Last Updated: December 29, 2017
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 20. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
TERMS OF SERVICE
These Terms of Service and any terms expressly incorporated herein (“ Terms ”) apply to your access to, and use of, any services provided by Martcoin, LLC, (“Martcoin,” “we,” “us” or “our”), including but not limited to our websites located at www.martcoin.io (the “Site”) and mobile applications, our Hosted Wallet services, and the exchange services provided by us as described in these Terms (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Martcoin for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and (b) you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms. Martcoin reserves the right to change or modify these Terms at any time and in our sole discretion. If Martcoin makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, providing notice through the Services, and/or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using the Services. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site, please contact [email protected]
1. KEY DEFINITIONS
Capitalized terms not otherwise defined in these Terms will have the following meanings: “Martcoin Account” means a user account accessible via the Services where Crypto Currency may be stored by Martcoin on behalf of a user. “Crypto Currency" means bitcoin, blackcoin, litecoin, and other Crypto Currency that may be exchanged via the Services. "External Crypto Currency Address" means any Crypto Currency address or account that you own, or use, that is maintained outside of the Services, and is not owned, controlled, or operated by Martcoin. "Hosted Wallet" means a Crypto Currency wallet, hosted and controlled by Martcoin, that you use to store the Crypto Currency associated with your Martcoin Account. You can send Crypto Currency to and from this wallet to and from External Crypto Currency Addresses.
2. ELIGIBILITY, REGISTRATION AND ACCOUNT
2.1 Eligibility. Martcoin may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from certain states, territories, or jurisdictions (“Restricted Locations”). The Services are intended solely for users who are 18 or older. You represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (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 placed on the U.S. Commerce Department’s Denied Persons List; and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
2.2 Number of Martcoin Accounts. Martcoin may, in its sole discretion, limit the number of Martcoin Accounts that you may hold, maintain, or acquire.
2.3 Martcoin Account Information and Security. In order to engage in any exchange transactions via the Services, you must create a Martcoin Account and provide all of the required information that we request. By creating a Martcoin Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Martcoin Account information; (d) maintain the security of your Martcoin Account by protecting your password and restricting access to your Martcoin Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Martcoin Account; and (f) take responsibility for all activities that occur under your Martcoin Account and accept all risks of any authorized or unauthorized access to your Martcoin Account, to the maximum extent permitted by law.
4. YOUR GENERAL OBLIGATIONS TO USE THE SERVICES
4.1 Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any exchange transaction or exchange bid submitted via the Services, impose limits on the exchange amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services, without prior notice. For example, we may limit the number of open orders that you can establish via the Services or we may restrict exchanges from certain locations.
4.2 Accuracy of Information. You must provide any information required when creating a Martcoin Account or when prompted by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete.
4.3 Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before we execute the transaction. Once your order has been executed, you may not change, withdraw, or cancel your authorization for us to complete such transaction. If any order has been partially filled, you may cancel the unfilled remainder of that order at any time. We reserve the right to refuse any cancellation request associated with a market order once you have submitted such order.
4.4 Insufficient Funds. If you have an insufficient amount of Crypto Currency in your Hosted Wallet to complete an order via the Services, we may cancel the entire order or may fulfill a partial order using the amount of Crypto Currency currently available in your Hosted Wallet, less any fees owed to Martcoin in connection with the execution of the exchange (as described in Section 8 below).
4.5 Taxes. It is your responsibility to determine what, if any, taxes apply to the exchange transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding, or remitting any taxes arising from any trades.
4.6 Market Availability. Martcoin may open or close any market for a Crypto Currency on the Site at any time, in its sole discretion. If a market for a particular Crypto Currency is closed, any open orders that you may have for such Crypto Currency will be credited back to your Martcoin Account.
4.7 Currency Availability. Martcoin retains the right, in its sole discretion, to include a Crypto Currency on the Site, and may remove any Crypto Currency from the Site at any time for any reason. Unless otherwise required by law or law enforcement, Martcoin will make reasonable efforts to notify you of the likely removal of a Crypto Currency. If the market for a Crypto Currency is closed on the Site, you will have 14 days to push the amounts remaining in your Martcoin Account associated with such Crypto Currency to your External Crypto Currency Address. Martcoin will not be liable to you for any losses, liability or expenses related to the removal of a Crypto Currency.
5. MARTCOIN ACCOUNT
5.1 Funding your Martcoin Account. In order to complete an exchange via the Services (as described in Section 6), you must first load Crypto Currency to your Hosted Wallet. You may be required to verify that you control the External Crypto Currency Address that you use to load Crypto Currency to your Hosted Wallet.
5.2 Sending Crypto Currency to an External Crypto Currency Address. Provided that the balance of Crypto Currency in your Martcoin Account is greater than any minimum balance requirements needed to satisfy any of your open positions, you may send any amount of Crypto Currency, up to the total amount of Crypto Currency in your Martcoin Account, in excess of such minimum balance requirements, from your Hosted Wallet to an External Crypto Currency Address, less any fees charged by Martcoin for such transactions (as described in the Fee Schedule (as defined in Section 8) at the time of your request to push Crypto Currency to an External Crypto Currency Address). You are solely responsible for the accuracy of the External Crypto Currency Address that you provide, and Martcoin shall not be liable for sending Crypto Currency from your Hosted Wallet to an incorrect External Crypto Currency Address if that address matches the address you provided to us.
5.3 Load/Push Authorization. When you request that we send Crypto Currency to your External Crypto Currency Address from your Martcoin Account, you authorize Martcoin to execute such transaction using your Hosted Wallet via the Services.
6. EXCHANGE ORDERS AND TRADES
6.1 Authorization. When you submit a new exchange order via the Services, you authorize us to execute a transaction in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 8 below).
