Terms Of Service

DISCLAIMER:  BuySellHODL does not provide financial advice. The material on the Buysellhodlapp.com Website and Mobile Applications, including the listings, ratings, recommendations, and analysis, has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, financial advice. Buying and trading cryptocurrencies is very risky and you should consult your own financial advisors before engaging in any transaction.  BuySellHODL is not accountable, directly or indirectly, for any damage or loss incurred, alleged or otherwise, in connection to the use or reliance of any content you read on the app and website.

BuySellHODL Terms of Service

As of January 29, 2019

IMPORTANT: THE FOLLOWING TERMS OF SERVICE APPLY TO YOUR USE OF THE “BUYSELLHODL PLATFORM” (AS DESCRIBED BELOW).  PLEASE READ THEM CAREFULLY, TOGETHER WITH OUR PRIVACY POLICY AND OFFICIAL RULES.

These terms of service (the “Terms of Service“) apply to your use of the BuySellHODL Platform operated by Lerner Ventures Inc. (“Sponsor” or “we“, “us“, or “our“).  The “BuySellHODL Platform” consists of any platform (including without limitation any web, mobile, tablet, pad and/or cloud-based platform, as well as future technologies), along with any server(s) (real or virtual), website(s), webpage(s), domain(s), supporting file(s), hardware, software and/or other content, that are owned, operated and/or controlled by us, through which we provide each “Guest” (an individual who is eligible to participate in some activities on the BuySellHODL Platform) and each “Member” (an individual who is eligible to participate in the activities on the BuySellHODL Platform and who has properly completed the registration process) with access to our tournaments, games, contests, sweepstakes and other promotions.  The term “User” refers to a Guest or a Member. By using the BuySellHODL Platform, you agree to be bound by these terms and conditions (the “Terms of Service“), our Privacy Policy (the “Privacy Policy“), and our Official Rules (the “Official Rules”). Links to each are available on the BuySellHODL Platform.  All of the terms and conditions contained in the Privacy Policy and the Official Rules are deemed incorporated into these Terms of Service by this reference.  In case of a conflict between the Terms of Service, Privacy Policy, and/or the Official Rules, the Terms of Service shall govern.

 

We may change these Terms of Service from time to time.  The most recent version of the Terms of Service will always be posted on any available BuySellHODL Platform with the “As of” date posted at the top of the Terms of Service.  If we make any material changes to our Terms of Service, you will know because the “As of” date of the Terms of Service will change. By accessing the BuySellHODL Platform after the “As of” date, you are deemed to consent to our then-current Terms of Service.

Eligibility Requirements; Ability to Accept Terms of Service

You affirm that you are a) at least the age of majority in your country, state, province, or jurisdiction of residence (and at least twenty (20) years old in Taiwan); b) not a resident of any of the following countries; the Balkans, Belarus, Brazil, Burma, China, Cote D’ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Pakistan, Quebec, Sudan, Syria, Turkey, or Zimbabwe; and c) not a person or entity under United States export controls or sanctions.  You must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Your access to the BuySellHODL  Platform may be terminated, without warning, if we believe that you are less than the age of majority in your country, state, province, or jurisdiction, or that any information provided with your registration is purposefully incorrect or inaccurate.  Employees, investors, consultants, officers and directors of Sponsor and each of their immediate family members are not eligible to participate or win any prize via the BuySellHODL  Platform.  “Immediate family members” shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, and partners or spouses. The BuySellHODL  Platform is void where prohibited by law.

Member Registration

Before participating in all of the activities offered on the BuySellHODL Platform and receiving any prizes, you must become a Member by registering for a Member Account.  To become a Member and create a Member Account, you must provide the registration information as requested or log in via a third party authentication mechanism (a “Third Party Account”). You must provide accurate and complete information and keep your Member Account information updated.

*All cash prizes will be paid via Paypal.com.  Members must have their own individual PayPal account in order to receive cash prizes from Sponsor.  It is each Member’s responsibility to provide the email address that is associated with that Member’s PayPal account during Member registration.  If the email address provided by a Member is not associated with that Member’s valid personal PayPal account, PayPal classifies such funds as unclaimed funds.  All unclaimed funds in PayPal will be forfeited immediately. PayPal is subject to separate terms and conditions. Visit Paypal.com for more information and to set-up an account which is required for claiming cash prizes.  Sponsor is not responsible should PayPal become unavailable for any reason. Should PayPal become unavailable for an extended period of time, Sponsor will select an alternate means for delivering cash prizes and shall alert all Members of same.

