PLEASE READ VERY CAREFULLY THESE TERMS OF USE BEFORE USING BITMENU SERVICES OR BITMENU WEBSITE. USE OF THE BITMENU SERVICES OR BITMENU WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE BITMENU SERVICES OR WEBSITE.
"Buyer" - an authorized user eligible to use Bitmenu, Inc.'s services to purchase or subscribe to specified Digital Media online and users of Bitmenu, Inc.'s website or services who do not have accounts. Buyers are subject to these Terms of Use, as well as all other rules, policies and obligations established for the site and referred to herein.
"Publisher" - a distributor of digital media with an active, current Publisher Supply Agreement with Bitmenu, Inc. enabling Bitmenu, Inc. to facilitate the online sale of digital media through a secure payment and delivery system. Publishers are subject to these Terms of Use and the Publisher Supply Agreement, as well as all other rules, policies and obligations established for the site and referred to herein.
"Digital Media" - digital content provided by Publishers to Buyers through a purchase transaction facilitated by Bitmenu, Inc.
Please read our Privacy Policy. It explains how personal information is treated. You agree to the use of your information, including personal information, pursuant to Bitmenu, Inc.'s Privacy Policy.
You understand that Digital Media made available by Bitmenu, Inc., or to which you have been exposed by using its services or website, is a product of the efforts of others unaffiliated with Bitmenu, Inc. and does not necessarily represent the view of Bitmenu, Inc. Bitmenu, Inc. assumes no responsibility for the accuracy, suitability, or completeness of any such content provided. You understand that Bitmenu, Inc. has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that Bitmenu, Inc. endorses or is affiliated with any third-party website. You agree that Bitmenu, Inc. bears no responsibility or liability for any content accessed or harm caused from any Digital Media, other content or any third-party website. Contributed content should be relevant to the subject scope of Bitmenu, Inc. and conform to its Terms of Use and any applicable Publisher Supply Agreement. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
Bitmenu, Inc. does not pre-screen or regularly review any contributed Digital Medial or content, but Bitmenu, Inc. has the right (though not the obligation) to remove, without notice, any content posted which Bitmenu, Inc. considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. Bitmenu, Inc. may terminate any account, with or without notice, for posting such content.
Bitmenu, Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Bitmenu, Inc. as part of its services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Bitmenu, Inc., in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Bitmenu, Inc., in writing.
Unless Bitmenu, Inc. has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
All of the content and Digital Media on or made available on, through or with the assistance of this site, or compiled on the site, including, but not limited to, text, metadata, podcasts, downloads, graphics, logos, icons, images audio or video clips and software is owned by third parties or Publishers who supply Digital Media and protected by the United States and international copyright laws. All software used on the site is owned by Bitmenu, Inc. or its suppliers and also is protected by the United States and international copyright laws.
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
Unless you have agreed otherwise in writing with Bitmenu, Inc., nothing in these Terms or other policies of Bitmenu, Inc. gives you any right to use any of Bitmenu, Inc.'s protected names, marks, logos, domains, brands or features except as expressly allowed by these terms.
You acknowledge and agree to indemnify and hold Bitmenu, Inc. and its affiliates, officers, employees, shareholders, directors and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.
THIS WEBSITE AND ALL CONTENT HEREIN OR TO WHICH ACCESS IS FACILITATED IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BITMENU, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BITMENU, INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
BITMENU, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, FROM PURCHASES OR SUBSCRIPTIONS SECURED THROUGH THE SITE, OR FROM THE PUBLICATION OF DIGITAL MEDIA MADE AVAILABLE THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL BITMENU, INC. OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF BITMENU, INC., ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF BITMENU, INC., ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Whether as a Buyer or Publisher, you expressly agree to refrain from doing, either personally or through an agent, any of the following "Prohibited Conduct":
In order to ensure that Buyers and Publishers do not engage in Prohibited Conduct, Bitmenu, Inc. reserves the right to monitor use of the Bitmenu, Inc. website and services and reserves the right to revoke or deny access to any person or entity whose use suggests Prohibited Conduct. Access of the materials available through Bitmenu, Inc. beyond that of normal patterns of use that suggests improprieties will result in revocation or denial of Buyer's or Publisher's account and all rights in connection therewith. The terms "normal patterns" and "abuse" shall be determined solely by Bitmenu, Inc.
Bitmenu, Inc. reserves the right to change, at any time, at our sole discretion, the Terms under which these services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the services constitutes your agreement to all such Terms.
Bitmenu, Inc. disclaims all responsibility and liability for the availability, timeliness, security or reliability of the services or any software or Digital Media provided through the services. Bitmenu, Inc. reserves the right to modify, suspend, or discontinue the services or access to the services without any notice at any time and without any liability to you.
The Terms of Use apply to use of and contribution to the Bitmenu, Inc. website and services, your status as Buyer or Publisher and any account provided therefore. Bitmenu, Inc. may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
Failure of Bitmenu, Inc. to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
These Terms are governed by the laws of the State of California, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms of Use, and the policies and procedures referred to herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.