CoinMap Terms of Use

Last updated: January 6, 2020

These Terms of Use govern your access to and your use of our Website (as defined below) including, but not limited to, the access to and use of a map displaying cryptocurrency ATMs and merchants accepting cryptocurrencies as payment that is open for community editing by users of the Website (the "Map"). By accessing or using our Website, you agree to be bound by any rules set out herein without any reservations. These Terms of Use constitute a legally binding agreement from the moment you access our Website. If you do not fully agree with these Terms of Use, you may not access the Website and therefore you must leave the Website immediately. As we are constantly improving our Website, we may have to change or amend these Terms of Use occasionally. You should check these Terms of Use regularly to see when they were last updated (the date of the last update is always listed at the top). If you continue to use the Website after you have learned of any changes or amendments hereto, you are deemed to have accepted these amendments and changes.

1. DEFINITIONS
   1. Any capitalized terms used herein shall have the meaning given to them in the “Definitions” section unless explicitly stated otherwise. "we" or "Invity" refer to the commercial company Invity.io s.r.o., Id. No. 083 88 032, with its registered office at Kundratka 2359/17a, Libeň, 180 00 Prague 8, Czech Republic, registered by the Municipal Court in Prague, Section C, Insert 318166. "you" or "User" refer to anyone, whether legal or natural person, accessing and using our Website. "Website" refers to the https://coinmap.org/ website and any subdomains thereof.
   2. The section headings in these Terms of Use are for convenience only and shall not govern the meaning or interpretation of any terms and clauses herein.
2. USER ACCOUNT
   1. To access some sections of the Website or to use some of its features you may be required to log in to your user account. You will have the option to login using different methods such as logging in with your Facebook, Google, Twitter or GitHub accounts. If you choose to do so, you will allow the respective account provider to grant us an access to some of your personal information (such as your name).
   2. You are solely responsible for all activities that occur from your user account and/or in connection therewith. Therefore, you acknowledge that you are responsible for protection of your password, computer, smartphone, or other devices used to access the Website; and for any activity that occurs under your user account due to your failure to do so.
   3. We reserve a right to refuse service or to delete your user account and to remove or edit content submitted by you in any section of the Website without prior notice and/or without any reason, unless specified otherwise herein. In such case the information listed and accessible in your user account and respective sections of the Website may be lost.
3. AVAILABILITY
   1. We seek to provide continuous uninterrupted Website operation, so you can access and use the Website at any time. However, you acknowledge that due to maintenance, repairs or exceptional outages we cannot guarantee uninterrupted availability of the Website. Under no circumstances are we liable for any damage incurred by you as a consequence of the Website unavailability.
   2. Without prejudice to the above we are not obliged to maintain the Website availability, if temporarily or permanently prevented by vis maior - an event or circumstance that is extraordinary, unforeseeable and unpreventable by usual means and with proper care, and that occurred independently of our will; such vis maior event is, among other things, a serious hacking attack.
4. WARRANTIES AND LIABILITY

   Warranties and Liability Limitation

   1. The Website is offered to you on “as is” and “where-available” basis and therefore we expressly disclaim any warranties, express or implied, relating to the Website including but not limited to merchantability and suitability for any particular purpose.
   2. You acknowledge that as a feature the Users may be able to add new venues into the Map, rate (or provide other forms of feedback) the existing venues and to edit the information on the existing venues. We attempt to review the submitted information as much as possible and we attempt to delete the information that are apparently false or incorrect, however, you acknowledge that we do so voluntarily, and we are under no legal obligation to do so and we assume no legal liability for any contents of the Map or accuracy thereof.
   3. We shall not under any circumstances be held liable to you for any direct, indirect, special, consequential, punitive or any other damages and costs including but not limited to loss of profit, loss of revenue, loss of business opportunity arising out of or in connection with your access and use or inability to access and use of the Website.
   4. Pursuant to certain laws it may not be possible to disclaim our liability and warranties completely. In such cases we hereby disclaim our liability and warranties to the fullest extent permissible by such law. You acknowledge, that if you are a consumer some of the liability and warranty limitations may not apply to you depending on your country of residence.

   Financial Risk

   5. Under no circumstances shall any information within the Website or provided to you by us constitute financial, investment or professional advice, unless explicitly stated so.
   6. You are solely responsible for your decisions regarding storing, buying, selling, exchanging, sending and receiving cryptocurrency coins and you shall always consider your financial circumstances and associated risks before obtaining coins of any cryptocurrency.
   7. You represent that you understand all the risks involved in purchasing, selling, exchanging, sending and receiving cryptocurrency coins. You represent in particular that you understand that the value of cryptocurrency coins may be extremely volatile and that its exchange rate in respect to other cryptocurrencies or to fiat currencies may fluctuate significantly, which could lead to significant and sudden decreases in the value of your cryptocurrency assets.
   8. You consider that not all the associated risks of using cryptocurrencies are identified in these Terms of Use.

