Service during and after the term of this agreement and comply with all reasonable written requests made by TheCoinState to protect its and others’ contractual, statutory, and common law rights in the Service.
Subject to these Terms, and your compliance with these Terms, TheCoinState.com hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.
Prohibited Activities
- Copy, modify or create derivative works of the Service or any Content;
- Copy, manipulate or aggregate any Content (including data) for the purpose of making it available to any third party;
- Trade, sell, rent, loan, lease or license any Content or access to the Service, whether commercially or free of charge;
- Use or introduce to the Service any data mining, crawling, “scraping”, robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor or copy any portion of the Service, or download or store Content (unless expressly authorized by thecoinstate.com).
- Make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Service or any server or network connected to the Service or negatively affects the quality or availability of any Content, or speed or functionality of the Service;
- Introduce a virus, Trojan horse, worm, time bomb or other malware to the Service, or use any device, software or routine to bypass any software or hardware that prohibits volume requests for information;
- Violate, bypass or circumvent any security measure intended to limit or prevent access to the Website, Content or Service; or otherwise attempt to gain unauthorized access to the Service, any Content or to any computer systems or networks connected to the Service or any thecoinstate.com server, whether through hacking, password mining, unauthorized use of another’s password/credentials or any other means;
- Restrict, inhibit or interfere with use of the Service by any other user (including by hacking or defacing the Website);
- Introduce or otherwise distribute through the Website any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data or personal information of ours or any third party;
- Make use of any of our trademarks, service marks, trade names or logos or those of any third party displayed on the Website; or modify or remove any copyright or other proprietary notice in the Content;
- Use the Website, Content or Services for or in connection with any activity that (i) violates any law, statute, ordinance or regulation, including without limitation, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), or (ii) involves proceeds of any unlawful or illegal activity.
Additionally, you acknowledge and agree that you (and not thecoinstate.com) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software and services needed for you to access and use the Service, and paying all charges related thereto.
Ownership and Intellectual Property
As between thecoinstate and you, all Content is owned or controlled by thecoinstate.com. , its logo, and, except as noted below, all other product or service names or slogans displayed on the Service are registered and/or common law trademarks of thecoinstate.com or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of thecoinstate.com or the applicable trademark holder. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of thecoinstate.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of thecoinstate.com. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by thecoinstate.com
Nothing contained in these Terms grants you any interest in any of TheCoinState’s or any third-party’s intellectual property.
The use or misuse of thecoinstate.coms trademarks or other intellectual property, except as expressly permitted by these Terms, is prohibited. You shall promptly notify thecoinstate.com at contact@thecoinstate.com if you know or suspect that any of thecoinstate.com’s or its providers’ intellectual property rights has been violated or infringed.
“thecoinstate” and all related logos, trademarks, service marks and trade names are solely the property of thecoinstate.com. The absence of a name, logo or other mark herein does not constitute a waiver of any and all intellectual property rights that thecoinstate.com has established. Other trademarks, names or logos used on the Website are property of their respective owners. You are not authorized to use any of the foregoing.
You acknowledge that thecoinstate.com and/or its providers own the copyright in and to all Content under the laws of the United States and other countries, and have reserved all rights in and to such Content.
Linking to the Service from Your Website
- The Link shall display only the following text: “thecoinstate.com” or “thecoinstate.com” or “Link to thecoinstate.com”;
- Your Site shall not contain any content that is unlawful, threatening, abusive, libelous, defamatory or otherwise inappropriate, as determined by us in our sole discretion;
- The look and feel of all content that accompanies the Link or is on the same page as the Link (for example, the entire article in which the Link appears, even if it is not all on the same page as the Link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with thecoinstate’s name, reputation or any of its trademarks, trade names or service marks, as determined by thecoinstate.com in its sole discretion;
- No content on Your Site shall contain any information that, in our sole discretion, may create the false impression that you, Your Site or any other website, service, person or entity is associated with, sponsored by or otherwise endorsed by thecoinstate.com, or that any activity engaged in by you or anyone else has been approved by thecoinstate.com.
Feedback
This section does not apply to information supplied by you to the Service that can identify you personally. TheCoinState believes in protecting your privacy. Please visit thecoinstate.com/privacy to review our current Privacy Policy, which also governs your use of the Service, to understand our practices.
If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to thecoinstate.com whether by letter, email, telephone or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to thecoinstate.com all right, title, and interest in, and thecoinstate.com is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that thecoinstate.com is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. TheCoinState may use aggregated and statistical data derived from Website usage.
Disclaimers and Limitation of Liability
THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY TheCoinState OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY TheCoinState . CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO CONTENT ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. TheCoinState EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. TheCoinState DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. CONTENT ON THE SERVICE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF TheCoinState.
The Content provided on the Service is submitted toTheCoinState by unrelated third-party providers. TheCoinState does not review all Content for accuracy, does not review Content for completeness or reliability, and does not warrant or guarantee the accuracy, completeness, reliability or any other aspect of any Content.
THE SERVICE AND THE CONTENT PUBLISHED WITHIN THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. TheCoinState DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE SERVICE OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICE OR THE CONTENT. TheCoinState MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE OR ANY CONTENT, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION. THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TheCoinState DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SERVICE, ITS SERVERS, OR ANY EMAIL SENT FROM TheCoinState, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TheCoinState HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TheCoinState ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL TheCoinState (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SERVICES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SERVICE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TheCoinState HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TheCoinState (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF $100.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnification
Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless TheCoinState and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of, relating to or in connection with: (i) your use (or misuse) of and access to the Service or Content; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule or regulation; (d) any claim that any information provided by you to TheCoinState in connection with the Website, including the Content, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that you have with any third party relating to or in connection with the Service or Content. TheCoinState reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TheCoinState in asserting any available defenses and in the conduct of such defense.
Third Party Websites
When you leave the Website, whether via a link contained on the Website or through the use of your web browser or other navigational tool, the information you view is not provided by us. Our terms and policies do not govern your use of third-party websites. We are not responsible for, have no control over and do not monitor or review the content of any other website. A link to a third-party website does not imply sponsorship, approval, affiliation or endorsement by TheCoinState of the linked third-party website or of that third party’s products or services.
YOU AGREE THAT TheCoinState WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Modification of the Website
At any time and in TheCoinState’s sole discretion, TheCoinState may (in whole or in part) modify, suspend or discontinue the Service and/or any Content without notice, for any reason. We shall have no liability to you or to any third party for any such modification, suspension or discontinuance.
Changes to these Terms
Enforcement
The remedies available to TheCoinState in these Terms are cumulative and in addition to any others available to TheCoinState. TheCoinState may seek all remedies available to it at law and in equity for any violation of these Terms. TheCoinState may suspend, terminate or block your access to the Service (in whole or in part) for any violation or suspected violation as we determine, without notice to you. Your violation of these Terms shall be considered a breach of contract.
Governing Law; Submission to Jurisdiction
You acknowledge that any breach of either of the sections above titled “Prohibited Activities” or “Ownership and Intellectual Property” would cause immediate and irreparable harm to TheCoinState, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to TheCoinState at law or in equity, TheCoinState shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.
General
These Terms (and any other terms or agreements referenced herein, including our Privacy Policy, which is located at TheCoinState.com/privacy), constitute the entire agreement between you and TheCoinState relating to your use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and TheCoinState with respect to the Service. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and TheCoinState and/or its affiliates as a result of these Terms or use of the Service.
In no event shall TheCoinState be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TheCoinState without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
