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Website Terms of Use

Where the context admits: "Coinz", "We", "Our" & "Us" includes www.coinz.net of: Charge 2 Limited, 2nd Floor, 35 Davies Street, London, W1K 4LS, United Kingdom. Coinz is a universal online currency solution which is independent, tradable and redeemable for real money. Coinz provides a user with the ability to set-up a Coinz Account and charge it up with Coinz using credit card or mobile phone payment. A user can spend Coinz on affiliated Coinz sites, be rewarded with Loyalty Coinz from Coinz Merchants and earn Royalty Coinz for content contributions. Coinz provides a Merchant with the Coinz micro-payment mechanism to integrate into their digital business.

The Service(s) offered by Coinz include the www.coinz.net website, Coinz Account and the ability to charge-up using credit card and mobile phone, the Coinz Value Control (CVC) system for a content provider to “Wrap” their content and earn Royalty Coinz each time it is viewed and the Coinz micro-payment mechanism to integrate into Merchant sites.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Coinz service(s). By using the Coinz Service(s), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse Coinz public areas on the Website) or you are a "Coinz Account Holder" or “Coinz Merchant”. The term "User" refers to a Visitor or a Coinz Account Holder. You are only authorised to use Coinz Service(s) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Coinz Website and discontinue use of Coinz Service(s) immediately. If you wish to become a Coinz Account Holder or Coinz Merchant you must read this Agreement and indicate your acceptance during the registration process.

Coinz may modify this Agreement from time to time and such modification shall be effective upon posting by Coinz on the Coinz Website. Coinz will inform Coinz Account Holders and Merchants by email about such modifications. If you do not agree with such modification you have the right to terminate your Account with Coinz. You agree to be bound to any changes to this Agreement when you use the Coinz Service(s) after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

The contents of this Site, including the text, graphics, images, information obtained from any third-party content providers, sponsors, suppliers and other material are to be used for information purposes only.

Disclaimers

You acknowledge and agree that:

Although we take every care regarding the content and materials contained in the Site, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Site.

Coinz reserves the right to make additions, deletions, or modifications to the information contained on the Site at any time without any prior notification.

The information presented on the Site ‘AS IS’ and may include inaccuracies or typographical errors.

Coinz makes no representations or warranties of any kind or nature with respect to the materials, information or content posted on the site and to the maximum extent permitted by law, disclaims all express and implied representations and warranties including, without limitation, any warranties of merchantability, title or non-infringement. Coinz shall not be liable for any indirect, special (including loss of profit), consequential or incidental damages arising from or in connection with the existence or use of the site, and/or the information or content posted on the site, whether or not there is negligence by Coinz or whether Coinz has been advised as to the possibility of any such damages.

Coinz is not responsible for and does not warrant the accuracy, effectiveness, timeliness and suitability of any materials, information or content provided on, posted to, or otherwise available through, the Site or obtained from third parties, including links to or from third-party sites.

License and Site Access

Coinz grants you a limited licence to access and make personal use of this site. You may download it or any portion of it, without the express written consent of Coinz but this licence does not permit you to make any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Coinz.

You grant Coinz the right to use all content you upload or otherwise transmit to the Site, subject to these Terms of Use and our Privacy Policy including, but not limited to copying, displaying, or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the Site (if any).

Privacy and Security

Coinz is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the Site. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Site you agree to be bound by that policy.

Applicable Law

This site is created and controlled by Charge 2 Limited and is subject to English Law and the exclusive jurisdiction of the English Courts.

Copyrights & Trade Marks

You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, Coinz proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Coinz to terminate Account privileges of any Account Holder or Merchant who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Coinz by the copyright owner or the copyright owner's legal agent.

All materials and contents contained in this are copyright materials belonging exclusively to Coinz or its content suppliers and are protected by copyright.

Coinz is a Trade Mark of Charge 2 Limited.

Any trade marks which are not owned by Coinz and which appear on the Site with the permission of the trade mark owners are the property of their respective owners, who may not be otherwise affiliated with, connected to, or sponsored by Coinz.

Use of the Coinz Service(s)

Use of Coinz Service(s) is void where prohibited. By using the Coinz Service(s), you represent and warrant that:

all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you are 18 years of age or older or have parental/guardian consent;
your use of the Coinz Service(s) does not violate any applicable law or regulation;

When you sign up to become a Coinz Account Holder you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Account Holder at any time or to disclose your password to any third party. You agree to notify Coinz immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

You will create, maintain and use only one Coinz Account and password for your use. You will not create multiple user accounts and passwords for your use.

