Please read and understand the following terms and conditions that regulate your use of and access to our website and applications, including DigiByteGaming and DigiByteTip and any other services provided by us in accordance with these Terms and
Conditions of Use from time to time (“Services”). By using our Services, you are agreeing to these terms and in the absence of your agreement thereto, you are not allowed to use or access our Services.
We shall be entitled to change, modify, add or delete any of these Terms and Conditions of Use at any time as we deem fit and you are obligated to check the most updated version of these Terms and Conditions of Use periodically. Your continued use of
our website and Services following any change made to the Terms and Conditions of Use shall constitute binding acceptance of these modified or change of Terms and Conditions and unconditional agreement to these changes.
2. THE CONDITIONS PRECEDENT
You hereby acknowledge and agree with us that our Services provides the online software platform to you so that you may use the Service for leaving or receiving a tip by way of DigiBytes that has been stored in your private DigiByte Wallet. For an
avoidance of doubt, the service of tipping is through the use of DigiBytes from your DigiByte Wallet rather than by the use of money. We are not running an internet merchant account services and shall not be regarded as such. Our Services only grants
you a nonexclusive and non-transferrable license to use the online software platform, the intellectual property rights of which are owned or controlled by us. The use of our Services and the license granted herein shall be subject to and condition
upon the compliance of the following terms and conditions:
a. You hereby confirm to us that you have used your real name and other personal information when opening a DigiByte account for the purpose of the Services and if you use other alias in any other online media social platform provided by third party
services providers including but not limited to Twitter, Google plus, Reddit, YouTube, LinkedIn and Facebook etc. and any other service providers that provide gaming platforms (“Third Party Services Providers”), you must provide us with your real
name and personal information together with the relevant ID and address proof in support thereof in compliance with the relevant Anti-Money Laundering and Counter-Terrorist Financing policies, statutory and regulatory requirements;
b. You represent, warrant, and agree that you shall not allow anyone to log in to the Services as you nor share your account with anyone else and that you will not use the Services or interact with the Services in a manner that violates the laws or
statutory regulations or rights of anyone else; and that you are not allowed to use the Services if your use of which is prohibited by the relevant laws;
c. You obtain the DigiBytes from your own lawful financial means/sources and not from the fund that qualifies as “proceeds of an indictable offence” under section 25 (1) of the Organized and Serious Crimes Ordinance (Cap 455) of the Laws of Hong Kong
or under the relevant anti-money laundering laws;
d. You shall ensure yourself that you are properly and duly authorized to use the services provided by Third Party Services Providers (as approved by us from time to time) and shall comply with the rules and regulations of Third Party Services
Providers and all other applicable laws and statutory regulations in performing their duties when using their services for your transactions via our Services;
e. Not to use nor allowed any other person to use your DigiByte Account in any manner or way or form that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
f. Not to attempt directly or indirectly to obtain the password, account, or other security information from any other user of the Services;
g. Not to violate or otherwise compromise the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are
activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
h. You may not use our website or any applications for any purpose that is unlawful or prohibited by these Terms and conditions of Use, or to solicit the performance of any illegal activity; and
i. Decompiles, disassemble, decrypt, extract, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services or any algorithm, process, procedure or other information contained in
our website or system.
Any violation of any of the foregoing is a ground for immediate termination of your right to use or access the Services without any further notice to you and we shall under no circumstances be liable to you for any damages or losses as a result of
3. THE USE OF OUR SERVICES
Both DigiByteTip and DigiByteGaming facilitate the exchange of DigiBytes among DigiByte registered users (“DigiByte Users”) and between DigiByte Users and authorized Third Party Service Providers through the deposit of DigiBytes in the DigiByte
Wallet. Therefore, in order to utilize the Services, you must authenticate your other account(s) associated with the Third Party Service Providers that we support in our website. You will keep all your registration information current and accurate
and be responsible for all of your activities in connection with the use of the Services and of the Third Party Services. We shall have no obligations to become involved in any dispute you may have with the Third Party Service Providers.