If a Member’s information changes, it is the Member’s responsibility to notify Sponsor of same by logging into their Member Account and updating their information. If any personal information associated with a Member Account is incorrect such that our verification process is unsuccessful or a prize cannot be awarded, the Member will forfeit that prize and may request after forfeiture that his/her personal information is updated. Members are only allowed to obtain and/or use a single active Member Account.  MEMBERS MAY NOT USE FALSE AND/OR MISLEADING INFORMATION WHEN CREATING AND USING THEIR MEMBER ACCOUNT.  If, at any time, Sponsor discovers that a Member purposefully provided incorrect information during registration in an attempt to defraud or circumvent the eligibility requirements, such Member’s Member Account will be immediately terminated.  Limit one (1) active Member Account per person.  Member Accounts cannot be shared amongst individuals.  Any duplicate or multi-person Member Accounts are subject to cancellation.

 

You are responsible for ensuring the confidentiality of your user name and password, and you agree not to transfer or resell your use of or access to the BuySellHODL Platform to any third party.  If you have reason to believe that your Member Account is no longer secure, you must promptly contact Sponsor at contact (at) buysellhodlapp (dot com).  Members are solely responsible for keeping their user name and password confidential for any and all activities, whether by you or anyone else, which are conducted through your Member Account.

Members agree not to engage in unsportsmanlike conduct or otherwise abuse the BuySellHODL Platform or activities available thereon by conduct that is or may be detrimental to the interests of Sponsor or other Members.  This includes the use or distribution of any auto play or cheat utility software program or application. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity or by participating in, or benefiting from, an auto play or cheat utility software program, syndicate or group may have their Member Account terminated at Sponsor’s sole and absolute discretion, and the Member may be referred to appropriate law enforcement agencies.  Sponsor reserves the right, but not the obligation, to monitor your access to and use of the BuySellHODL Platform.

Account Data

When you register for a Member Account, you agree (i) to provide and keep correct and complete information (“Account Data“) where required (ii) to keep such Account Data current while you are a Member and (iii) not to assign your Member Account, or rights associated with your Member Account, to another person or entity. BuySellHODL, in its sole discretion, shall determine what means of identification shall be appropriate for your use of the BuySellHODL Platform.

 

If we believe in our sole discretion that your Account Data is untrue, inaccurate, misleading or incomplete, we reserve the right to suspend or terminate your Member Account.  You acknowledge and agree that we may rely on the Account Data to send you information and notices regarding your Member Account and the BuySellHODL Platform, as further set forth in the Privacy Policy. Sponsor shall have no liability associated with or arising from your failure to maintain accurate Account Data, including, but not limited to, your failure to receive critical information about the BuySellHODL Platform or your Member Account.  Neither Sponsor nor any of our third party service providers shall be responsible for verifying your Account Data. We may, at any time and at our sole discretion, request that a Member provide proof of identity to verify the accuracy of such Member’s Account Data.

 

Membership Termination

At our sole discretion, we may terminate or suspend any Member Account for any or no reason. Sponor may, at its sole discretion, reset all Member Accounts that have not been active for four (4) months or more.  If your Member Account is terminated it will result in cancellation of all rights of access to and use of the BuySellHODL Platform. In the case of suspected fraud, misuse, or violation of these Terms of Service, or the purpose of these Terms of Service, Sponsor will be the sole arbiter of whether any fraud, misuse or violation occurred.  Any decision Sponsor makes relating to termination or suspension of any Member Account shall be binding and irrevocable.

Payments

Electronic Signatures and Contracts. Your use of certain activities on the BuySellHODL Platform may require your ability to enter into agreements and/or to make payments electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND, IF APPLICABLE, TO PAY FOR SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE BUYSELLHODL PLATFORM, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

 

Fees. Any applicable fees will appear on your mobile phone bill or be deducted from your prepaid mobile phone account or from the credit card associated with the applicable app store account. All payment obligations must be authorized by the member.  All fees are stated in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Member Account, including any unauthorized charges. We reserve the right to change the fees and/or billing practices at any time.  You are responsible for paying any applicable sales, use or other taxes related to the BuySellHODL Platform.

