Coinstream Terms and Conditions

The Gist:

We (the folks at Coinstream) run a digital coin payment and purchasing/selling service called Coinstream.com. We invite you to use it. Our fees are either non-existent or extremely low. Our service is designed to make it as easy as possible for you to purchase and sell digital coins and to provide you (if you are a merchant) with the easiest way to accept them. However, you must be cognizant of the risks inherent in using digital coins, such as their currently volatile value.

Terms of Service:

The following terms and conditions govern all use of the Coinstream.com website and all content, services, and products available at or through the website (taken together, the “Website”). The Website is owned and operated by Coinstream, Inc. (“Coinstream”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Coinstream’s Privacy Policy, below) and procedures that may be published from time to time on this Website by Coinstream (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Coinstream, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your Coinstream.com Account.

If you create an account on the Website, you are responsible for maintaining the security of your account, including keeping private all IDs, passwords, and other codes. You are also responsible for ensuring that your email address is up to date. You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify Coinstream of any unauthorized use of your account or any other breaches of security. Coinstream will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Services.

Coinstream allows users to buy and sell digital coins. Coinstream also helps you make payments to and accept payments from third parties. Coinstream is an independent contractor for all purposes. Coinstream does not have control of, or liability for, the products or services that are paid for with Coinstream services. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. Coinstream is not a money transmitter. Coinstream assists its users in digital coin transactions.

3. Your Privacy.

Protecting your privacy is very important to Coinstream. Please read our Privacy Policy below to better understand how we maintain your privacy, as well as our use and disclosure of your information.

4. Intellectual Property.

This Agreement does not transfer from Coinstream to you any Coinstream or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Coinstream. Coinstream, Coinstream, Coinstream.com, the Coinstream.com logo, and all other trademarks, service marks, graphics and logos used in connection with Coinstream.com, or the Website are trademarks or registered trademarks of Coinstream or Coinstream’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Coinstream or third-party trademarks.

5. Notices to You.

You agree that Coinstream may provide you communications about your account and Coinstream services electronically.

6. Notices to Coinstream.

We prefer that you contact us electronically at our email [email protected].

7. Eligibility.

To be eligible to use Coinstream services, you must be at least 18 years old.

8. Identity Authentication.

You authorize Coinstream, directly or through third parties, to make any inquiries we consider necessary to validate your identity.

9. Reversals.

Coinstream reserves the right to reverse any transactions that we determine are high-risk. However, we do not reverse any digital coin-to-digital coin transactions that are confirmed by that coin’s network. Coinstream stores 100% of your funds, and does not lend it.

10. Direct Purchase.

The purchase or sale of digital coins occurs directly with Coinstream, and not between buyers and sellers registered with Coinstream. Coinstream does not act as an intermediary.

11. Digital Coin Volatility.

You acknowledge that the values of digital coins are potentially very volatile. The value may even become zero. You agree to deliver the agreed upon payment for an order upon its confirmation regardless of the change value of the digital coins purchased.

12. Limits.

Coinstream reserves the right to change the buy/sell limits on your account as we deem necessary.

13. Restrictions.

You agree not to: o Violate any law, statute, ordinance, or regulation (for example, those governing financial services, controlled substances, or consumer protections); o Try to defraud Coinstream or other Coinstream users; o Provide false, inaccurate, or misleading information; o Detrimentally interfere with, intercept, or expropriate any system, data, or information.

14. Changes.

Coinstream reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Coinstream may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

15. Disclaimer of Warranties.

The Website is provided “as is”. Coinstream and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Coinstream nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous, uninterrupted, or secure. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Coinstream does not have any control over the products or services that are paid for with Coinstream services and Coinstream cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. Coinstream does not guarantee continuous, uninterrupted or secure access to any part of Coinstream services, and operation of our site may be interfered with by numerous factors outside of our control. Coinstream will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Coinstream makes no representations or warranties regarding the amount of time needed to complete processing because Coinstream services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

16. Limitation of Liability.

In no event will Coinstream, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Coinstream under this agreement during the twelve (12) month period prior to the cause of action. Coinstream shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Coinstream Privacy Policy below, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

18. Indemnification.

You agree to indemnify and hold harmless Coinstream, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

19. Release of Coinstream.

If you have a dispute with one or more users, you release Coinstream (and our parent, officers, directors, agents, joint ventures, employees and suppliers) 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, you waive any protection available to you under California Civil Code §1542, which says: [a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

20. Disputes with Coinstream.

If you think we have made an error, write to us at 1505 4th St Ste 200, Santa Monica, CA 90401, or email us at [email protected]. In your correspondence, you must give us information sufficient to identify you, your account, and the transaction on which you believe an error occurred. You must contact us within 30 days after the transaction occurred.

21. Time Limitation.

You agree that any claim you may have arising out of or related to your relationship with Coinstream must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

22. Miscellaneous.

This Agreement constitutes the entire agreement between Coinstream and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Coinstream, or by the posting by Coinstream of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Coinstream may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Coinstream Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.