Terms Of Service
This User Agreement (“Agreement”) is a contract between you and Ero Assets, LLC, a Florida Limited Liability Company (“cry,” “we”, “us” or “our”) and applies to your use of any or all of the following: the Cryptoniteatm website (“website”, or “https://Cryptoniteatm.com”),Cryptoniteatm kiosks (“Bitcoin Transaction Machine”, “BTM”, or “kiosk”) and all services described herein or otherwise offered by us, except as set forth below (collectively, the “Cryptoniteatm Services”). Use of the Cryptoniteatm Wallet mobile application (also known as Cryptoniteatm) is governed by separate terms and to the extent that your use includes use of Cryptoniteatm, those terms govern.
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERNS YOUR USE OF THE Cryptoniteatm SERVICES, IS LEGALLY BINDING, LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY Cryptoniteatm, AND REQUIRE SETTLEMENT OF CERTAIN DISPUTES THROUGH ARBITRATION. Please read this Agreement carefully before using the Cryptoniteatm Services. By visiting or otherwise using the Cryptoniteatm Services in any manner, you acknowledge and accept without limitation or qualification, that you have read and understood this Agreement and you agree to be bound by it. You also acknowledge, agree and consent to the terms of our Privacy Policy which is incorporated herein by reference.
If at any time you no longer agree with the terms of this Agreement, or any subsequent modification thereof, you are no longer eligible to use the Cryptoniteatm services and must terminate your relationship, without charge, as set forth below.
This Agreement may be amended from time to time at the sole discretion of Cryptoniteatm. Any amended Agreement shall be effective immediately either upon your expressed approval or after one month has elapsed from either our delivery of the amended Agreement to you or our posting of the amended Agreement to our website.
At our sole discretion we may modify or discontinue any or all of the Cryptoniteatm Services or limit your access to the Cryptoniteatm services at any time, without notice to you. Cryptoniteatm shall not be liable to you or any third party for any modification, limitation, or termination of Cryptoniteatm Services to you.
This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version shall control.
Identity Verification
To be eligible to use the Cryptoniteatm Services, you must be at least eighteen years old. By accessing or using the Cryptoniteatm Services you represent and warrant that you are eighteen years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE Cryptoniteatm SERVICES.
Per this Agreement, you agree and understand that certain Cryptoniteatm Services require us to positively verify your identity. You agree that to use certain Cryptoniteatm Services you will provide the requested personal information including, but not limited to, any or all of the following: your name, address, telephone number, email address, date of birth, taxpayer identification number, government issued identification, and current photograph(s) of yourself. You also understand and agree that we may require you to answer additional questions to verify your identity or take actions at our discretion, including but not limited to engaging third parties, to verify your identity. Any information you provide to us to verify your identity will be handled in accordance with our Privacy Policy, You authorize such third parties to which such inquiries may be directed to fully respond to such inquiries. You represent that any information you provide to Cryptoniteatm is accurate and authentic and agree to update any information as necessary.
Cryptoniteatm Services
Cryptoniteatm Account. The Cryptoniteatm Account, (“the account”), represents our relationship with you. You understand we do not hold funds or cryptocurrencies on your behalf and that the account does not create, infer, or otherwise acknowledge a fiduciary relationship. We do not act as custodian of your funds at any time and will not hold, transfer, secure, or be otherwise responsible for your funds. The account is our way of identifying you as a customer. In order to use the kiosk or private party transactions, you must have an account. Registering for an account requires proper identification and validation. Upon successful completion of the registration process, we will assign a customer number, which will identify you within our customer lists. We may, in our sole discretion, refuse to allow you to establish a Cryptoniteatm Account.
Cryptoniteatm Crypto Purchase and Sale. When buying or selling cryptocurrency at a kiosk, subject to applicable limits, you are buying from or selling to Cryptoniteatm directly. You further warrant and represent that Cryptoniteatm is buying from or selling to you directly. You understand Cryptoniteatm does not act as an intermediary or exchange between buyers and sellers of cryptocurrency and does not facilitate third party transfers. You warrant the cryptocurrency wallet you utilize in a transaction with us is under your ownership and control. You understand and agree that Cryptoniteatm cannot accept any transfer instructions from you except in connection with the OTC program described below.
Cryptoniteatm Mobile Messaging Program. When you use other Cryptoniteatm Services, you may be required to receive SMS messages related to transactions you are performing (“Essential Messages”). Because these messages are a required part of providing the Services to you, you cannot opt out of receiving them. When you use other Cryptoniteatm Services, you may have the option to sign up to receive SMS messages for informational, marketing, and other purposes (“Optional Messages”). You can cancel the SMS service for Optional Messages at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@Cryptoniteatm.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.