You will not use the Coinz Service(s) in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

Without limiting the foregoing, you will not use the Coinz Service(s) for any of the following activities:

criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
interfering with, disrupting, or creating an undue burden on the Coinz Service(s) or the networks or Service(s) connected to the Coinz Service(s);
attempting to impersonate another Coinz Account Holder;
using the account, username, or password of another Account Holder at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your Coinz Account;
using any information obtained from the Coinz Service(s) in order to harass, abuse, or harm another person;
using Coinz Service(s) in a manner inconsistent with any and all applicable laws and regulations;

We shall use Our reasonable endeavours to make available to you at all times the Coinz Service(s) but We shall not, in any event, be liable for interruptions to or unavailability of the Coinz Service(s).

Coinz reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of the Coinz Service(s) at any time, with or without prior notice.

Purchasing Coinz

We reserve the right to alter pricing of purchasing Coinz to charge-up a Coinz Account. Coinz will inform Members by email if the pricing of purchasing Coinz is to be altered. You can then decide if you want to continue to use such service.

Refund Policy

If your Coinz Account is cancelled in accordance with Our Cancellation conditions, you will be entitled to redeem the balance of redeemable (Standard & Royalty) Coinz. Standard Coinz and Royalty Coinz can be redeemed for an equivalent monetary value (1 Coinz = $0.0075). You can specify which currency ($/£/€) you wish to be paid in and method of payment and the value depends on the exchange rate published by Coinz on the day of redemption.

Payment can be made via the following methods:

BACS (7 Days)
Cheque (7 Days plus postage time)

You acknowledge and accept that each Coinz redemption payment method is subject to a transfer fee. Applicable fees are indicated within the Coinz website or on the web page prior to you completing the redemption transaction. The transfer fee will be deducted from your ‘standard’ Coinz balance with the equivalent number of Coinz tokens before your redemption payment is calculated and made.

Cancellation

This Agreement shall remain in full force and effect while you use the Coinz Service(s) or are a Coinz Account Holder or Mechant. Even after your Account has been cancelled, this Agreement will remain in effect. You may terminate your Coinz Account at any time, for any reason by emailing customer services.

Coinz may suspend the provision of the Coinz Service(s) to you and/or terminate your Coinz Account without notice to you if you:

breach any term of this Agreement;
are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors;

Coinz reserves the right, in its sole discretion, to suspend the provision of the Coinz Service(s) to you and/or terminate your Coinz Account at any time, without warning.

Indemnity

You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by you of this Agreement and any claim brought against Us by a third party resulting from the provision of the Coinz Service(s) by Us to you and your use of the Coinz Service(s) including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content that you post through Coinz Service(s) causes Coinz to be liable to another.

Limitation of Liability

Coinz will not be responsible for any incorrect or inaccurate Content uploaded to Coinz Websites or in connection with Coinz Service(s), whether caused by Users of the Coinz Service(s) or by any of the equipment or programming associated with or utilised in the Coinz Service(s).

Coinz is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Coinz Service(s) or combination thereof.

Coinz is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorised access to, or alteration of any Content on the Coinz Service(s).

The Coinz Website may contain links to other websites. Coinz is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Coinz. Inclusion of any linked website on Coinz Service(s) does not imply approval or endorsement of the linked website by Coinz.

When you access these third-party sites, you do so at your own risk. Coinz takes no responsibility for third party advertisements, which are posted on this, the Coinz Website or through the Coinz Service(s), nor does it take any responsibility for the goods or Service(s) provided by its advertisers.

Coinz is not responsible for the conduct, whether online or offline, of any User of the Coinz Service(s).

All conditions, terms, representations and warranties relating to the Coinz Service(s) supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these Terms of Use including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law, subject always to sub clause 8.7.

Nothing in these Terms of Use shall exclude Our liability for death or personal injury resulting from Our negligence.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Coinz Service(s) shall be limited to the charges paid by you in respect of the Service(s) that are the subject of any such claim.

In any event no claim shall be brought unless you have notified Us of the claim within one month of it arising.

In no event shall We be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Non-Waiver

Any forbearance or failure by Us to enforce a provision to which you are subject shall not affect Our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These Terms of Use together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms of Use. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

These Terms of Use were last modified 21st October 2009.