Interruption, Discontinuation or Limitations of the BuySellHODL Platform

Sponsor reserves the right at any time to interrupt, modify, suspend, discontinue or permanently cancel the BuySellHODL Platform, or portions thereof, without notice to you.

Personal Use

Subject to the terms of these Terms of Service, the Privacy Policy, and the Official Rules, you acknowledge and agree that the BuySellHODL Platform is for your personal use.  You shall not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the BuySellHODL Platform. You shall not attempt to or otherwise authorize, encourage or support others’ attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the BuySellHODL Platform in any manner.

Intellectual Property Rights

The content on the BuySellHODL Platform, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Sponsor Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to Sponsor and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Sponsor Content on the BuySellHODL Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner.  Sponsor reserves all rights not expressly granted in and to the BuySellHODL Platform and Sponsor Content. You agree not to engage in the use, copying, or distribution of any of the Sponsor Content other than as expressly permitted herein. If you download or print a copy of the Sponsor Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the BuySellHODL Platform or features that prevent or restrict use or copying of any Sponsor Content or enforce limitations on use of the BuySellHODL Platform or the Sponsor Content therein.

User Content

The BuySellHODL Platform may invite you to chat or participate in blogs, message boards, online forums and other functionalities and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Sponsor and/or to or via the BuySellHODL Platform, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content“). Any material you transmit to us will be treated as non-confidential and non-proprietary.

By submitting any User Content, you agree that: your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms of Service, Sponsor is merely acting as a passive conduit for the distribution of your User Content and shall not incur any obligations or liability arising out of your User Content or licenses you grant thereto, you hereby waive any moral rights you may have to your User Content, and all of your User Content is true and accurate.

By submitting any User Content, you grant to Sponsor the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever, in any and all formats, on or through any and all media, software, formula or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed and to advertise, market and promote same without compensation or notice to you and without any obligation of confidentiality.

Sponsor has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Sponsor does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on its own behalf.

Sponsor has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the BuySellHODL Platform without notice for any reason at any time.

Sponsor may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability.

Sponsor reserves the right to treat User Content as content stored at the direction of users for which Sponsor will not exercise editorial control; provided, however that Sponsor shall have the right to exercise any control over User Content as may be necessary to enforce the rights of third parties and all of the restrictions set forth in these Terms of Use.

You acknowledge that you do not rely on Sponsor to monitor or edit the BuySellHODL Platform and that the BuySellHODL Platform may contain content, which you find offensive, and you hereby waive any objections you might have with respect to viewing such content.

Rules of Conduct

As a condition of your use and access to the BuySellHODL Platform, you agree that your use of and conduct on the BuySellHODL Platform shall be lawful and your User Content will not: include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone; promote violence or describe how to perform a violent act; violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or be in violation of these Terms of Service or the Official Rules (collectively, “Content Restrictions“).

You further agree that you and your activities on the BuySellHODL Platform will not: reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual; attempt to impersonate any other party, including, but not limited to a Sponsor employee, host, or representative; create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications; trick, defraud or mislead Sponsor and other users, especially in any attempt to learn sensitive account information such as passwords; make improper use of Sponsor’s support services or submit false reports of abuse or misconduct; engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme; disparage, tarnish, or otherwise harm, in Sponsor’s opinion, Sponsor and/or the BuySellHODL Platform; violate these Terms of Service or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Sponsor on the BuySellHODL Platform; disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the BuySellHODL Platform and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the BuySellHODL Platform or any User Content; copy or adapt the BuySellHODL Platform’s software including but not limited to Flash, PHP, HTML, JavaScript or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the BuySellHODL Platform creates to generate web pages or any software or other products or processes accessible through the BuySellHODL Platform; upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (gifs), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as spyware, passive collection mechanisms or PCMs); except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot or bot, cheat utility, scraper or offline reader that accesses the BuySellHODL Platform, or use or launch any unauthorized script or other software; cover or obscure any notice, banner or advertisement on the BuySellHODL Platform; disguise the source of your User Content or other information you submit to the BuySellHODL Platform or use tools which anonymize your internet protocol address (e.g., anonymous proxy) to access the BuySellHODL Platform; interfere with or circumvent any security feature of the BuySellHODL Platform or any feature that restricts or enforces limitations on use of or access to the BuySellHODL Platform or the User Content; sell or otherwise commercialize the BuySellHODL Platform or any part or access thereof in any manner; or engage in cheating or any other activity deemed by Sponsor to be in conflict with the spirit or intent of the BuySellHODL Platform.

