The xCoins logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of xCoins or its licensors or users and are protected by U.S. and international copyright laws.
3. Use of Information and Materials
Unauthorized use of the xCoins web site and systems including but not limited to unauthorized entry into xCoins's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. By using the Service, you represent that you have not been previously suspended or removed from the Site or Service.
All information and materials submitted to xCoins via this site shall be deemed and remain the property of the Company and xCoins shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides xCoins through this site. xCoins shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the xCoins entity having the direct customer relationship or as otherwise specifically agreed or required by law.
5. No Solicitation or Advice
None of the information contained on the Site constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service.
You acknowledge that you are not relying on the Company or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The Company does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other Users. You agree that the Company and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.
6. No Warranty
The Company makes no warranties, expressed or implied, and does not guarantee that each borrower will be matched with a lender. The materials on the Site are provided "as is" and "as available" without any warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise related to such materials or on any sites linked to this site. The Company does not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. The Company may discontinue or make changes in the content and site at any time without notice to you and without any liability to you. Any dated information is published as of its date only, and the Company does not undertake any obligation or responsibility to update or amend any such information. The Company reserves the right to terminate any or all site services without notice.
7. Revisions and Errata
The materials appearing on the Site could include technical, typographical or photographic errors. The Company does not warrant that any of the materials on its website is accurate, complete or current. The Company may make changes to the materials contained on its website at any time without notice. The Company does not, however, make any commitment to update the materials.
8. Limitation of Liability
In no event will xCoins be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if xCoins, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
By using the system, you assume all risks including, but not limited to loss of funds due to system failure, payment processing failure, hacker attacks, unauthorized access, or other causes, failure of a borrower to repay the loan in full or in part, failure of a lender to transfer bitcoin, failure of a lender to return the security deposit, all losses and damages incurred from payment reversals and chargebacks by borrowers.
9. Authorized User
The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful.
This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. By offering this site and information, or any products or services via this site, no distribution or solicitation is made by xCoins to any person to use this site, or such information, products or services in jurisdictions where the provision of this site and such information, products and services is prohibited by law.
11. Prohibited Activities
The following activities are barred from the Services and the Site ("Prohibited Activities"). By opening an account with the Company, you confirm that you will not perform the following Prohibited Activities:
- Reversing a payment with PayPal, a credit card company or a bank, or with any other payment system.
- Using a payment method, which belongs to another person.
- Opening an account in someone else's name.
- Opening multiple accounts.
- Using the services offered on the Site in jurisdictions, where prohibited by law.
12. Affiliate Program
xCoins pays commission to its affiliates for referred users as described on the Affiliates page. By signing up as an affiliate or by engaging in referring users to the xCoins website, you agree that you will not:
- Use any of the materials published on the xCoins website without express written permission of the Company, except the material designated for affiliate use, such as the affiliate banners;
- Create websites or social media pages, which are confusingly similar to the official xCoins website or social media pages;
- Make false statements such as promising nonexistent discounts to users, etc.;
- Buy pay-per-click advertising for keywords "XCOINS" or "XCOINS.IO";
- Engage in any advertising technique that can be considered spam;
- Open multiple accounts and refer yourself.
All xCoins affilaites are independent contractors and not employees, agents, partners, or legal representatives, of the Company. Affiliates are responsible for all United States, state, or foreign taxes. xCoins does not withhold any taxes from affiliates.
The Company reserves the right to terminate the agreement with any affiliate engaged in activities, which the Company deems, at its sole discretion, as damaging to its brand or image. In addition, the Company may change the terms of the affiliate program, including the commission percentage at any time without notice. The Company may also terminate this Agreement and cease commission payments at any time without notice with or without cause, at the Company's absolute discretion.
This Agreement is effective until terminated by the Company. The Company may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, at the Company's absolute discretion. All the provisions of this Agreement shall survive termination of your use or access to the Site.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.
15. Dispute Resolution
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted pursuant to the Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall include the assessment of costs, expenses, and reasonable attorneys' fees.
This Agreement encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties.
If a clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this Agreement will continue in effect.