You hereby declare and confirm with us that you accept full responsibility when dealing with the Third Party Services Providers including any information transmitted through our Services; the identity of a person from whom such information
transmitted to; and accept all liabilities associated with the use of the Third Party Services; and that under no circumstances shall we assume any liability on behalf of the Third Party Service Providers as we do not and cannot warrant the operation
of these Third Party Services. By using our Services and the Third Party Services, you shall hold us harmless from any and all liabilities arising out of and in connection with your use of our Service and/or any Third Party Services.
Notwithstanding anything contrary to the terms and conditions set forth herein, we hereby reserve the right to determine all matters in relation to the award of and/or entitlement to DigiByte, including but not limited to exchange and/or
distribution of DigiByte under the Services and/or any Third Party services. In case of any dispute, our decision will be final.
4. TERMS AND CONDITIONS OF THE THIRD PARTY SERVICES
Additional terms and conditions may apply to use of the Third Party Services and all of these additional terms and conditions are made a part of these Terms and Conditions of Use by this reference. If there is a conflict between these Terms and
Party Service Providers.
Our Services may also provide links to the website of the Third Party Services from time to time as a convenience to you and you hereby confirm and agree with us that we are not responsible for the accuracy of the content of the Third Party
Services and under no circumstances shall we be responsible or liable for any dispute or losses as a result of your use of the Third Party Services.
5. THE LIMIT OF TRANSACTIONS
You may be allowed to transfer to and receive from other DigiByte Users, or receive from one of the Third Parties Service ProvidersDigiByteTip, a value of DigiBytes equivalent to any sum less than US$200.00 per transaction with a rolling daily limit
of US$600.00 and a rolling weekly limit of no more than US$2,999.00 (with Monday being counted as the first day of a week). All transactions to and from a DigiByte User with another would be handled and confirmed by the blockchain.
Personal data means any data relating directly or indirectly to a living individual from which it is practicable for the identity of the individual to be directly or indirectly ascertained and in a form in which access or processing of the data
is practicable and you agree that we collect your personal data through the registration process or in your account settings and all other information as may be required for the purpose of opening a DigiByte Account.
You acknowledge that where your personal data is made available to us for the purposes of using the Services as stated herein and our website shall act as the personal data system with you for such purposes.
If you choose to register and log in to your DigiByte Account using your social media accounts, e.g. Facebook, we may collect any information that you permit through your settings on those social media accounts. Please review your privacy
settings on those social media accounts to control what information is provided to us through this option.
You further acknowledge and agree that any information transmitted when using our Services will automatically be received and recorded on our server logs from your browser or device, which may include your IP address, device identification,
“cookie” information, the type of browser and/or device you are using to access our Services, and the page or feature you requested; we may use these data and information to improve our Services and make our Services relevant to as many DigiByte
Users as possible.
When accessing the website of a Third Party Services Provider, it is your responsibility to prevent unauthorized access to your DigiByte Account and Personal Information by selecting and protecting your password and/or other sign-on mechanism
appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
You acknowledge and agree that Internet transmissions are never completely private or secure and that any information and transactions you send to us and/or Third Party Service Providers may be read or intercepted by others and that we shall not
be responsible and liable as a result of such unlawful disclosure of your information and transaction data to a third party.
You acknowledge and agree that we may preserve any transaction or communication by you when using our Services and may also disclose such data if so required by law or if we determine that such preservation or disclosure is reasonably necessary to
(1) comply with legal process,
(2) enforce these Terms and conditions of Use,
(3) respond to claims that any such data violates the rights of a third party of the public.
We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, statutory regulation, legal process or governmental request. We may disclose your information and/or personal data when we
determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations and government agencies for detection of crimes or fraud protection purposes.
We reserve the right at all times to disclose aggregated, anonymized or other data to advertisers, advertising networks and social networks that require the data to select and serve relevant adverts to you and others. We may also use aggregate
information to help advertisers reach the kind of user they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience;
Our Services is provided to you on an "as is" basis without any warranty whatsoever. We hereby disclaims all warranties, express, implied, or statutory, to you as to any matter whatsoever, including all implied warranties of merchantability,
fitness for a particular purpose and non-infringement of third party rights.