You acknowledge that some of the content or communications on the BuySellHODL Platform may be offensive to you or to others who you may expose, deliberately or inadvertently, to the content or the BuySellHODL Platform.

Sponsor does not control or endorse the content, messages, information, or any products or services found in User Content portions of the BuySellHODL Platform or external sites that may be linked to or from the BuySellHODL Platform. Sponsor has no control over these linked sites, all of which have separate terms, privacy practices and data collection practices, independent of Sponsor. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Sponsor specifically disclaims any responsibility with regard to linked sites if such linked sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

 

The restrictions set forth in this section are provided as an example rather than as a limitation and you hereby agree to comply with any additional rules specifically applicable to the BuySellHODL Platform.

User Disputes

You are solely responsible for your interactions with other Members on the BuySellHODL Platform.  We reserve the right, but have no obligation, to monitor disputes between you and other Members.

Links, Products and Services

There may be links provided on the BuySellHODL Platform to other websites belonging to our advertisers, business partners, affiliates and other third parties.  Third parties, in some cases, may also link to the BuySellHODL Platform. Such links do not constitute an endorsement by Sponsor of those websites, nor the products or services made available on those websites.  Sponsor is not responsible for the activities or policies of those websites. You acknowledge and agree that Sponsor shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and/or other third parties.

Location-Based Services

Sponsor may offer features that are based on the location of Users and which may report on the locations of those users as they use the BuySellHODL Platform (the “Location-Based Services“). Members may partake in using these Location-Based Services solely at their own discretion, and may opt out of providing such information by turning off those features. Members who use Location-Based Services are consenting to Sponsor’s collection and dissemination of such Member’s location information through the BuySellHODL Platform. Under no circumstances shall Sponsor be liable for claims or damages arising out of a Member’s decision to use Location-Based Services.

In-App Purchases

Through the BuySellHODL Platform, Members may purchase (“In App Purchase“) certain goods designed to enhance the performance of the BuySellHODL Platform (“Goods”). When Members purchase Goods, they are doing so through either the Apple iTunes service terms (http://www.apple.com/legal/internet-services/itunes/us/terms.html ) or the Google Play service terms  (http://play.google.com/intl/en_us/about/play-terms.html) and are agreeing to their respective Terms and Conditions. Sponsor is a party to any In App Purchase.

Disclaimer of Warranties; Limitations of Liability

YOUR USE OF THE BUYSELLHODL PLATFORM AND PARTICIPATION IN ANY ACTIVITIES AVAILABLE THEREON, IS SOLELY AT YOUR OWN RISK.  THE BUYSELLHODL PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND BY SPONSOR OR ITS AFFILIATES, AS APPLICABLE.  TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SPONSOR AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.  THERE IS NO WARRANTY THAT THE BUYSELLHODL PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SPONSOR AND/OR ITS AFFILIATES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BUYSELLHODL PLATFORM WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE.  YOU AGREE THAT YOU WILL NOT HOLD SPONSOR AND/OR ITS AFFILIATES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE BUYSELLHODL PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS SAME. YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO SPONSOR AND/OR ITS AFFILIATES, AS APPLICABLE.  WITHOUT LIMITING THE FOREGOING, SPONSOR DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, OR QUALITY OF THE BUYSELLHODL PLATFORM OR INFORMATION TRANSMITTED VIA THE BUYSELLHODL PLATFORM, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE BUYSELLHODL PLATFORM, OR INFORMATION TRANSMITTED VIA THE BUYSELLHODL PLATFORM.  IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS, SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE BUYSELLHODL PLATFORM. WITHOUT LIMITING THE FOREGOING, SPONSOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE BUYSELLHODL PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE BUYSELLHODL PLATFORM IS AT YOUR SOLE RISK.

