Terms of Service
YOUR ACCESS TO THIS SITE IS SUBJECT TO THE FOLLOWING BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING https://89Classifieds.com, ITS SUB-DOMAINS, AND ANY ASSOCIATED WEB-BASED AND MOBILE APPLICATIONS (collectively, the “Site”, and all services delivered through the Site, the “Services”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS THE SITE.
These terms and conditions are an agreement (this “Agreement”) between you (“you”) and Cutecommerce Inc. (“89Classifieds”), an international business company incorporated in Delaware that owns all rights to this Site and the name 89Classifieds (“89Classifieds”). “We”, “us” or “89Classifieds” means 89Classifieds. The effective date of this Agreement is when you accept or are deemed to have accepted this Agreement as set forth herein.
THE RISK OF LOSS IN TRADING OR HOLDING BITCOIN AND/OR LITECOIN, DOGECOIN, BITCOINCASH and other cryptocurrencies (TOGETHER, “COIN”) CAN BE SUBSTANTIAL.YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING OR HOLDING COIN IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.IN CONSIDERING WHETHER TO TRADE OR HOLD COIN, YOU SHOULD BE AWARE THAT THE PRICE OR VALUE OF COIN CAN CHANGE RAPIDLY, DECREASE, AND POTENTIALLY EVEN FALL TO ZERO.
- Services. The Services consist of: (i) the sale of Coins to you by us (each, a “Sale”) or the purchase of Coins by us from you (each, a “Purchase” and collectively with the Sales, the “Transactions”), and (ii) grant of access to you of certain tools to assist in your storage, use and understanding of the Coins subject to the Transactions (the “Tools”), in each case, as described below.
Transactions. Coins are a decentralized virtual currency. You can read more about what Coins are here. You represent and warrant and acknowledge and agree that a Transaction does not include any of the following:
- transfer of rights in or to any third party property;
- transfer of rights in or to Coins beneficially held by a third party;
- brokerage or similar exchange services;
- investment or speculative services;
- financial advice; or
- money transmission.
- Transaction Limits. 89Classifieds imposes limits on the amount of fiat currency you may use to buy Coins or receive in exchange for Coins over a given period of time.
- Exchange Fee. Each Transaction is subject to a fee of 1%(in general and higher for some specific payment methods) of the Transaction Price (as described below).
- Location of Transaction. THE PARTIES HEREBY AGREE THAT THE WHOLE OF THE TRANSACTION CONTEMPLATED IN THIS AGREEMENT IS DEEMED TO TAKE PLACE WITHIN THE JURISDICTION OF WHICH YOU ARE A NATIONAL, AS REPRESENTED BY YOU TO US AND AS VERIFIED BY US WHEN YOU OBTAINED YOUR ACCOUNT (THE “SPECIFIED JURISDICTION”). On completion of a Sale, you are deemed to take possession of your Coin in the Specified Jurisdiction. On completion of a Purchase, you are deemed to receive the Transaction Price in the Specified Jurisdiction.
- Transaction Price. The Services are subject to, in the event of a Sale, your payment to us of the sale price or, in the event of a Purchase, payment by us to you of the purchase price (in each case, the “Transaction Price”). The Transaction Price is posted on the Site and may vary from time to time without prior notice to you.
- Limitations on Services. The Services are not available to everyone. By accessing this Site, you represent and warrant that you: (a) are 18 or more years of age and of the age of majority in the jurisdiction where you reside; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in or a national or resident of the United States of America; (e) are not located in or a national or resident of a jurisdiction other than the Specified Jurisdiction; (f) will not use the Services for any purpose that is illegal in the Specified Jurisdiction; or (g) will not use the Services for any Prohibited Uses (as defined below).
- Ownership and Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on the Site (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, 89Classifieds or its licensors, as the case may be.
- Limited License.We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Content solely for informational, transactional, or other approved purposes as permitted by 89Classifieds from time to time. Any other use of the Site or the Content is expressly prohibited. All other rights in the Site or the Content are reserved by us and our licensors. We reserve all rights in the Site and the Content and you agree that this Agreement does not grant you any rights in or licenses to the Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site or the Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written consent. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. "89Classifieds.com", "89Classifieds", and all logos related to the Services or displayed on the Site are trademarks or registered marks of 89Classifieds. You may not copy, imitate or use them without 89Classifieds’s prior written consent.
