cryptohunt Terms of
Service
Last Updated: March 21st 2022
Welcome,
and thank you for your interest in cryptohunt, brought to you by Aircooled Ventures Inc. (“cryptohunt,” “we,”
or “us”) and our website at www.cryptohunt.it, along with our
related websites and other services provided by us (collectively, the “Service”).
These Terms of Service are a legally binding contract between you and cryptohunt
regarding your use of the Service.
PLEASE READ THE
FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING,
INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU
HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU
AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CRYPTOHUNT’S
PRIVACY POLICY AT https://www.cryptohunt.it/privacy AND OTHER POLICIES
REFERENCED BELOW (TOGETHER, THESE “TERMS”).
IF YOU ARE NOT ELIGIBLE, OR DO
NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.
YOUR USE OF THE SERVICE, AND CRYPTOHUNT’S
PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CRYPTOHUNT AND BY YOU
TO BE BOUND BY THESE TERMS.
Arbitration NOTICE. Except for certain kinds of
disputes described in Section 17, you agree that disputes arising under these Terms will be
resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND
CRYPTOHUNT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN
ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1.
Cryptohunt
Service Overview. The Service provides information regarding
projects in the crypto space (“Projects”). The Service includes a forum
where users can interact with other users to ask and answer questions, leave
reviews, and otherwise discuss different Projects. Projects may be claimed by
their owners or creators (“Owners”), who may receive some additional
rights regarding the Project. Owners may offer a “Learn and Earn” opportunity
for their Project where users earn rewards (“Rewards”).
3.
Accounts
and Registration. To access many features of the Service, you must
register for an account. When you register for an account, you may be required
to provide us with some information about yourself, such as your name, email
address, phone number, digital wallet information, or other contact information.
When you register as the Owner of a Project, you may be required to provide
certain authentication information as requested by cryptohunt. You agree that
the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to
date at all times. When you register, you will be asked to create a password.
You are solely responsible for maintaining the confidentiality of your account
and password, and you accept responsibility for all activities that occur under
your account. If you believe that your account is no longer secure, then you
should immediately notify us at support@cryptohunt.it.
4.
Learn
and Earn. Certain Projects may offer you a Learn and Earn opportunity with
the possibility of earning Rewards.
Learn and Earn opportunities and any rewards are subject to our Learn
and Earn Policy available at https://www.cryptohunt.it/learnpolicy.
5.2
License
Restrictions. Except and solely to the extent such a restriction is
impermissible under applicable law, you may not: (a) reproduce, distribute,
publicly display,
publicly perform, or create derivative works of the Service; (b) make
modifications to the Service; or (c) interfere with or circumvent any feature
of the Service, including any security or access control mechanism. If you are
prohibited under applicable law from using the Service, then you may not use
it.
7.
Third-Party
Terms
7.1
Third-Party
Services and Linked Websites. Cryptohunt may provide tools through the
Service that enable you to export information, including User Content, to
third-party services, including through features that allow you to link your
account on the Service with an account on the third-party service, such as
Twitter or Facebook, or through our implementation of third-party buttons (such
as “like” or “share” buttons). By using one of these tools, you hereby
authorize that cryptohunt to transfer that information to the applicable
third-party service. Third-party services are not under cryptohunt’s
control, and, to the fullest extent permitted by law, cryptohunt is not
responsible for any third-party service’s use of your exported information. The
Service may also contain links to third-party websites. Linked websites are not
under cryptohunt’s control, and cryptohunt is not
responsible for their content. Please be sure to review the terms of use and
privacy policy of any third-party services before you share any User Content or
information with such third-party services. Once sharing occurs, cryptohunt
will have no control over the information that has been shared.
7.2
Third-Party
Software. The Service may include or incorporate third-party software
components that are generally available free of charge under licenses granting
recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”).