We further disclaims any and all liability for the acts, omissions and conduct of any Third Party Service Providers in connection with or related to your use of the Services
and you hereby accept all responsibility for your use of or access to our website and any linked sites. Your sole and only remedy against us hereunder is to stop using our Services.
You hereby accept and agree that this limitation of relief is a mandatory term of the contract for using our Services and accessing our website and websites of
Third Party Service Providers.
We will use our best endeavor to protect the privacy of your Personal Data and Information on transactions that we have in our server system.
Unfortunately, we cannot guarantee complete security as there is simply no such thing as a hatch free fire wall system in the world.
Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information and you agree that we shall not be liable under these
You hereby expressly acknowledge that you shall assume all responsibility related to the security, privacy and confidentiality risks inherent in online communication and
that we do not make any assurance or warranties relating to such risk; and we shall under no circumstances be liable to you for any indirect, consequential, exemplary, incidental
or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
The above disclaimer applies to, to the fullest extent permitted by applicable law, any damages, liability or injuries caused by any failure of our performance, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to,
alteration of, or use, for whatsoever causes.
8. LIMITATION OF LIABILITY
Should a competent court find that any of the Disclaimer stated clause 7 above is invalid as a matter of law and we are being held liable to you for any damage or loss which
arises out of or is in any way connected with your use of our Services, our liability shall in no event exceed US$50 in Digibyte.
You hereby agree to indemnify, defend, and hold us our employees or agents harmless from and against any loss, liability, damage, penalty or expense
(including attorneys' fees, expert witness fees and cost of defense) they may suffer or incur as a result of
(i) any failure by your failure to comply with these Terms and Conditions of Use;
(ii) any warranty or representation made by you being false or misleading;
(iii) any illegal and unlawful use of your DigiByte Account.
You herby agree that we may terminate or block your right to access to our Services as it deems fit to do so:-
a. if you have violated any of these Terms and Conditions of Use;
b. if your use will amount to an unlawful and unfair business practice, and will cause irreparable harm to us; or
c. for cause, which includes (but is not limited to) requests by law enforcement or other government agencies or complaints by other DigiByte Users
that you have committed a fraud or been accused of financial impropriety or otherwise socially unacceptable conducts or activities in an online environment; or
d. if your name matches a name in a sanctioned list of the relevant law enforcement agencies.
11. EFFECTS OF TERMINATION
In case of the termination for any of the above reasons, you agree that we will not be liable to you or any third party and that we shall only be required to return the stored
DigiBytes to you and that the termination of our Services shall not in any way affect our claim, demand, liability or right as a result of your breach of these Terms and Conditions of
Use prior to termination.
12.01 Declaration of Legal Age
By accepting these Terms and Conditions of Use, you hereby declare that you are of legal age of majority to form a binding contract and are capable of entering into these Terms and Conditions of Use.
No waiver of any of the provisions of these Terms and Conditions of Use shall be deemed, or shall constitute a waiver of any other provisions, whether or not similar,
nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party personally or an officer of the party making the waiver.
12.03 Entire Agreement
Each of the parties hereto acknowledges that it has own judgment in entering into these Terms and Conditions of Use and that these Terms and Conditions of Use constitutes the entire understanding between the parties hereto.
12.04 Independent Contractor
These Terms and Conditions of Use shall not be construed as constituting a partnership, joint venture or any other form of legal association that would impose liability upon one Party for the act or failure to act of the other Party, or as providing either Party with the right, power or authority (express or implied) to create any duty or obligation of the other Party.
If for any reason any provision of these Terms and Conditions of Use is determined to be invalid or unenforceable, the remaining provisions of this Terms and Conditions of Use nevertheless shall be construed, performed and enforced as if the invalidated or unenforceable provision had not been included in the text hereof.
Any notice or written statement required hereunder shall be deemed to be duly given at such latest email address as it may from time to time designate in writing to the other party.
13. GOVERNING LAW
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.