LAST MODIFIED ON 08/21/2019
TERMS OF SALE
Certain products, services, and digital content may from time to time be made available to you by BitMovio in connection with the BitMovio Service. By purchasing products, services, or digital content, including any purchases made as a gift or tip to another user, through the BitMovio Service (“Ancillary Products and Services”), you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase, as incorporated into the Terms of Service (“Terms of Sale”).
These Terms of Sale are subject to change without prior written notice, in BitMovio’s sole discretion. If BitMovio changes these Terms of Sale, and we provide notice, we may do so by sending an email, posting a notice on the BitMovio Service or updating the “Last Updated” date above. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchases made after such changes are posted on the BitMovio Service. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the BitMovio Service.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on the BitMovio Service, you must be a registered BitMovio Service user and comply with these Terms of Sale (including the Terms of Service. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. BitMovio sells its Ancillary Products and Services only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on the BitMovio Service only with the permission of a parent or guardian. BitMovio reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
The Ancillary Products and Services that BitMovio may offer, on a promotional basis or for purchase, includes MoviBits and may include certain digital content (e.g., virtual items, animated emoticons etc) that allow users to celebrate moments and express appreciation for specific creators or content owners on the BitMovio Service. The Ancillary Products and Services may also include certain BitMovio rewards or benefits provided to Users, in the form of MoviBits or otherwise. Your use of such content and/or rewards is subject to the Terms of Service as well as the MoviBits Acceptable Use Policy.
Except insofar as MoviBits only may be used within the BitMovio Service to, among other things, rent or purchase content and tip and gift content creators, such digital content has no monetary value (i.e., are not a cash account or equivalent), does not constitute currency or property of any type, and cannot be sold or transferred to other Users, and, except through a valid “cash out” made by a content creator in accordance with the MoviBits Acceptable Use Policy, cannot be exchanged for cash or for any other goods and services.
Although BitMovio may share revenue generated from the sale of digital content with the content owner or creator receiving the digital content subject to the agreement solely between BitMovio and the content owner or creator, such digital content (other than MoviBits) is not intended to be used as a means to provide financial support to the content owner or creator, and BitMovio makes no assurances to any User that any content owner or creator receiving such digital content will receive a revenue share.
BitMovio does not guarantee that digital content will be available at all times or at any given time. BitMovio does not guarantee that we will continue to offer digital content for any particular length of time. BitMovio may modify digital content at our sole discretion, and BitMovio may immediately suspend or terminate digital content for any or no reason, in our sole discretion, and without advance notice or liability.
BitMovio reserves the right to change and update our inventory of digital content without notice. BitMovio further reserves the right to deactivate a User from any BitMovio service for any reason or no reason. Once a User has been deactivated, any digital content accumulated by that User will be forfeited and may not be reinstated, with the exception of MoviBits accumulated in an amount equal to no less than $100, which shall be returned to such User.
When you make or receive the gift of a purchase on the BitMovio Service, you have immediate access to, and use of, the Ancillary Products and Services you have purchased. Accordingly, except as detailed below, you lose your right to cancel once you have made your purchase, and we do not offer any refunds or credits. BitMovio reserves the right to modify this refund policy as set forth below at any time. Unless otherwise specified, games, in-game items, and other digital goods are not returnable after purchase.
Payment Method and Terms
We currently accept major credit cards, certain debit cards, Ether and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the BitMovio Service, you authorize BitMovio, or its designated payment processor, to charge the account you specify for the purchase amount.
PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase.
BitMovio may impose an additional transaction fee based on transactions associated with BitMovio Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
When you use the BitMovio Service to make payments to creators or content owners using virtual currency (e.g., Ether), or if you are a content owner or creator receiving such payments, any virtual currency that you store with us is stored in a custodial virtual currency wallet that is managed by BitMovio. BitMovio holds the private key that is associated with this wallet, which is necessary to send virtual currency from the wallet to an external virtual currency address. We will provide you with a unique virtual currency address associated with the BitMovio custodial wallet to which you can send virtual currency that you wish to store using our service.
In order to withdraw virtual currency that you stored using the BitMovio service, you must log into your account and use BitMovio’s online tools on our website. When you withdraw virtual currency from or deposit virtual currency to the BitMovio custodial wallet, your transactions are public; as they are confirmed via public ledger using the distributed consensus network for that virtual currency.
