These terms of service (“Terms of Service”) govern the relationship between you (“You” or “Donatee User”) and Consultum Finland Oy, (“Bitcoin Utopia” or “We”) regarding Your use of the Bitcoin Utopia service, featuring a platform for raising cryptocurrency crowd-donations for incentive awards and other science endeavours.
By using the Service You agree to these Terms of Service and accept to be bound by them. In order to make full use of the Service (such as creating a crowd donation campaign or “Campaign”) You are required to register with Bitcoin Utopia and become a registered user of the Service by completing the free sign up process (“Registered User”). For the purposes of these Terms of Service, “You” or “Donatee User” shall include also “Registered User”. Campaign is a part of the Service. During registration You are expected to provide some information about the Campaign such as a title, donation goal and donation length for the Campaign. Bitcoin Utopia will provide the Donatee User -editable WordPress “Campaign Page” for the Campaign. The Campaign Page will be a public web page showing various information about the Campaign, partly provided by Bitcoin Utopia, such as the donation progress bar and graphics, and partly provided by You, such as the description of the Campaign, budget plan of the Campaign, and the pitching video and images. “Campaign Bitcoin Address” is the bitcoin address You will use during the Campaign to receive the donations. Consultum Finland Oy (Bitcoin Utopia) will not own cryptocurrencies donated to the Campaign Bitcoin Address at any point. The ownership of the currencies are immediately transferred from “Donator Users” either to You or to some 3rd party service, usually a cryptocurrency mining pool server or the bitcoin wallet server. The Donator User is a user who donates either by mining cryptocurrencies for the Campaign with his/her computer or sending them directly from his/her cryptocurrency wallet to the Campaign. There is a BOINC server for Donator Users for mining cryptocurrencies for Campaigns located at www.bitcoinutopia.net/bitcoinutopia/. To use that server for mining, one must read, understand, and accept the Terms of Use of that server before starting to use that server for mining.
The Service is provided to You under these Terms of Service for Your donation campaign use. If You do not agree to these Terms of Service, do not use the Service.
Further, You acknowledge that the exchange rates of cryptocurrencies are in a constant change and there is always a risk for cryptocurrencies to lose their monetary value or become illegal to use, and when using cryptocurrencies in any way, You are solely responsible for those risks. Bitcoin Utopia advises You to investigate and review such risks when You plan to use cryptocurrencies in any way prior to using cryptocurrencies.
You become a Registered User of the Service by signing up to the Service, which will enable You to use the Service and Bitcoin Utopia will create a WordPress account for You to edit and maintain the campaign page that runs on Bitcoin Utopia’s server. Your use of the Service is also governed by Bitcoin Utopia’s Privacy Policy which is incorporated herein by reference. Your use of the Service or other Bitcoin Utopia services might also be governed by separate policies, as applicable.
You are solely responsible for all activity on Your Account or Your use of the Service as an unregistered User and for the security of Your equipment. You may not reveal, share or otherwise allow others to use Your login name and password. You agree that You are personally responsible for the use of Your login name and password, and for all of the communication and activity in connection with the Service that results from the use of Your Account using Your login name and password. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account.
Without limiting any other remedies, Bitcoin Utopia may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if Bitcoin Utopia suspects such failure, with any of these Terms of Service or for any actual or suspected illegal or improper use of the Bitcoin Utopia services, without notice to You. You may lose Your user name as a result of account termination or limitation, as well as any benefits, privileges, earned and purchased items associated with Your use of the Service, and Bitcoin Utopia is under no obligation whatsoever to compensate You for any such losses or results.
1. Your Rights
The Service is protected by copyright and other intellectual property laws. Bitcoin Utopia retains ownership of the Service and associated material (if applicable) provided herewith. The Service is licensed to You for use subject to the Terms and Conditions set forth in this Agreement for Your personal and non-commercial use only.
2. User Content and Indemnification
Submitting content is only available to Registered Users. Bitcoin Utopia does not pre-screen or monitor any such content that You as an end-user submit to the Service (“User Content”). Bitcoin Utopia shall have the right (but not the obligation) to remove User Content that fails to comply with these Terms of Service.
The User acknowledges that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions. The User must ascertain and comply with such laws, regulations, conditions or restrictions and reasonably ascertain that the User Content submitted by the User does not contain material that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the intellectual property and/or other rights of others; or that it does not contain viruses or other malicious or harmful code.
The User grants to Bitcoin Utopia a perpetual, irrevocable, worldwide, royalty-free right to use any and all User Content that the User has submitted to the Service in all Bitcoin Utopia’s activities.
The User is solely responsible for any User Content uploaded, posted, transmitted, stored or otherwise made available through the Service. The User agrees to defend, indemnify and hold harmless Bitcoin Utopia, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to Your breach of these Terms and Conditions or portion hereof, or any act or omission by the User relating to the Service (including User Content). Bitcoin Utopia reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.
3. Third-Party Services and Material
The Service contains links to web sites operated by third parties or feature content which is made available in third-party services and enable You to access and use certain third-party services. Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available.
