Welcome to the Bitcoin Solutions, LLC, (doing business as and referred to in these terms of service as “mybitcards.com™”) website and our Terms of Service (“Terms”). These Terms are important and affect your legal rights, so please read them carefully.
These Terms do not alter the terms or conditions of any other agreement you may have with us in terms of any products, services or otherwise. If you are using the Sites or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
1. Registration, Account and Communication Preferences
By creating a mybitcards.com™ account, you also consent to receive electronic communications from mybitcards.com™ (e.g., via email or by posting notices to the Sites or Services). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
2. Digital Currency, Gift Cards, and Wallets
Digital Currency describes any and all virtual currencies, cryptocurrencies, and digital assets offered by mybitcards.com™, primarily referring to Bitcoin. Gift Cards refer to electronic or physical gift cards you buy using fiat currency and can redeem for Bitcoin. Wallet describes the destination public key where you would like us to send your Bitcoin.
3. Buy Price, Exchange Rate and Sell Price
Buy Price refers to the Digital Currency price in terms of fiat currency at the time you purchase the mybitcards.com™ Gift Card. Exchange Rate refers to the price at the time we acquire bitcoin. Our bitcoin is purchased through various exchanges, over the counter, and other sources. Bitcoin prices published online will vary depending on supply, demand, and origination costs.
4. Sale Order
Your Sale Order will be recorded as complete and closed after mybitcards.com™ receives your fiat currency from your Gift Card, and then sends you Digital Currency to your destination wallet.
You are responsible to maintain your own taxes. Mybitcards.com™ will not provide any 1099 for the transaction at the end of the year and accepts no responsibility to report your taxes. Should mybitcards.com™ be served a subpoena by the IRS, we will deliver any and all information requested of us. You are responsible to comply with any and all tax laws in your jurisdiction, and we recommend seeking advice from a licensed tax professional.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray mybitcards.com™ or any of our products or services such as gift cards in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time.
Mybitcards.com™ may provide links to other websites or resources. Because mybitcards.com™ has no control over such sites and resources, you acknowledge and agree that mybitcards.com™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that mybitcards.com™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
7. Third-Party Content
We may display content from third parties through the Sites and Services (collectively, “Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that mybitcards.com™ is not responsible or liable in any manner for such interactions or Third-Party Content.
8. User Conduct
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 accessing or using the Sites or Services. You agree that you will abide by these Terms and will not:
- Provide false or misleading information to mybitcards.com™.
- Use or attempt to use another user’s account without authorization from such user and mybitcards.com™.
- Use the Sites or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or Services, or that could damage, disable, overburden or impair the functioning of the Sites or Services in any manner.
- Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the Sites or Services.
- Reverse engineer any aspect of the Sites or Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites or Services.
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites or Services that you are not authorized to access.
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated interface not authorized by us to access the Sites and Services, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
- Use data collected from our Sites and Services to contact individuals, companies, or other persons or entities.
- Use data collected from our Sites and Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing) or
- Use the Sites or Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about mybitcards.com™, the Sites or the Services (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of mybitcards.com™. Mybitcards.com™ shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless mybitcards.com™, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all actual or alleged mybitcards.com™ Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of another. You agree to promptly notify mybitcards.com™ of any third-party Claims and cooperate with the mybitcards.com™ Parties in defending such Claims. You further agree that the mybitcards.com™ Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities mybitcards.com™ forth in a written agreement between you and mybitcards.com™.
Mybitcards.com™ makes no warranties of any kind as to the expected returns that consumers may expect from purchasing our gift card(s). By agreeing to these terms you acknowledge and accept you are completely responsible for protecting your account information related to mybitcards.com™ including but not limited to gift cards, gift card codes, funding methods, passwords, email addresses, telephone numbers, and all other information that may be deemed personal information.
Except as expressly provided to the contrary in a writing by mybitcards.com™, the services and the mybitcards.com™ content contained therein are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Mybitcards.com™ disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the services and mybitcards.com™ content contained therein. Due to the nature of the cryptocurrency space, mybitcards.com™ cannot represent or warrant that mybitcards.com™ content is entirely accurate, complete, reliable, current or error-free. If a user identifies erroneous content, we encourage them to report it to us immediately.
Some jurisdictions may not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
Mybitcards.com™ makes no warranties, express or implied, with respect to such third-party products, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose. In no event will mybitcards.com™ be liable for any incidental, consequential, or cover damages arising out of your use of or inability to use third party services or any amount in excess of the amount paid by you for the service that gives rise to any claim.
We reserve the right to change any and all content and to modify, suspend or stop providing access to the Sites or Services (or any features or functionality of the Sites or Services) at any time without notice and without obligation or liability to you.
Reference to any products, services, processes, gift cards, or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
12. Limitation of Liability; Release
To the fullest extent permitted by applicable law, in no event shall mybitcards.com™ or any of the other mybitcards.com™ parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of gift cards or securities, or damages for business interruption) arising out of or in any way related to the access or use of the sites or gift cards or content or the use of any service or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from mybitcards.com™, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to mybitcards.com™’ records, gift cards, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of mybitcards.com™ arising out of or in any way related to these terms, the access to and use of the sites, services and materials, gift cards or any products or services purchased from us exceed the amount of $1.00 usd per wallet. Damages and restitution are payable in usd as opposed to cryptocurrency.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
13. Modifications to the Sites and Services
We reserve the right, in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Sites (or any features or parts thereof, such as gift cards) or the provision of the Services at any time and without liability therefore.
14. Dispute Resolution; Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with mybitcards.com™ limits the manner in which you can seek relief from us.
15. Governing Law and Venue
These Terms, your access to and use of the Sites and gift cards and your use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Pennsylvania.
17. Unclaimed Gift Cards
mybitcards.com™ reserves the right to consider your gift card funds unclaimed if mybitcards.com™ is unable to contact you or has no record of you using your mybitcards.com™ gift card for several years. mybitcards.com™ may be required by law to report and deliver your funds to the jurisdiction as unclaimed property. Mybitcards.com™ reserves the right, as permitted by law, to charge a dormancy fee or other related fees from unclaimed gift card(s) or gift card fund(s).
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and mybitcards.com™ relating to your access to and use of the Sites and your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be altered or assigned by you without the prior written consent of mybitcards.com™.
Questions about these terms can be directed to mybitcards.com™ by email at email@example.com.