Because the public distributed consensus networks that are used to confirm transactions of your virtual currency are decentralized networks of independent third-parties, BitMovio has no control over them, and therefore cannot and does not ensure that any deposit to or withdrawal from the BitMovio custodial wallet will be confirmed on these networks. You acknowledge and agree that the deposit and withdrawal requests you submit via the BitMovio Services may not be completed, or may be substantially delayed, by the distributed consensus network for that virtual currency. When you complete a transaction request via the BitMovio Services, you authorize us to submit your transaction request to the distributed consensus network in accordance with the instructions you provide via the BitMovio Services.
BitMovio may impose limits on the amount of virtual currency that you can store or withdraw using the BitMovio Services in any single day. BitMovio, in its sole discretion, may change the limitations as it deems necessary or appropriate from time to time.
Once a transaction to withdraw virtual currency from your account to an external virtual currency address has been submitted to the public distributed consensus network for that virtual currency via the BitMovio Services, you will not be able to cancel or otherwise modify your transaction request. BitMovio has no ability to facilitate any cancellation or modification requests. As a result, all withdrawal requests initiated via the BitMovio Services are irreversible.
Your purchase and enjoyment of Ancillary Products and Services may be subject to additional third-party legal terms. For example, we may make available end user license agreements of third-party game developers and publishers with respect to the sale of digital games and in-game content on the BitMovio Services. You are bound by such third-party legal terms and we encourage you to read them.
With respect to Ancillary Products and Services you purchase in connection with the BitMovio Service, you acknowledge and agree that upon making such Ancillary Products and Services available to you (or to their intended authorized recipients), BitMovio will have fully satisfied its obligation to deliver or otherwise provide such products, services or digital content, regardless of any failure or inability to use such products, services or digital content.
Service Descriptions and Availability, Errors
BitMovio and its suppliers and licensors continually upgrade and revise the BitMovio Service to provide you with new Ancillary Products and Services. BitMovio may revise, discontinue or modify Ancillary Products and Services at any time without prior notice to you, and Ancillary Products and Services may become unavailable without notice. BitMovio shall have no liability of any kind if an Ancillary Service that has been ordered is unavailable. If necessary, BitMovio reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service or digital content is unavailable. We attempt to be as accurate as possible and eliminate errors on the BitMovio Service; however we do not warrant that any Ancillary Products and Services or description, photograph, pricing or other information of a product, service or digital content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the BitMovio Service, in an order confirmation, in processing an order, delivering an Ancillary Product or Service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. BitMovio reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any products, services, or digital content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and BitMovio reserves the right to collect such taxes or other fees from you at any time.
THE BITMOVIO SERVICE AND ANY ANCILLARY SERVICES OR ANY OTHER SERVICES MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BITMOVIO AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS (“BITMOVIO PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BITMOVIO CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR SERVICES. BITMOVIO DOES NOT REPRESENT OR WARRANT THAT ANY ANCILLARY PRODUCTS AND SERVICES OR OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY ASPECT OF THE BITMOVIO SERVICES, INCLUDING, WITHOUT LIMITATION, THE ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
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, or any affiliation therewith, by BitMovio. Nothing in these paragraphs will operate to exclude or limit warranties or liabilities which may not be excluded or limited under applicable law.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BITMOVIO OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT, EVEN IF BITMOVIO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BITMOVIO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BITMOVIO FOR THE ANCILLARY PRODUCT OR SERVICE FROM WHICH THE CLAIM AROSE, BUT IN NO CASE WILL THE BITMOVIO’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO BITMOVIO FOR THE ANCILLARY SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BITMOVIO, REGARDLESS OF THE CAUSE OF ACTION.
Governing Law; Venue and Jurisdiction
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BITMOVIO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BITMOVIO.
You and BitMovio agree to arbitrate any dispute arising from these Terms of Sale or your use of the BitMovio Service, except that you and BitMovio are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and BitMovio agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to BitMovio shall be sent to BitMovio, Inc., Attn: General Counsel, 2225 East Bayshore Road, Suite 100, Palo Alto, CA 94303. You and BitMovio further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and BitMovio will not commence against the other a class action, class arbitration or other representative action or proceeding.
You will indemnify, defend and hold harmless BitMovio, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any products, services or digital content, or any violation of this Agreement or of any law or the rights of any third party.
BitMovio, Inc. is the seller of record of Ancillary Products and Services unless otherwise disclosed in connection with a particular Ancillary Product or Service. These Terms of Sale, along with the Terms of Service, constitute the entire agreement between you and BitMovio regarding purchases you make on the BitMovio Service, superseding any prior agreements between you and BitMovio relating to such purchases. The failure of BitMovio to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Service shall be controlling.
Please contact Customer Service for more information, or write to:
2225 East Bayshore Road, Suite 100
Palo Alto, CA 94303