Terms of service

Bitcocktail Ltd ("Bitcocktail") provides software and services (collectively, "Services") for use by the general public, including the Bitcocktail software ("BTCL"). This Terms of Service Agreement ("Agreement") constitutes legally binding terms and applies to your use of the Services.

  1. Acceptance.

    By accessing and/or using the provided Services, you agree and acknowledge to be bound by this Agreement and the BTCL Privacy Policy, found http://www.bitcocktail.com/pp.html and incorporated herein by reference, whether you are a "Member" (which means you have registered with BTCL or a related Service provided by Bitcocktail) or a "Visitor" (which means that you browse or use the Services without being registered as a Member). The term "User" or "user" refers to a Member or a Visitor. You are authorized to use the Services only if you agree to abide by all applicable laws, rules, and regulations ("Applicable Law") and the Agreement. Additionally, in consideration for becoming a Member and/or using the services, you must indicate your acceptance of this Agreement. If you do not agree to be bound by this Agreement, please do not use the Services. You may print a copy of this agreement http://www.bitcocktail.com/tos.html. Bitcocktail reserves the right to modify the Agreement at any time, and each such modification shall be effective upon posting with the Services. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as modified. Therefore, it is important for you to review this Agreement regularly.

  2. General Usage.

    Bitcocktail grants you a limited license to use the Services in accordance with this Agreement and the instructions and guidelines posted on the BTCL website ("the Site"). In exchange for providing the functionality of the BTCL application, users may be shown advertisements within web pages rendered by a browser with the Services enabled. Bitcocktail reserves the right to discontinue any aspect of the Service at any time. Bitcocktail further reserves the right to terminate your license to use the Services at any time and for any reason, or in the future, to charge for commercial usage.

  3. Services and User Responsibility.

    Users are solely responsible for their use of the Services. You agree not to alter or modify any part of the Services. You agree not to distribute any part of the Services or Content without Bitcocktail's prior written authorization, unless Bitcocktail allows and provides means for such distribution through the Services. You agree and understand that some of the features of the Bitcocktail software may display certain text and graphical elements on web pages which are not part of the original web page content and not authorized by the original website owner.

  4. Content.

    Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You shall not download any Content except as allowed with the Services. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Bitcocktail or the respective licensors of the Content. Bitcocktail and its licensors reserve all rights not expressly granted in and to the Services and the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. Bitcocktail is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Content featured with the Services, and the Content does not represent the advice, views, opinions or beliefs of Bitcocktail. In accessing Content through use of the Services you may be exposed to Content from a variety of sources, wherein you may consider portions of the Content to be inaccurate, offensive, or inappropriate. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bitcocktail with respect to such Content, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Bitcocktail, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services. Additionally, the Services and/or the Content may feature links to third-party websites not owned or controlled by Bitcocktail. The inclusion of a link to a third-party website does not imply any endorsement by or affiliation with Bitcocktail and the third-party website. Further, Bitcocktail has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites featured with the Services and/or Content and cannot modify the content of any such third-party website. By using the Services, you expressly release Bitcocktail from any and all liability arising from your use of any third-party website featured with the Services and/or Content.

  5. Termination.

    Bitcocktail will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer of others' intellectual property rights and/or engages in other activity in violation of this Agreement. Bitcocktail further reserves the right to decide whether Content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, submitting Content featuring pornography, obscenity, or other such inappropriate material. Bitcocktail may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of this Agreement.

  6. Additional Intellectual Property.

    The trademarks, service marks, and logos ("Marks") featured with the Services, including BTCL, the BTCL logo and the BTCL design, are owned by or licensed to Bitcocktail, subject to trademark, copyright, and other intellectual property rights under the law and may only be reproduced as provided in this Agreement and/or with express written permission from Bitcocktail. Other trademarks that appear on the BTCL website that are not owned by or licensed to Bitcocktail (e.g., trademarks associated with third-party websites shown with links featured on the Services) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bitcocktail.

  7. Privacy Policy.

    Acceptance of these Terms of Service constitutes acceptance of Bitcocktail's Privacy Policy, which can be seen http://www.bitcocktail.com/pp.html. If you do not agree to the Privacy Policy or this Agreement, please discontinue using Bitcocktail's Services.

  8. No Warranty and Limitation of Liability.

    Bitcocktail PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YONTOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Bitcocktail MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Bitcocktail DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Bitcocktail WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. IN NO EVENT SHALL Bitcocktail , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Bitcocktail IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Bitcocktail SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH Bitcocktail SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. The Services are controlled and offered by Bitcocktail from its facilities in the United States of America. Bitcocktail makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  9. Indemnity.

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Bitcocktail, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.

  10. Ability to Accept Agreement.

    You affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.

  11. General.

    You agree that: (i) the Services shall be deemed solely based in Israel; and (ii) the BTCL website shall be deemed a passive website that does not give rise to personal jurisdiction over Bitcocktail, either specific or general, in jurisdictions other than Israel. This Agreement shall be governed by the internal substantive laws of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and Bitcocktail that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Israel. This Agreement, together with the Privacy Policy here http://www.bitcocktail.com/pp.html and any other legal notices published by Bitcocktail on the Services, shall constitute the entire agreement between you and Bitcocktail concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Bitcocktail's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Bitcocktail reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND BitcocktailAGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Bitcocktail and you are independent entities, and nothing in the Agreement, or via use of the BTCL website and/or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Bitcocktail and you. This Agreement supersedes any previous agreement and represents the entire agreement between Bitcocktail and you. Any notices must be sent to Bitcocktail in English at tos_info@Bitcocktail.com.