IN NO EVENT SHALL SPONSOR OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS AND/OR AFFILIATES BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THESE TERMS OF SERVICE, THE PRIVACY POLICY, ANY APPLICABLE RULES, OR THE LAW; (II) YOUR ACCESS OR USE OF THE BUYSELLHODL PLATFORM; (III) ANY THIRD PARTY’S ACCESS OR USE OF THE BUYSELLHODL PLATFORM UNDER YOUR USER NAME OR PASSWORD; (IV) YOUR INABILITY TO ACCESS OR USE THE BUYSELLHODL PLATFORM FOR ANY REASON OR FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY SOFTWARE OR CONTENT; (VI) YOUR RELIANCE UPON OR USE OF ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES; (VII) THE BREACH OF SPONSOR’S SECURITY; OR (VIII) THE UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, SPONSOR’S LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO SPONSOR FOR USE OF THE BUYSELLHODL PLATFORM.

Without limiting the foregoing, Sponsor is not responsible for any damage to any Member’s equipment, computer, software, phone or wireless device due to accessing the BuySellHODL Platform or downloading of any software or information necessary to use the BuySellHODL Platform.  There is no stated or assumed guaranteed service level for the BuySellHODL Platform may be interrupted and may not always be free of errors. Under no circumstances will Sponsor be responsible for errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the BuySellHODL Platform.

Some state laws do not allow limitations on certain warranties or damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Indemnification

You agree that you shall defend, indemnify and hold harmless Sponsor and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates and other Members of the BuySellHODL Platform from and against any and all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys’ fees and costs, arising out of, or related to: (i) any breach or violation of these Terms of Service, the Privacy Policy, or the Official Rules or law by you; (ii) your failure to provide accurate, complete, non-misleading and current Account Data; (iii) your access or use of the BuySellHODL Platform; and (iv) any third party’s access or use of the BuySellHODL Platform under your user name and password.

Governing Law, Venue and Jurisdiction; Arbitration

Governing Law/Arbitration

IMPORTANT * PLEASE REVIEW * AFFECTS YOUR LEGAL RIGHTS

These Terms of Use and all aspects of the BuySellHODL Platform shall be governed by and construed in accordance with the laws of the state of New York, notwithstanding the conflicts of laws rules of New York or any other jurisdiction, and regardless of your location.  With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in New York County, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in New York County, New York.

 

You acknowledge that the rights granted and obligations made hereunder to Sponsor are of a unique and irreplaceable nature, the loss of which shall irreparably harm Sponsor and which cannot be replaced by monetary damages alone so that Sponsor shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.

 

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service and/or the BuySellHODL Platform (“Dispute“), you agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. You will send your notice of any legal dispute to Lerner Ventures Inc., 228 Park Ave S, Suite #97707, New York, NY, 10003-1502. Attn: Legal Dispute. Informal negotiations shall commence upon your receipt of written notice from Sponsor of Sponsor’s intent to participate in such informal negotiations.

 

Binding Arbitration. If you and Sponsor are unable to resolve a Dispute through informal negotiations, either you or Sponsor may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by Sponsor shall be final and binding on you. YOU UNDERSTAND THAT YOU HEREBY WAIVE YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website located at uniform resource locator www.adr.org.

For claims of $75,000 or less, Sponsor will pay all filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Sponsor for all monies previously disbursed by it that is otherwise your obligation to pay under the AAA Rules. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

 

At your election, the arbitration may be conducted in person, through the submission of documents, by phone or online. If the arbitration is conducted in person, it shall be conducted in the county (or parish) where you reside, unless you and Sponsor agree otherwise.

 

The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party.

 

If the arbitrator finds in your favor, you may recover reasonable attorneys’ fees and expenses to the extent that they are recoverable under applicable law. Although under some laws Sponsor may have a right to an award of attorneys’ fees and expenses if it prevails, Sponsor agrees that it will not seek such an award if the claims are resolved in arbitration. The arbitrator may make rulings and resolve disputes as to the payment or reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

Restrictions. You and Sponsor agree that any arbitration shall be limited to the Dispute between Sponsor and you individually. To the full extent permitted by law: No arbitration shall be joined with any other; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Opt-out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt out to the following address: 228 Park Ave S,  Suite #97707, New York, NY, 10003-1502.

