Terms and Conditions

Cryptiquest, LLC Terms of Use

LAST UPDATED: 12/07/14

This website, including the features and services available from the site, (collectively “Cryptiquest.com” or the “Site”), is an interactive online website operated by Cryptiquest, LLC (“Cryptiquest,” “We”, “Us”). Cryptiquest.com displays various updates, announcements, and other content surrounding current and upcoming projects and games.

Before using the Site, you must agree to these Terms of Use (“Terms”) and Our Cryptiquest Privacy Policy (“Privacy Policy”).

If you do not agree to these Terms and corresponding Privacy Policy, you are prohibited from using this Site.

COMMUNITY GUIDELINES AND USER CONTENT.

Age Restrictions and Interactive Areas.  The Site is intended only for individuals 13 years of age or older.  If you are under 13, you are strictly prohibited from using the Site.

The Site may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or your parent or legal guardian have given you permission to enter into these Terms of Use, submit content, participate on the Site and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and Cryptiquest.

Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with the Site you agree to abide by the following rules of conduct:

• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Us, in Our sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Cryptiquest.com.

Any additional conduct that in Our sole discretion restricts or inhibits anyone else from using or enjoying Cryptiquest.com will not be permitted.

Monitoring.  We are not responsible for User Content submitted to Cryptiquest.com or posted in comments sections or on other Interactive Areas by users of Cryptiquest.com. We have the right, but not the obligation, to monitor User Content posted or uploaded to Cryptiquest.com to determine compliance with these Terms of Use and any operating rules established by Cryptiquest and to satisfy any law, regulation or authorized government request.

Although We have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to Cryptiquest.com, We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted to Cryptiquest.com at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.

Right to Terminate or Deny Service. You understand that We, at Our sole discretion, at any time, and with or without reason, may deny or block access to the Site for any user.

Right to Change Site. You understand and agree that We may, at Our sole discretion, alter, change, modify, suspend, or cease, in whole or in part, temporarily or permanently, any feature, function, or aspect of the Site without notice to you, including, but not limited to, changes to access and usage procedures, without any liability to you for any such action.

Disclosure by Law. You understand that We have the right to disclose information you provide the Site if required by law, at the request of a third party, or if We, at Our sole discretion, believe that disclosure is the appropriate method of dealing with any issue that arises. Such issues may include, but are not limited to, law enforcement requests, court orders, protection of Our, or a third party’s property or rights, or protection of an individual’s health or safety.

Disclosure to Protect Abuse Victims. We reserve the right, but are not obliged, notwithstanding any other provision of this contract, to release or disclose any information you submit or transmit to or through the Site if, in Our sole opinion, there is any reason to suspect that information involves a party who may be the victim of any form of abuse.

Right to Conduct Research; Informed Consent. You understand and agree that We may, at Our sole discretion, anonymously collect and utilize information from you or your interaction with the Site to conduct research and evaluation of the Site to improve the Site and the user experience with the Site. All information collected will be used in accordance with Our Privacy Policy.

USER SAFETY.

Personal Safety. Your safety and security are extremely important to Us. This Site, through its normal use, promotes the exchange of personal information between users. You must always remain aware that some potions of this information are viewable by the public, and as such may be indexed by Internet search engines and used for purposes beyond the knowledge and control of the Site. We advise you in the strongest terms to use caution and carefully consider sharing any personally identifiable information with other users. We cannot and do not assure the safety of contacts made with other users. We do however, encourage you, if you feel at any time that another user is harassing or threatening you, to contact your local authorities and Us at legal@cryptiquest.com so We can take the appropriate action to block access to the Site for any user violating Our Terms. We reserve the right to release information pertaining to any user or incident to law enforcement for their investigative purposes.

Use of Others’ Information Just as your safety and enjoyment of the Site is critical to Us, so is the safety and enjoyment of the other users. So, by agreeing to these Terms, you agree to use any and all information gained through the Site in a lawful and responsible manner. You further agree not to use any information gained about other users for any reason without the prior express consent of that user(s).

You are solely responsible for your interactions and arrangements with other individuals.  You expressly understand that We do not screen users, nor do We make inquiry of Our users, or attempt to verify their statements. We cannot warranty or represent; the conduct of users, information communicated by users, or any other communications made by users through the Site. We cannot be liable for damages of any kind (general, special, direct, indirect, incidental or consequential) arising from or relating to anyone else with connection to the Site, including, but not limited to; bodily injury, emotional distress, or any damages or harm resulting from meeting or communicating with persons met through use of the Site. It is up to you to take reasonable and prudent precautions and always exercise the utmost of care when interacting with other users or persons met through the Site, especially when deciding to initiate or agreeing to meet in person.  Under no circumstances should you provide security, financial, or confidential information to other users.

INTELLECTUAL PROPERTY RIGHTS AND POLICIES.

Ownership. We own and retain all intellectual and proprietary rights to the Site. The Site contains copyrighted materials, trademarked items, and other proprietary information belonging to Us and our licensors. Only Site content within the Public Domain, or for which express permission has been given to you by Us, can be copied, transmitted, published, distributed, or sold.

