"Digital Media" - digital content provided by Publishers to Buyers through a purchase transaction facilitated by Bitmenu, Inc.
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.
Copyright Information and Infringement
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.
Trade Marks and Trade Names
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.
Disclaimer of Warranties and Limitation of Liability
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.
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":
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Bitmenu, Inc. website that in any way affects the use, enjoyment or service of the Bitmenu, Inc. website, or adversely affects Bitmenu, Inc.'s computers, servers or databases.
- Engage in any action that Bitmenu, Inc. determines is detrimental to others' use and enjoyment of the Bitmenu, Inc. website.
- Capture, download, save, upload, or otherwise retain information and content available on or through the Bitmenu, Inc. website or its affiliations other than what is expressly allowed by these Terms.
- Permit or provide others access to your account or Bitmenu, Inc.'s services or Digital Media using your username or password or otherwise.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content or Digital Media available on the Bitmenu, Inc. website, except as may otherwise be allowed by law.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content or Digital Media available on the Bitmenu, Inc. website.
- Transfer the Bitmenu, Inc. website content or Digital Media to another person other than allowed by law; "frame," "mirror," "in-line link," or employ similar navigational technology to the Bitmenu, Inc. website content; or "deep link" to the Bitmenu, Inc. website content.
- Violate or attempt to violate Bitmenu, Inc.'s security mechanisms, Access any data or server you are not authorized to Access; or otherwise breach the security of the Bitmenu, Inc. website or corrupt the Bitmenu, Inc. website in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device or other means to harvest information about other Buyers or Publishers.
- Use the Bitmenu, Inc. website to violate a third party's intellectual property, personality, publicity or confidentiality rights.
- Misrepresent your identity or personal information when using the Bitmenu, Inc. website or obtaining Digital Media.
- Post obscene, defamatory, objectionable or illegal material on the Bitmenu, Inc. website or make it otherwise available through Bitmenu, Inc.'s services.
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.
Termination of Service
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.
Extent of Terms
No Waiver of Terms
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.
Governing Law and Entire Agreement