- License to Use Your Information. With the exception of personal information, you hereby grant to 89Classifieds the perpetual, unlimited, royalty-free, worldwide, non- exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content you provide on or through this Site or which is sent to 89Classifieds by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. 89Classifieds shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by 89Classifieds in writing or otherwise required by law. You represent and warrant that you have the right to grant the license set out above.
Limitations on Liability and Disclaimers.
- This Site may contain links to other sites and third party services. 89Classifieds does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites or Third Party Services, and when you access such sites and services, you are doing so at your own risk. In providing links to the other sites and third party services, 89Classifieds is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that 89Classifieds is affiliated or associated with same. 89Classifieds DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPERLINKS TO, OR CONTENT FOUND, ON OTHER SITES OR THIRD PARTY SERVICES.
- 89Classifieds will not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize 89Classifieds to make, or for any errors or any changes made to any transmitted, stored or received information.
- You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
- EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS SITE OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
- IN NO EVENT WILL 89Classifieds, ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF 89Classifieds OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
- IN NO EVENT WILL 89Classifieds, ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR AGENTS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT; ANY OTHER SITE ACCESSED TO OR FROM THIS SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF 89Classifieds, EVEN IF 89Classifieds OR ANY OF ITS AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
- IN NO CASE WILL 89Classifieds'S, ITS AFFILIATES', LICENSORS', SUPPLIERS', AGENTS’ AND THEIR RESPECTIVE DIRECTORS', OFFICERS', MANAGERS’ AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE OF ACTION WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE APPLICABLE TRANSACTION PRICE THAT RELATES TO SUCH CAUSE OF ACTION.
- THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. 89Classifieds IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. 89Classifieds DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM JURISDICTIONS WHERE IT MAY BE ILLEGAL IS PROHIBITED.
- Termination. This Agreement is effective until terminated by 89Classifieds, with or without cause, in 89Classifieds's sole and absolute discretion. 89Classifieds may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by 89Classifieds shall be in addition to and without prejudice to such rights and remedies as may be available to 89Classifieds, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, your warranty and the indemnity provisions of this Agreement shall survive the termination or other expiration of this Agreement.
- Indemnity. You agree at all times to indemnify, defend and hold harmless 89Classifieds, its affiliates, licensors, suppliers, agents and their respective directors, officers, managers and employees against any and all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements and fines or penalties imposed by any governmental authority) sustained, incurred or paid by 89Classifieds arising out of or related to (i) your breach of this Agreement, (ii) your use of the Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
- Force Majeure. 89Classifieds will not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond 89Classifieds’s reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond 89Classifieds’s reasonable control and no such cause or condition shall affect the validity and enforceability of any other provisions of this Agreement.
- Governing Law. This Agreement shall be governed pursuant to the laws of Delaware. You agree to waive any right you may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against 89Classifieds related to this Site, you also agree to opt out of any class proceedings against 89Classifieds or its licensors.
- Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and other entities.
- Entire Agreement; Amendments. This Agreement constitutes the entire agreement between you and 89Classifieds with respect to the use of this Site and the Services.
- Amendment and Waiver. 89Classifieds reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this Site. You are responsible for periodically reviewing the amendments on this Site, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this Site. Access to this Site or use of this Site after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on 89Classifieds unless executed by 89Classifieds in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. It is your responsibility to update your contact information in the Account so that you can keep up to date with amendments to this Agreement and other information concerning the Services.
- Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
- Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
- Prohibited Uses. “Prohibited Uses” means any of the following or the furtherance of any of the following:
- Violating or assisting any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member;
- Partaking in a transaction which involves the proceeds of any unlawful activity;
- Defrauding or attempting to defraud 89Classifieds or other 89Classifieds users;
- Providing false, inaccurate or misleading information;
- Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfering with, intercepting, or expropriating any system, data, or information;
- Interfering with another person’s access to or use of any of the Services;
- Defaming, abusing, harassing, stalking, threatening or otherwise violating or infringing the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- Publishing, distributing or disseminating any unlawful material or information;
- Transmitting or uploading any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
- Harvesting or otherwise collecting information from the Site about others, including, without limitation, email addresses, without proper consent;
- Acting as a payment intermediary or aggregator or otherwise reselling any of the Services, unless expressly authorized by 89Classifieds in writing;
- Transferring any rights granted to you under this Agreement;
- Using the Account information of another party to access or use the Site;
- Attempting to gain unauthorized access to the Site, other Accounts, computer systems or networks connected to the Site, through password mining or any other means; or
- Engaging in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other intellectual property or proprietary right under applicable law.