Although the Service is provided to you subject to these Terms, nothing in
these Terms prevents, restricts, or is intended to prevent or restrict you from
obtaining Third-Party Components under the applicable third-party licenses or
to limit your use of Third-Party Components under those third-party licenses.
8.
User
Content
8.1
User
Content Generally. Certain features of the Service may permit users to submit,
upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews,
photos, video or audio (including sound or voice
recordings and musical recordings embodied in the video or audio), images,
folders, data, text, and any other works of authorship or other works (“User Content”). You retain any
copyright and other proprietary rights that you may hold in the User Content
that you Post to the Service, subject to the licenses granted in these Terms.
8.4
You Must
Have Rights to the Content You Post; User Content Representations and
Warranties. You must not Post User Content if you are not the owner of or
are not fully authorized to grant rights in all of the elements of that User
Content. Cryptohunt disclaims any and all liability in connection with User
Content. You are solely responsible for your User Content and the consequences
of providing User Content via the Service. By providing User Content via the
Service, you affirm, represent, and warrant to us that:
(a)
you are the creator and owner of the User
Content, or have the necessary licenses, rights, consents, and permissions to
authorize cryptohunt and users of the Service to use and distribute your User Content
as necessary to exercise the licenses granted by you in this Section, in the
manner contemplated by cryptohunt, the Service, and these Terms;
(b)
your User Content, and the Posting or other use
of your User Content as contemplated by these Terms, does not and will not: (i)
infringe, violate, misappropriate, or otherwise breach any third-party right,
including any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property, contract, or
proprietary right; (ii) slander, defame, libel, or invade the right of
privacy, publicity or other property rights of any other person; or (iii) cause
cryptohunt to violate any law or regulation or require us to obtain any further
licenses from or pay any royalties, fees, compensation or other amounts or
provide any attribution to any third parties; and
(c)
your User Content could not be deemed by a
reasonable person to be objectionable, profane, indecent, pornographic,
harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.5
User
Content Disclaimer. We are under no obligation to edit or control User
Content that you or other users Post and will not be in any way responsible or
liable for User Content. Cryptohunt may, however, at any time and without prior
notice, screen, remove, edit, or block any User Content that in our sole
judgment violates these Terms, is alleged to violate the rights of third
parties, or is otherwise objectionable. You understand that, when using the
Service, you will be exposed to User Content from a variety of sources and
acknowledge that User Content may be inaccurate, offensive, indecent, or
objectionable. You agree to waive, and do waive, any legal or equitable right
or remedy you have or may have against cryptohunt with respect to User Content.
If notified by a user or content owner that User Content allegedly does not
conform to these Terms, we may investigate the allegation and determine in our
sole discretion whether to remove the User Content, which we reserve the right
to do at any time and without notice. For clarity, cryptohunt does not permit
infringing activities on the Service.
8.6
Monitoring
Content. Cryptohunt does not control and does not have any obligation to
monitor: (a) User Content; (b) any content made available by third parties; or
(c) the use of the Service by its users. You acknowledge and agree that cryptohunt
reserves the right to, and may from time to time, monitor any and all
information transmitted or received through the Service for operational and
other purposes. If at any time cryptohunt chooses to monitor the content, then cryptohunt
still assumes no responsibility or liability for content or any loss or damage
incurred as a result of the use of content. During monitoring, information may
be examined, recorded, copied, and used in accordance with our Privacy Policy
(defined below). Cryptohunt may block, filter, mute, remove or disable access
to any User Content uploaded to or transmitted through the Service without any
liability to the user who Posted such User Content to the Service or to any
other users of the Service.
9.1
Text
Messaging. You agree that cryptohunt and those acting on our behalf may send
you text (SMS) messages at the phone number you provide us. These [messages may
include operational messages about your use of the Service. Text messages may
be sent using an automatic telephone dialing system. Standard data and message
rates may apply whenever you send or receive such messages, as specified by
your carrier. IF YOU WISH TO OPT OUT OF ALLTEXT MESSAGES FROM CRYPTOHUNT, YOU
CAN EMAIL SUPPORT@CRYPTOHUNT.IT OR
TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES,
HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT
YOUR USE OF THE SERVICE. You may continue to receive text messages for a short
period while we process your request, including a message confirming the
receipt of your opt-out request.