   Personal Data

   9. The collection of your personal data in connection to the Website use shall be as limited as possible. Any collection, storage and handling of your personal data shall be governed by a separate set of terms on handling the personal data of Users, which shall be published on the Website.
5. ONLINE CONDUCT
   1. If you submit any information to us through the Website, including, but not limited to, the information submitted when editing the Map or when providing the feedback to some of the venues in the Map you represent such information is true, accurate and complete.
   2. You agree to comply with any applicable laws, regulations and requirements that may govern your access to and use of our Website and agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law.
   3. We reserve the right to without having to give a reason in our sole discretion to prohibit, remove or request the removal of any User content from the Website.
   4. We may disclose any User content or electronic communication of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary or appropriate to operate the Website; or to protect the rights or property of Invity its associates, our customers and/or you.
   5. You must not attempt to introduce viruses or other malicious or harmful material to the Website or its visitors, to gain unauthorized access to the Website or servers connected to the Website or the servers storing the Website, or to attack our Website via a DoS or DDoS attack.
   6. We may offer a possibility to communicate on our Website via forums, comments, feedback forms etc. In such case you are solely responsible for any communication you post on our Website. The views expressed by you or other Users of the Website may not be our views or values.
   7. For any information, like email addresses, shipping contacts or other information or data including text and pictures sent, transmitted, or uploaded by you on the Website that are subject to intellectual property rights including trademarks or copyrights, you agree to grant us and our contractors and business partners a free, non-exclusive, transferable, license to use, copy, digitally store, and distribute such User content and to prepare derivative works based on, or incorporate into other works also for commercial purposes, for the duration of the intellectual property rights.
   8. Our Website is in English language only. Any other language version of the Website is not official translation and we may not be held liable for any discrepancies in translation.
6. COPYRIGHT
   1. You acknowledge that the Website may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music and other material (collectively as the "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights.
   2. Except as expressly stated herein or on the Website in the API section thereof, you are not allowed to change, alter, reproduce, distribute, republish, display, post, send, transmit or otherwise use (including “mirroring” and “framing” on other devices or servers) the Content or any portion of the Website itself in any form or by any means without prior written permission of Invity or the copyright owner (if different from Invity).
   3. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use the Website or any Content except when expressly stated so.
   4. You are hereby granted a limited, revocable, non-exclusive right to access, view and use the Website and its Content for your personal, non-commercial use only. On any copies of the Website or the Content you make, the proprietary notices must be kept. This right to access, view and use (license) terminates automatically if you breach any part of these Terms of Use. Upon termination you are obliged to destroy any copies of the Website and/or Content in your possession.
   5. You may not use any of our Content to link third parties to the Website or any other website unless we approve it.
7. LINKS
   1. We are not responsible for the content of any websites that may be linked to from the Website. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Website is independent from us, and we have no control over the content of that other website.
   2. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website, unless stated otherwise. In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
   3. You may link to the homepage of our Website in a fair and legal way that does not damage our reputation or suggests any form of association or approval on our part where there is none. We reserve a right to forbid any linking to our Website.
8. COMMUNICATION
   1. You can contact us electronically via tools available on our Website or via the email address [email protected]. Any electronic communication is considered as delivered when we confirm its delivery to you.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
   1. You agree that the laws of the Czech Republic, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Invity in connection herewith and with your access and us of the Website. This choice of law clause does not deprive the consumer of their rights under mandatory provisions of the law of their country of habitual residence in the event that such law would otherwise be applicable pursuant to the Article 6 (1) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
   2. Any dispute relating in any way to these Terms of Use and to your access and use of the Website shall be decided with final effect before the courts of the Czech Republic, in particular before the District Court for Prague 8 and (in the event that the regional court decides as a first instance court) before the Municipal Court in Prague. Should you have violated or threatened to violate Invity´s intellectual property rights in any manner, Invity may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts.
   3. You agree to notify us of any disputes arising out of or in connection with these Terms of Use or with your access to and use of our Website without undue delay. You furthermore undertake to attempt out-of-court resolution of any disputes before you bring your claims to the above-mentioned courts.
10. FINAL PROVISIONS
    1. If any clause of these Terms of Use is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, the legality, validity and enforceability of the other clauses hereof shall not be affected. In the event that any clause or part thereof is determined to be illegal, invalid or unenforceable, that clause shall be replaced by the Parties with a legal, valid and enforceable clause that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable clause, given the content and purpose of these Terms of Use.
    2. You may not assign or transfer any of your rights or obligations assumed under these Terms of Use or in any other way related hereto without our prior written consent.
    3. All the provisions of these Terms of Use that by their nature extend beyond the termination of mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of the mutual legal relationship between the Parties.

Issued in Prague on January 6, 2020