Kiosk. A Cryptoniteatm Account is required to utilize a kiosk. When buying or selling cryptocurrency at a kiosk, a “buy price” or a “sell price” will be displayed. This is the price, quoted in local currency, that Cryptoniteatm is willing to either buy cryptocurrency from you or sell cryptocurrency to you. You understand that this price is determine solely by Cryptoniteatm, may include certain markups or fees imposed by Cryptoniteatm, and may differ from the price for the same cryptocurrency offered on alternative exchanges. You understand the price of cryptocurrency is dynamic and can fluctuate up until a transaction has occurred. You understand and agree to accept the final displayed price as the sole conversion metric, and that your election to complete a transaction constitutes your consent to such price. You understand once you agree to a transaction, you cannot cancel, reverse, or change the instructions. For more information about Cryptoniteatm’s pricing of crypto assets, see the Pricing and Fee Disclosures.
Private Party (OTC). A Cryptoniteatm Account is required to facilitate a private party transaction. You will be required to disclose source of funds and the originating bank account of the funds. You understand and agree Cryptoniteatm is under no obligation to accept or execute a Private Party transaction and can at its sole discretion decline to facilitate one. Upon agreeing on a conversion price, you understand and agree to accept price as the sole conversion metric and promptly transmit funds to Cryptoniteatm via bank wire or ACH transfer. You acknowledge and agree that Cryptoniteatm may impose transaction fees on any private party transfer, and you agree that your election to complete a private party transfer constitutes your consent to pay such fees. You understand once you agree to a transaction, you cannot cancel, reverse, or change the instructions.
Refunds. Cryptocurrency transactions are irreversible. You understand and agree that Cryptoniteatm is not responsible for issuing refunds of any kind or amount regardless of whether you were the victim of a fraud, the loss of a private key, or any other mistake. You agree to assume sole responsibility for any losses you incur as a result of fraud or mistake.
Taxes. You are aware transactions may be subject to taxation by federal, state, or local authorities. You understand and agree it is your sole responsibility to determine whether and to what extent taxes may or may not apply to your transactions. You agree that Cryptoniteatm is not responsible for calculation, withholding, or payment of any taxes which may be owed by you as a result of using the Cryptoniteatm Services.
Transaction Confirmations. You are aware each cryptocurrency transaction must be confirmed on its own network or blockchain. You understand and agree Cryptoniteatm is not responsible for any confirmation delays and is not liable for any damages this may cause.
Risks. Crypto assets are not insured by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC) or any other public or private insurer, including against cyber theft or theft by other means. Cryptocurrency activity is not a regulated activity in many states, and where the activity is regulated, such regulations are subject to change by government authorities and regulators at any time. You are solely responsible for ensuring that you comply with any such laws and regulations that may apply to you. You understand trading or holding cryptocurrencies can cause substantial losses. You understand the value of cryptocurrencies can fluctuate rapidly, fall significantly, or become worthless and that Cryptoniteatm has no control over the loss of value of any cryptocurrency. You understand the loss of a wallet private key can prevent you from ever accessing your cryptocurrencies and you further understand and agree it is your sole responsibility for protecting any private keys in your control. By using the Cryptoniteatm Services, you agree that you have reviewed the risks inherent in cryptocurrency transactions (including the State Disclosures section below), and otherwise have informed yourself regarding the activity you intend to engage in on the Services. You agree Cryptoniteatm is not responsible for any cryptocurrency loss you may suffer, including changes in valuation, theft, or loss of wallet control.
Right to Suspend Use. We reserve the right to suspend or cancel any purchases or sales of cryptocurrency or any other use of the Services where we have reason to believe the transaction involves prohibited uses, including but not limited to money laundering, terrorist financing, fraud, financial crimes, or any other Prohibited Use (defined below) or in compliance with an injunction, court order, or any governmental order. You understand and agree Cryptoniteatm is not responsible for any alleged damages that might arise from a suspended or cancelled purchase or sale of cryptocurrency.
General Use
Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use theCryptoniteatm Services, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for informational, transactional, or other approved purposes as permitted by Cryptoniteatm from time to time. You understand and agree that any other use of the Cryptoniteatm Services or Content is expressly prohibited.
All other rights in the Cryptoniteatm Services or Content are reserved by us and our licensors, if applicable. We reserve all rights in the Cryptoniteatm Services and Content and you agree that this Agreement does not grant you any rights in or licenses to the Cryptoniteatm Services 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 Cryptoniteatm Services 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 Cryptoniteatm Services or Content (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. If you violate any portion of this Agreement, your permission to access and use the Cryptoniteatm 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. “Cryptoniteatm”, “Cryptoniteatm”, and all logos related to the Cryptoniteatm Services or displayed on the Cryptoniteatm website or kiosks are either trademarks or registered marks of Cryptoniteatm or its licensors. You may not copy, imitate, or use them without Cryptoniteatm’s prior written consent.