6.2 Independent relationship. You agree that: (a) we are not acting as your broker, intermediary, agent, or advisor, or in any fiduciary capacity, and (b) no communication or information provided to you by us shall be considered or construed as advice.
6.3 Trade confirmation. Before a trade is placed, a confirmation dialogue summarizes the details of the proposed transaction, including the number of coins you are trying to buy or sell, the price, the applicable fees, and the total cost of the transaction. Once the Services execute your exchange transaction, your account’s order book will be updated with either the open trade request, or a closed order that was fulfilled. You agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
6.4 Market volatility. You agree that we are not liable for any price fluctuations in Crypto Currency. In the event of a market disruption or Force Majeure Event (as defined in Section 22.3), we may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when exchange transactions resume, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
6.5 Exchange Settlement. Subject to the terms and conditions in these Terms, we will use commercially reasonable efforts to settle exchanges on a spot basis within two days of the date upon which users have agreed to execute an exchange via the Services.
7. RISK DISCLOSURE
There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You agree that we shall not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when trading via the Services, however caused.
8.1 Amount of Fees. You agree to pay Martcoin the fees for exchanges completed via our Services (“Fees”) as made available. At this time, the fee for each transaction is 0.25% which we may change from time to time. Any changes to the Fee Schedule will become effective as of the expiration of such notice period. The revised Fee Schedule will apply prospectively to any exchanges that take place following the effective date of such revised Fee Schedule.
8.2 Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct funds from your Hosted Wallet for any applicable Fees owed in connection with exchange transactions you complete via the Services.
9. ELECTRONIC NOTICES
9.1 Consent to Electronic Delivery. You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that Martcoin provides in connection with your Martcoin Account, Hosted Wallet, and/or use of the Services. You agree that Martcoin may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal, messaging, data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us at [email protected] to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
9.2 Hardware and Software Requirements. In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with Martcoin and have sufficient storage space to save past Communications or an installed printer to print them.
9.3 Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to [email protected] If you decline or withdraw consent to receive electronic Communications, Martcoin may suspend or terminate your use of the Services.
9.4 Requesting Paper Copies. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting us as at [email protected] In order for us to send paper copies to you, you must have a current street address on file with Martcoin. Please note that our Services operate exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you agree that we may charge you a processing fee, in the amount described in the Fee Schedule at www.Martcoin.com/fees for each page of Communication requested.
9.5 Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Martcoin up to date so that Martcoin can communicate with you electronically. If we send you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Martcoin to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number, or street address at any time by logging into your Martcoin Account or by sending such information [email protected] and [email protected] . If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Martcoin are returned, we may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.
10. UNCLAIMED PROPERTY
If for any reason Martcoin is holding Crypto Currency in your Hosted Wallet on your behalf, and we are unable to return your Crypto Currency to your designated External Crypto Currency Address after a period of inactivity, then we may report and remit such Crypto Currency in accordance with applicable state unclaimed property laws.
11. ACCEPTABLE USE
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
- Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
- Use our Services to pay for, support, or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data;
- Use or attempt to use another user’s account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
- Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
- Develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed;
- Provide false, inaccurate, or misleading information;
- Post content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- Post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;
- Post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
“Martcoin,” the Martcoin logo, and any other Martcoin product or service names, logos, or slogans that may appear on our Services are trademarks of Martcoin, in the United States and in other countries, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You shall not use any trademark, product or service name of Martcoin without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of Martcoin. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Martcoin and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
13. THIRD-PARTY CONTENT
In using our Services, you may view content provided by third parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
14. SUSPENSION; TERMINATION; DISCONTINUANCE OF SERVICES
In the event of any Force Majeure Event (as defined in Section 22.3), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Martcoin, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Martcoin Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, we will attempt to return any Crypto Currency stored in your Hosted Wallet. Further, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
15. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES AND SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MARTCOIN MATERIALS CONTAINED THEREIN. MARTCOIN DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MARTCOIN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
You agree to defend, indemnify, and hold harmless Martcoin and our affiliates, independent contractors and service providers, and each of our respective officers, directors, members, employees, agents, and affiliates (collectively, “Indemnified Parties”) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
17. LIMITATION OF LIABILITY
THE INDEMNIFIED PARTIES SHALL HAVE NO LIABILITY FOR, AND YOU RELEASE THE INDEMNIFIED PARTIES FROM, ALL DAMAGES, COSTS AND LIABILITIES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR MARTCOIN MATERIALS, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF DATA, EVEN IF AN INDEMNIFIED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES AND/OR CONTENT EXCEED THE FEES PAID BY YOU TO MARTCOIN DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to these Terms, the exclusions and limitations set forth above may not apply to you.
18. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MARTCOIN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MARTCOIN.
(a) You and Martcoin agree to arbitrate any dispute arising from these Terms or your use of the Services or Martcoin Materials that cannot be resolved informally, including personal injury disputes, except that you and Martcoin are not required to arbitrate any dispute in which either party seeks equitable and or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
(b) You and Martcoin agree: (i) to attempt informal resolution prior to any demand for arbitration; (ii) that any arbitration will occur in King County, Washington; and (iii) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MARTCOIN WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
19. GOVERNING LAW
Martcoin is based in the United Kingdom and our Services are subject to U.K law. We make no representations or warranties that the Services or Martcoin Materials are appropriate or available for use in other locations. If you choose to access or use the Services and Martcoin Materials from locations outside the United Kingdom, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations.
The laws of the State of Washington, excluding its conflicts of law rules, govern your access to and use of the Services and Martcoin Materials. Your access to and use of the Services and Martcoin Materials may also be subject to other local, state, national, or international laws.