Bitcoin Utopia shall not be responsible for such third-party services and/or content in third-party services.
4. Fees
There are no fees for a Registered User of the Service. Bitcoin Utopia keeps the right to charge Donator Users using the BOINC server (www.bitcoinutopia.net/bitcoinutopia/) with a fee stated in the Terms of Use of the BOINC server.
All the donations sent to the Campaign Bitcoin Address are meant for and only for the purposes as the Registered User has stated in the Campaign Page.
After the Campaign is over, You, as a Registered User of the Service, are eligible to sell the bitcoins in some 3rd party exchange services and withdraw the donations as fiat currency (usually euros or US dollars) or you may keep the bitcoins in the wallet and waiting them to become more valuable.
All donations made through the Service are final and non-refundable. No refund of any fees shall be available.
5. Disclaimer
To the maximum extent permitted by applicable law, except as provided above, BITCOIN UTOPIA MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICE IS LICENSED “AS IS” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
6. Limitation of liability
You understand and acknowledge that Bitcoin Utopia will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system’s performance.
You hereby acknowledge and agree that Bitcoin Utopia shall have no liability whatsoever in connection with or arising from Your use of the Service, as set forth herein. Bitcoin Utopia shall in no event be liable, whether in contract, warranty, tort (including negligence), product liability, but not limited to these, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) in connection with or arising out of the use or inability to use the Service, even in the case that You have been informed of the possibility of such damages. Your only right or remedy regarding any problems or dissatisfaction with the Service is to uninstall it and/or discontinue Your use of it. As it may be, some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
BITCOIN UTOPIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BITCOIN UTOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF BITCOIN UTOPIA IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE WARRANTY AND REMEDY SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
7. Personal Information and Security
The User shall give to Bitcoin Utopia correct personal and other information necessary for the use the Service. The User shall inform Bitcoin Utopia of any changes to such information.
Use of Your personal and other information is governed by Bitcoin Utopia’s Privacy Policy, and You consent to processing Your personal and other information in accordance with the Bitcoin Utopia’s Privacy Policy, including (without limitation) transfer of such data to countries outside the European Union or the European Economic Area in accordance with mandatory legislation and the Bitcoin Utopia’s Privacy Policy.
Bitcoin Utopia shall take appropriate online and physical measures to prevent unauthorized access to, improper use of and the reasonable accuracy of Your personal data submitted to Bitcoin Utopia via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards.
The User shall be liable for all responsible for the User’s own equipment, internet connectivity and software as well as that they do not cause harm to Bitcoin Utopia and/or third parties.
8. Support
Bitcoin Utopia shall have no obligation to provide support or maintenance for the Service under this Agreement. Bitcoin Utopia may, at its sole discretion, provide limited technical support for the Service.
You understand that the Service is an evolving one. As long as Your license for the Service is valid You are entitled to upgrades or updates of the Service. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate Your right to use any previous version. Upgrades and updates may be licensed to You by Bitcoin Utopia with additional or different terms. You may need to update third party software from time to time in order to use the Service.
9. Term and Termination
These Terms of Service shall govern Your use of the Service and related application during the term hereof. Bitcoin Utopia shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to You.
These Terms of Service are in effect for the time being. Your right to use the Service continues until Your right to use the Service is terminated. You may terminate Your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of these Terms of Service. Either You or Bitcoin Utopia has the right to terminate or cancel Your Account at any time. You understand and agree that the cancellation of Your Account is Your sole right and remedy with respect to any dispute with Bitcoin Utopia.
10. General
Bitcoin Utopia may assign or delegate these Terms of Service and/or the Bitcoin Utopia Privacy Policy, in whole or in part, to any person or entity at any time without Your consent. You may not assign or delegate rights or obligations under the Terms of Service or Privacy Policy without Bitcoin Utopia’s prior written consent.
Bitcoin Utopia may publish additional policies related to specific services such as forums or contests. Your right to use such service is subject to those specific policies and these Terms of Service.
These Terms of Service, any supplemental policies of Bitcoin Utopia and any documents expressly incorporated by reference herein (including the Bitcoin Utopia Privacy Policy), contain the entire understanding of You and Bitcoin Utopia, and supersede all prior understanding of the parties.
You and Bitcoin Utopia agree that if any portion of these Terms of Service or if the Bitcoin Utopia Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without the remaining provisions of the terms, which shall continue to be in full force and effect.
Bitcoin Utopia reserves the right to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any given time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point You do not agree to any portions of then-current version of our Terms of Service, Bitcoin Utopia Privacy Policy, or any other Bitcoin Utopia policy, rules or codes of conduct relating to Your use of the Service, Your license to use the Service shall immediately terminate, and You must immediately stop using the Service. Please check the Service on a regular basis so that You remain aware of the then-current Terms of Service.
11. Dispute Settlement and Applicable Law
These Terms of Service shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions. All disputes relating to the Service and these Terms of Service shall be settled at District Court of Helsinki, Finland having the sole jurisdiction.