Website Accuracy. We intend to provide accurate and timely information on the Cryptoniteatm website. However, the Cryptoniteatm website may not always be accurate, complete, or current and may also include technical inaccuracies or typographical errors. Information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained within the Cryptoniteatm Services are your sole responsibility and we shall have no liability for such decisions.
Customer Accounts and Assets. You hereby certify to us that any funds used by you in connection with Cryptoniteatm Services are either owned by you or that you are validly authorized to use such funds. In particular, you acknowledge that Cryptoniteatm may not be a qualified custodian under applicable law, and represent that your use of the Cryptoniteatm Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.
Export Controls & Sanctions. Cryptoniteatm Services are subject to United States laws and regulations. You represent and warrant that your use will comport with those requirements. Without limiting the foregoing, you may not acquire cryptocurrencies or any of the Cryptoniteatm Services if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime; or (2) you intend to supply the acquired cryptocurrency or Cryptoniteatm Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.
Updating Information. You understand and agree it is your responsibility to provide us with an e-mail address and any other contact information we request that is true, accurate, and complete. You understand and agree that if Cryptoniteatm sends you a communication based upon your contact information, we will have deemed to have provided you the communication regardless of whether or not you received it. Information can be updated by sending an email to support@Cryptoniteatm.com
Prohibited Use
In connection with your use of the Cryptoniteatm Services, you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain or disclose any information as necessary to satisfy any applicable rule, law, regulation, legal process or governmental request. We reserve the right to cancel or suspend your Cryptoniteatm Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use or a Prohibited Business.
The following categories of businesses, business practices, and sale items are barred from Cryptoniteatm Services (“Prohibited Businesses”). By opening a Cryptoniteatm Account, you confirm that you will not use Cryptoniteatm Services to facilitate or assist in the operation of any of the following:
- Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks, and escrow services
- Counterfeit products or any product or service that infringes upon the copyright, trademark, patent, or trade secrets of any third party
- Stolen goods
- Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs
- Gambling
- Sports forecasting or odds making
- Prostitution or illegal escort services
- Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Funding any of the items included on this Prohibited Businesses list
- Extortion, blackmail, or efforts to induce unearned payments
- Unlicensed sale of firearms and certain weapons
- Engaging in deceptive marketing practice
- Any business that violates any law, statute, ordinance or regulation
You may not use your Cryptoniteatm Account to engage in the following categories of activity (“Prohibited Use”). By opening a Cryptoniteatm Account, you confirm that you will not use your Account to do any of the following:
- Violate or assist 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 (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections)
- Partake in a transaction which involves the proceeds of any unlawful activity;
- Defraud or attempt to defraud Cryptoniteatm or other Cryptoniteatm users;
- Infringe upon Cryptoniteatm’s or any third party’s copyright, patent, trademark, or intellectual property rights;
- Provide false, inaccurate, or misleading information;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
- Interfere with another individual’s or entity’s access to or use of any of the Cryptoniteatm Services;
- Defame, abuse, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- Publish, distribute, or disseminate any unlawful material or information;
- Transmit or upload any material to the Cryptoniteatm website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
- Harvest or otherwise collect information from the Cryptoniteatm website about others, including without limitation email addresses, without proper consent;
- Act as a payment intermediary or aggregator or otherwise resell any of the Cryptoniteatm Services, unless expressly authorized by Cryptoniteatm in writing;
- Transfer any rights granted to you under this Agreement;
- Use the Cryptoniteatm Account information of another party to access or use the Cryptoniteatm Services, except when specifically authorized by a user to access such user’s Cryptoniteatm Account and information;
- Otherwise attempt to gain unauthorized access to the Cryptoniteatm Services, other Cryptoniteatm Accounts, computer systems or networks connected to the Cryptoniteatm website, through password mining or any other means; or
- Engage in transactions involving items that infringe or violate any copyright, patent, trademark, right of publicity or privacy or any other proprietary right under the law.
Termination of Services
Cryptoniteatm may, at its sole discretion: (a) suspend, restrict, or terminate your access to any or all of the Cryptoniteatm Services, or (b) deactivate or cancel your Cryptoniteatm Account if:
- We are so required by a valid injunction, other court order, or order of a government authority;
- We have reason to believe you are using your Cryptoniteatm Account in connection with Prohibited Business or Prohibited Use;
- We are notified that your Cryptoniteatm Account is subject of or to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity;
- We unable to support your use; or
- We have reason to believe that you are circumventing Cryptoniteatm’s controls and regulatory requirements, including, but not limited to, structuring transactions to avoid reporting requirements, opening multiple Cryptoniteatm Accounts, or abusing promotions which Cryptoniteatm may offer from time to time.
If you chose to terminate your Cryptoniteatm Account or access to Cryptoniteatm Services, you will not be charged and will only be required to pay for those Cryptoniteatm Services used that are subject to charges. You understand and agree you will remain liable for any Cryptoniteatm Services until we have reached a conclusion satisfactory to us.