9.2
Email.
We may send you emails concerning our products and services, as well as those
of third parties. You may opt out of promotional emails by following the unsubscribe
instructions in the promotional email itself.
10.1
use the Service for any illegal purpose or in
violation of any local, state, national, or international law;
10.2
harass, threaten, demean, embarrass, bully, or
otherwise harm any other user of the Service;
10.3
violate, encourage others to violate, or provide
instructions on how to violate, any right of a third party, including by
infringing or misappropriating any third-party intellectual property right;
10.4
access, search, or otherwise use any portion of
the Service through the use of any engine, software, tool, agent, device, or
mechanism (including spiders, robots, crawlers, and data mining tools) other
than the software or search agents provided by cryptohunt;
10.5
interfere with security-related features of the
Service, including by: (i) disabling or circumventing features that prevent or
limit use, printing or copying of any content; or (ii) reverse engineering
or otherwise attempting to discover the source code of any portion of the
Service except to the extent that the activity is expressly permitted by
applicable law;
10.6
interfere with the operation of the Service or
any user’s enjoyment of the Service, including by: (i) uploading or
otherwise disseminating any virus, adware, spyware, worm, or other malicious
code; (ii) making any unsolicited offer or advertisement to another user
of the Service; (iii) collecting personal information about another user
or third party without consent; or (iv) interfering with or disrupting any
network, equipment, or server connected to or used to provide the Service;
10.7
perform any fraudulent activity including
impersonating any person or entity, claiming a false affiliation or identity,
accessing any other Service account without permission, or falsifying your age
or date of birth;
10.8
knowingly post false or misleading information
regarding any Project;
10.9
sell or otherwise transfer the access granted
under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials;
or
10.10
attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts
described in this Section 10.
11.1
Respect
of Third Party Rights. Cryptohunt respects the intellectual property rights
of others, takes the protection of intellectual property rights very seriously,
and asks users of the Service to do the same. Infringing activity will not be
tolerated on or through the Service.
Aircooled
Ventures Inc.
Attn: Legal Department (IP Notification)
3967 22nd Street
San Francisco, CA 94114
Email: ip-infringement@cryptohunt.it
11.3
Procedure
for Reporting Claimed Infringement. If you believe that any content made
available on or through the Service has been used or exploited in a manner that
infringes an intellectual property right you own or control, then please
promptly send a written “Notification
of Claimed Infringement” to the Designated Agent identified above
containing the following information:
(a)
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other right
being infringed;
(b)
a description of the copyrighted work or other
intellectual property right that you claim has been infringed;
(c)
a description of the material that you claim is
infringing and where it is located on the Service;
(d)
your address, telephone number, and email
address;
(e)
a statement by you that you have a good faith
belief that the use of the materials on the Service of which you are
complaining is not authorized by the copyright or other intellectual property
right owner, its agent, or the law; and
(f)
a statement by you that the above information in
your notice is accurate and that, under penalty of perjury, you are the
copyright or other intellectual property right owner or authorized to act on
the copyright or intellectual property owner’s behalf.
11.4
Repeat
Infringers. Cryptohunt’s policy is to:
(a) remove or disable access to material that cryptohunt believes in good
faith, upon notice from an intellectual property rights owner or authorized
agent, is infringing the intellectual property rights of a third party by being
made available through the Service; and (b) in appropriate circumstances, to
terminate the accounts of and block access to the Service by any user who
repeatedly or egregiously infringes other people’s copyright or other
intellectual property rights. Cryptohunt will terminate the accounts of users
that are determined by cryptohunt to be repeat infringers. Cryptohunt reserves
the right, however, to suspend or terminate accounts of users in our sole
discretion.