The notice must be sent within 30 days of 10/5/2018 or your first use of the BuySellHODL Platform, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt out of these arbitration provisions, Sponsor also will not be bound by them.

 

Exceptions to Informal Negotiations and Arbitration. You and Sponsor agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: Any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Sponsor’s intellectual property rights; Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and Any claim for injunctive relief.

Notwithstanding any of the provisions in this section, either party may bring an individual action in small claims court in lieu of arbitration.

Export Control

Sponsor operates and controls the BuySellHODL Platform from its offices worldwide. Sponsor makes no representation that the BuySellHODL Platform is appropriate or available in locations not currently serviced by Sponsor. The information provided on the BuySellHODL Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Sponsor to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the BuySellHODL Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Platform may be subject to United States export controls. Thus, no software from the BuySellHODL Platform may be downloaded, exported or re-exported (i) into (or to a national or resident of) Balkans, Belarus, Brazil, Burma, China, Cote D’ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Pakistan, Quebec, Sudan, Syria, Turkey, or Zimbabwe, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or otherwise accessing any software in connection with your use of the BuySellHODL Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

Complaints or Notices

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on the BuySellHODL Platform in a way that may constitute copyright infringement, you may provide notice of your claim to Sponsor’s intellectual property agent listed below. For your notice to be effective, it must include the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work that you claim has been infringed upon; a description of where the material that you claim is infringing is located on the BuySellHODL Platform; information reasonably sufficient to permit Sponsor to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sponsor’s Designated Agent is:

contact (at) buysellhodlapp (dot com)

228 Park Ave S
Suite #97707
New York, NY, 10003-1502

 

 

Miscellaneous

  •       Members may only use those portions of the BuySellHODL Platform made available to Members.  Members are forbidden to access or attempt to access other Member Accounts or to otherwise attempt to violate the security or systems of the BuySellHODL Platform.
  •       Sponsor will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from the BuySellHODL Platform.
  •       If any part of these Terms of Service, Privacy Policy, or the Official Rules are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, the Terms of Service, Privacy Policy, and/or the Official Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Service, Privacy Policy, and/or the Official Rules that is deemed unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the intent thereof.
  •       The headings contained in these Terms of Service, Privacy Policy, and/or the Official Rules are for convenience of reference only, are not to be considered a part of the Terms of Service, Privacy Policy, and/or the Official Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Service, Privacy Policy, and/or the Official Rules.
  •       No waiver of any portion of these Terms of Service, the Privacy Policy, or the Official Rules shall be effective against Sponsor unless it is in writing and signed by an authorized representative of Sponsor.  The failure of Sponsor to require performance of any obligation of the Terms of Service, Privacy Policy, or the Official Rules shall not affect Sponsor’s right to enforce any provision of the Terms of Service, Privacy Policy, or the Official Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
  •       All covenants, agreements, representations and warranties made by you in the Terms of Service, Privacy Policy, or the Official Rules shall survive the termination of the Terms of Service, the Privacy Policy, or the Official Rules, and the termination of your use of the BuySellHODL Platform.

If you have questions, comments, concerns or feedback regarding the Terms of Service, Privacy Policy, or the Official Rules or the BuySellHODL Platform, please contact us at contact (at) buysellhodlapp (dot com) or write to us at 228 Park Ave S, Suite #97707, New York, NY, 10003-1502.
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Sponsor shall have no obligation of any kind with respect to such questions, comments, concerns or feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the questions, comments, concerns or feedback to others without limitation.  Further, Sponsor shall be free to use any ideas, concepts, know-how or techniques contained in such questions, comments, concerns or feedback for any purpose whatsoever, including but not limited to developing and marketing the BuySellHODL Platform incorporating such questions, comments, concerns or feedback.

The Terms of Service, Privacy Policy, and Official Rules made available to you by Sponsor, each as amended from time to time, represent the entire understanding and agreement between you and Sponsor regarding the subject matter of same, and supersede all other previous agreements, understandings and/or representations regarding the same.

THE BUYSELLHODL PLATFORM IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC., FACEBOOK, GOOGLE, OR PAYPAL AND THESE COMPANIES ARE COMPLETELY RELEASED OF ALL LIABILITY BY EACH MEMBER.  BY USING THE BUYSELLHODL PLATFORM, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO APPLE INC., FACEBOOK, GOOGLE, OR PAYPAL.