Definition of our Relationship and Expectations
Relationship of the Parties. Cryptoniteatm is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Cryptoniteatm to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Cryptoniteatm to be treated as the agent of the other.
Service Providers. From time to time, Cryptoniteatm may engage third parties to assist Cryptoniteatm in providing certain aspects of the Cryptoniteatm Services (each, a “Service Provider”). Service Providers may include, but are not limited to, Cryptoniteatm’s banking partners and technology or engineering service providers.
Your Privacy. Protecting your privacy is very important toCryptoniteatm. Please review our Privacy Policy, which is incorporated by reference into this Agreement, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Cryptoniteatm Services. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Cryptoniteatm Account information has been compromised, contact Cryptoniteatm Support immediately at support@Cryptoniteatm.com
Consent to Electronic Records. By using the Cryptoniteatm Services, you agree that Cryptoniteatm may provide you with any notices or other communications about your Cryptoniteatm Account and the Cryptoniteatm Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Cryptoniteatm website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your use of the Cryptoniteatm Services and your Cryptoniteatm Account will be cancelled.
Notices to Cryptoniteatm. We prefer receiving notices to Cryptoniteatm electronically through our support system at support@Cryptoniteatm.com. You may also write or call us at the address and phone number given in the Contact Cryptoniteatm section below.
Customer Feedback, Questions, and Complaints
Contact Cryptoniteatm. If you have any feedback, questions, or complaints, contact us via our Customer Support email address at support@Cryptoniteatm.com, write us at Ero Assets, LLC, 2450 Hollywood Blvd STE 503, Hollywood, FL 33020. Please provide your name, address, and any other information we may need to identify you, your Cryptoniteatm Account, and the transaction or matter on which you have feedback, questions, or complaints.
Claims. You agree to use the complaints procedure of this Agreement before filing any demand for arbitration or claim in court. You understand and agree that failure to comply with this provision may be used as evidence of your unwillingness to settle the issue or the vexatious nature of the complaint.
Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or arising out of or related to your use of the Cryptoniteatm Services, shall be determined by arbitration in Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Class Action Waiver. You and Cryptoniteatm agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine any dispute, claim or controversy of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding in any court of competent jurisdiction in Delaware, and not in arbitration.
General Provisions
Limitations of Liability. IN NO EVENT SHALL CRYPTONITEATM, ITS AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CRYPTONITEATM WEBSITE, THE CRYPTONITEATM SERVICES, OR THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF THIS SECTION WITH RESPECT TO CONSUMERS, THIS SECTION APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
Release of Cryptoniteatm from Disputes with Other Users. If you have a dispute with one or more users of the Cryptoniteatm Services, to the extent permitted by law, you release Cryptoniteatm, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, to the extent permitted by law, in entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Indemnification. You agree, to the fullest extent permitted by applicable law, to indemnify and hold Cryptoniteatm, its affiliates, and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of Cryptoniteatm Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
Entire Agreement. This Agreement, including those documents incorporated by reference herein, sets forth the entire understanding and agreement between you and Cryptoniteatm as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind and every nature between and among you and Cryptoniteatm.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cryptoniteatm without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Cryptoniteatm Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that Cryptoniteatm is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Severability. If any provision of this Agreement shall be determined to be unenforceable under any rule, law, or regulation of any governmental agency, such provision will be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Cryptoniteatm Account cancellation, debts owed to Cryptoniteatm, general use of the Cryptoniteatm Services, disputes with Cryptoniteatm, and general provisions, shall survive the termination or expiration of this Agreement.
No Waiver. Our failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
Governing Law and Jurisdiction. This Agreement will be governed by Delaware law. You hereby irrevocably consent to the jurisdiction of the state and federal courts of the state of Delaware in connection with any dispute, action, or proceeding arising from or related to this Agreement.
Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our 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 or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
ESign/Disclosure
You agree to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Cryptoniteatm Account and your use of Cryptoniteatm Services. We will provide these Communications to you by either posting them on the Cryptoniteatm website, emailing them to you at the primary email address listed in your Cryptoniteatm profile, or communicating to you via instant chat or other electronic communication such as text message or mobile push notification.
Copyright Policy
Cryptoniteatm complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Site. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Cryptoniteatm has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Cryptoniteatm to determine the legitimacy of the signature and the identity of the signatory;
Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cryptoniteatm to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
Information reasonably sufficient to permit Cryptoniteatm to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note if any notification of claimed infringement does not meet the above requirements, Cryptoniteatm has no responsibility to respond to or act on any such defective notification of claimed infringement.
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
Your physical or electronic signature, as well as information sufficient for Cryptoniteatm to determine the legitimacy of the signature and the identity of the signatory;
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;
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
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Middle District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