11.5
Counter
Notification. If you receive a notification from cryptohunt that material
made available by you on or through the Service has been the subject of a Notification
of Claimed Infringement, then you will have the right to provide cryptohunt
with what is called a “Counter
Notification.” To be effective, a Counter Notification must be in
writing, provided to cryptohunt’s Designated Agent
through one of the methods identified in Section 11.2, and include
substantially the following information:
(a)
your physical or electronic signature;
(b)
identification of the material that has been
removed or to which access has been disabled and the location at which the
material appeared before it was removed or access to it was disabled;
(c)
a statement under penalty of perjury that you
have a good faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be removed or disabled; and
(d)
your name, address, and telephone number, and a
statement that you consent to the jurisdiction of Federal District Court for
the judicial district in which the address is located, or if you are residing
outside of the United States, then for any judicial district in which cryptohunt
may be found, and that you will accept service of process from the person who
provided notification under Section 11.2 above or an agent of
that person.
A
party submitting a Counter Notification should consult a lawyer or see 17
U.S.C. § 512 to confirm the party’s obligations to provide a valid counter
notification under the Copyright Act.
11.6
Reposting
of Content Subject to a Counter Notification. If you submit a Counter
Notification to cryptohunt in response to a Notification of Claimed
Infringement, then cryptohunt will promptly provide the person who provided the
Notification of Claimed Infringement with a copy of your Counter Notification
and inform that person that cryptohunt will replace the removed User Content or
cease disabling access to it in 10 business days, and cryptohunt will replace
the removed User Content and cease disabling access to it not less than 10, nor
more than 14, business days following receipt of the Counter Notification,
unless cryptohunt’s Designated Agent receives notice
from the party that submitted the Notification of Claimed Infringement that
such person has filed an action seeking a court order to restrain the user from
engaging in infringing activity relating to the material on cryptohunt’s
system or network.
11.7
False
Notifications of Claimed Infringement or Counter Notifications. The
Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny
person who knowingly materially misrepresents under [Section 512 of the
Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing,
or (2) that material or activity was removed or disabled by mistake or
misidentification, will be liable for any damages, including costs and
attorneys’ fees, incurred by the alleged infringer, by any copyright owner or
copyright owner’s authorized licensee, or by a service provider, who is injured
by such misrepresentation, as the result of [Company] relying upon such
misrepresentation in removing or disabling access to the material or activity
claimed to be infringing, or in replacing the removed material or ceasing to
disable access to it.” Cryptohunt reserves the right to seek damages from any
party that submits a Notification of Claimed Infringement or Counter
Notification in violation of the law.
13.
Term, Termination, and Modification of the Service
13.1
Term.
These Terms are effective beginning when you accept the Terms or first
download, install, access, or use the Service, and ending when terminated as
described in Section 13.2.
13.4
Modification
of the Service. Cryptohunt reserves the right to modify or discontinue all
or any portion of the Service at any time (including by limiting or
discontinuing certain features of the Service), temporarily or permanently,
without notice to you. Cryptohunt will have no liability for any change to the
Service, including any paid-for functionalities of the Service, or any suspension or termination of your
access to or use of the Service. You should retain copies of any User
Content you Post to the Service so that you have permanent copies in the event
the Service is modified in such a way that you lose access to User Content you
Posted to the Service.
14.
Indemnity. To
the fullest extent permitted by law, you are responsible for your use of the
Service, and you will defend and indemnify cryptohunt, its affiliates and their
respective shareholders, directors, managers, members, officers, employees,
consultants, and agents (together, the “cryptohunt
Entities”) from and against every claim brought by a third party, and
any related liability, damage, loss, and expense, including attorneys’ fees and
costs, arising out of or connected with: (1) your unauthorized use of, or
misuse of, the Service; (2) your violation of any portion of these Terms, any
representation, warranty, or agreement referenced in these Terms, or any
applicable law or regulation; (3) your violation of any third-party right,
including any intellectual property right or publicity, confidentiality, other
property, or privacy right; or (4) any dispute or issue between you and any
third party. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you
(without limiting your indemnification obligations with respect to that
matter), and in that case, you agree to cooperate with our defense of those
claims.
15.1
THE SERVICE AND ALL MATERIALS AND CONTENT
AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE”
BASIS. CRYPTOHUNT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE
THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;
AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CRYPTOHUNT
DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY
MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED,
SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CRYPTOHUNT DOES NOT WARRANT THAT ANY OF
THOSE ISSUES WILL BE CORRECTED.
15.2
NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CRYPTOHUNT
ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE
ANY WARRANTY REGARDING ANY OF THE CRYPTOHUNT ENTITIES OR THE SERVICE THAT IS
NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY
DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR
DEALING WITH ANY OTHER SERVICE USER. NO PART OF THE SERVICE IS INTENDED TO BE
INTERPRETED AS, AND YOU ACKNOWLEDGE THAT CRYPTOHUNT DOES NOT PROVIDE ANY
INVESTMENT ADVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE
SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR
ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE
USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER
CONTENT.
15.3
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN
THIS SECTION 15
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Cryptohunt does not disclaim any
warranty or other right that cryptohunt is prohibited from disclaiming under
applicable law.
16.1
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO
EVENT WILL THE CRYPTOHUNT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE
LOSS) ARISING OUT OF OR RELATING
TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR
ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT ANY CRYPTOHUNT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF
DAMAGE.
16.2
EXCEPT AS PROVIDED IN SECTIONS 17.5
AND 17.6
AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CRYPTOHUNT
ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE
ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT,
TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE
PAID TO CRYPTOHUNT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR
TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
16.3
EACH
PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES
ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF
THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE
TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
17.1
Generally.
Except as described in Section 17.2
and 17.3,
you and cryptohunt agree that every dispute arising in connection with these
Terms, the Service, or communications from us will be resolved through binding
arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is
less formal than a court proceeding, may allow for more limited discovery than
in court, and is subject to very limited review by courts. This agreement to
arbitrate disputes includes all claims whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, and regardless of
whether a claim arises during or after the termination of these Terms. Any
dispute relating to the interpretation, applicability, or enforceability of
this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO
THESE TERMS, YOU AND CRYPTOHUNT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
OR TO PARTICIPATE IN A CLASS ACTION.
17.3
Opt-Out.
If you do not wish to resolve disputes by binding arbitration, you may opt out
of the provisions of this Section 17 within 30 days after
the date that you agree to these Terms by sending a letter to Aircooled Ventures Inc., Attention: Legal Department –
Arbitration Opt-Out, 3967 22nd Street, San Francisco, CA 94114 that specifies:
your full legal name, the email address associated with your account on the
Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once cryptohunt
receives your Opt-Out Notice, this Section 17 will be void and any
action arising out of these Terms will be resolved as set forth in
Section 18.2. The remaining
provisions of these Terms will not be affected by your Opt-Out Notice.
17.4
Arbitrator.
This arbitration agreement, and any arbitration between us, is subject the
Federal Arbitration Act and will be administered by the American Arbitration
Association (“AAA”) under its Consumer Arbitration Rules
(collectively, “AAA Rules”) as modified by these Terms. The AAA
Rules and filing forms are available online at www.adr.org, by calling the AAA
at +1-800-778-7879, or by contacting cryptohunt.
17.5
Commencing Arbitration. Before initiating
arbitration, a party must first send a written notice of the dispute to the
other party by certified U.S. Mail or by Federal Express (signature required)
or, only if that other party has not provided a current physical address, then
by electronic mail (“Notice of
Arbitration”). Cryptohunt’s address for Notice is: Aircooled
Ventures Inc., 3967 22nd Street, San Francisco, CA 94114. The Notice
of Arbitration must: (a) identify the name or account number of the party
making the claim; (b) describe the nature and basis of the claim or dispute;
and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve
the claim directly, but if the parties do not reach an agreement to do so
within 30 days after the Notice of Arbitration is received, you or cryptohunt
may commence an arbitration proceeding. If you commence arbitration in
accordance with these Terms, cryptohunt will reimburse you for your payment of
the filing fee, unless your claim is for more than US$10,000 or if cryptohunt
has received 25 or more similar demands for arbitration, in which case the
payment of any fees will be decided by the AAA Rules. If the arbitrator finds
that either the substance of the claim or the relief sought in the Demand is
frivolous or brought for an improper purpose (as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees
will be governed by the AAA Rules and the other party may seek reimbursement
for any fees paid to AAA.
17.7
Arbitration Relief. Except as provided in
Section 17.8,
the arbitrator can award any relief that would be available if the claims had
been brough in a court of competent jurisdiction. If the arbitrator awards you
an amount higher than the last written settlement amount offered by cryptohunt before
an arbitrator was selected, cryptohunt will pay to you the higher of: (a) the
amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award
shall be final and binding on all parties, except (1) for judicial review
expressly permitted by law or (2) if the arbitrator's award includes an award
of injunctive relief against a party, in which case that party shall have the
right to seek judicial review of the injunctive relief in a court of competent
jurisdiction that shall not be bound by the arbitrator's application or
conclusions of law. Judgment on the award may be entered in any court having
jurisdiction.
17.9
Modifications
to this Arbitration Provision. If cryptohunt makes any substantive change
to this arbitration provision, you may reject the change by sending us written
notice within 30 days of the change to cryptohunt’s
address for Notice of Arbitration, in which case your account with cryptohunt
will be immediately terminated and this arbitration provision, as in effect
immediately prior to the changes you rejected will survive.
17.10
Enforceability.
If Section 17.8 or
the entirety of this Section 17 is
found to be unenforceable, or if cryptohunt receives an Opt-Out Notice from
you, then the entirety of this Section 17
will be null and void and, in that case, the exclusive jurisdiction and venue
described in Section 18.2
will govern any action arising out of or related to these Terms.
18.1
General Terms. These Terms, including the
Privacy Policy and any other agreements expressly incorporated by reference
into these Terms, are the entire and exclusive understanding and agreement
between you and cryptohunt regarding your use of the Service. You may not
assign or transfer these Terms or your rights under these Terms, in whole or in
part, by operation of law or otherwise, without our prior written consent. We
may assign these Terms and all rights granted under these Terms, including with
respect to your User Content, at any time without notice or consent. The
failure to require performance of any provision will not affect our right to
require performance at any other time after that, nor will a waiver by us of
any breach or default of these Terms, or any provision of these Terms, be a
waiver of any subsequent breach or default or a waiver of the provision itself.
Use of Section headers in these Terms is for convenience only and will not
have any impact on the interpretation of any provision. Throughout these Terms
the use of the word “including” means “including but not limited to.” If any
part of these Terms is held to be invalid or unenforceable, then the
unenforceable part will be given effect to the greatest extent possible, and
the remaining parts will remain in full force and effect.
18.6
Contact Information. The Service is offered by Aircooled Ventures Inc., located at 3967 22nd
Street, San Francisco, CA 94114. You may contact us by sending correspondence
to that address or by emailing us at support@cryptohunt.it.
18.7
Notice to
California Residents. If you are a California resident, then under
California Civil Code Section 1789.3, you may contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,
Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to
resolve a complaint regarding the Service or to receive further information
regarding use of the Service.
18.8
No
Support. We are under no obligation to provide support for the Service. In
instances where we may offer support, the support will be subject to published
policies.
18.9
International
Use. The Service is intended for visitors located within the United States.
We make no representation that the Service is appropriate or available for use
outside of the United States. Access to the Service from countries or
territories or by individuals where such access is illegal is prohibited.