Use License. Subject to the Terms of this Agreement, We grant you a limited, revocable, and non-exclusive right to access the Site and its content, for the limited and sole purpose of facilitating your use of the Site.

User Content. You understand and agree that, by using the Site and contributing content to it, you shall and do grant Us the world-wide, non-exclusive, fee and royalty free, licensable, and transferrable right to use, modify, copy, distribute, display, derive from, publish, and otherwise utilize all such content, including all related intellectual property rights, in any media format, for any purpose, and to allow others to do so.

Unsolicited Ideas and Materials Prohibited; No Confidential or Special Relationship With Cryptiquest. Cryptiquest has its own creative team that develops new ideas and products. In some instances, We solicit and receive product idea submissions from professional third parties with whom Cryptiquest has business relationships.

Cryptiquest (including its affiliates and employees) does not accept or consider unsolicited ideas or materials including, but not limited to: ideas for new games, advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, samples, demos, game plans and notes, concepts or new product names (collectively “Unsolicited Ideas and Materials”). Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Cryptiquest’s products or marketing strategies might seem similar to ideas submitted to Us.

If (despite Our request that you not send Us your ideas) you still send Us Unsolicited Ideas and Materials, then regardless of what your submission says, you agree that: (1) your ideas will automatically become the property of Cryptiquest, without compensation to you, and (2) Cryptiquest can use the ideas for any purpose and in any way, even give them to others.

Our receipt of your Unsolicited Ideas and Materials is not an admission by Cryptiquest of their novelty, priority, or originality, and it does not impair Our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. Likewise, Our receipt of your Unsolicited Ideas and Materials does not create a confidential or special relationship between you and Cryptiquest.

Product Feedback. Cryptiquest, however, welcomes your feedback regarding many areas of Our existing business and products. If you want to send Us your feedback, and We hope you do, We simply request that you send it to Us using the form found at company.cryptiquest.com/contact/. Please provide only specific feedback on Our existing products or marketing strategies; do not include any ideas or materials that Cryptiquest’s policy will not permit it to accept or consider. It’s just one more way that We can learn how to best satisfy your needs

Copyright Policy. Cryptiquest respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide Cryptiquest’s Copyright Agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the allegedly infringing material is located on the Cryptiquest Site, with enough detail that we are able to find it on the Site;
• Your Address, Telephone Number, and Email Address where you may be reached;
• A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law;
• A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;

Our Designated Copyright Agent to receive notifications of claimed infringement is:

Luke Reynolds
215 Elm Street
Edgewood, PA 15218
luke.reynolds@cryptiquest.com

DISCLAIMERS AND LIMITATIONS.

Disclaimer of Representations and Warranties. Neither Cryptiquest nor any of its employees, agents, third-party content providers or licensors, makes any warranties or representations as to the accuracy or reliability of information, service or merchandise provided through the Site; nor do they make any warranties or representations as to outcomes that may result from use of any aspect of Cryptiquest.com; nor do they make any warranties or representations that Cryptiquest.com’s online services will be uninterrupted or error free. You expressly agree to use Cryptiquest.com at your sole risk.

Cryptiquest.com, including, without limitation, any downloadable software, is provided on an “as is” basis without warranties or representations of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by, and incapable of exclusion, restriction or limitation under, the laws applicable to these Terms of Use.

We shall not be liable to you for any direct, indirect, general, special, incidental, punitive, or consequential damages, and Our cumulative liability relating to your use of the Site (regardless of basis) shall not exceed the the sum paid to Us by you in the preceding twelve months. Some states may not allow the exclusion or limitation of consequential or incidental damages, thus the previous disclaimer may not apply to you.

No Reliance on User Content. Due to the unverified nature of the communication and information on the Site, all opinions, statements, advice, suggestions, offers, or other information and content should not necessarily be relied upon. All such information is solely the responsibility of the author or poster. We cannot guarantee the completeness or accuracy, nor can We endorse, adopt or accept responsibility for any of the information or communications appearing on or being transmitted through the Site.

Safeguarding Information. We use industry-standard technologies and techniques to safeguard your information and ours on the Site. Internet security cannot be assured and We cannot guarantee or warranty that the private information provided to the Site will not become public under any circumstances, though We will actively work against that happening.

Third Party Links.  Periodically, you may be provided with links to other sites, resources, and features through the Site. As We have no control over such sites, resources, and features, you acknowledge and agree that We are not responsible for, nor do We endorse, the accuracy, content, products, advertising, or any other materials available from such sites, resources, or features. You also acknowledge that We shall not be liable or responsible, directly or indirectly, for any loss, injury, or damage caused or alleged to be caused by or through the use of or reliance upon any such site, resource, or feature.

Indemnity by You.  You represent, warrant and covenant not to use Cryptiquest.com to violate any laws, including but not limited to infringing copyright or making defamatory statements. You agree to indemnify and hold Us, Our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

GENERAL TERMS

Jurisdiction and Choice of Law.  If there is any dispute arising out of the Site, by using the Site you expressly agree that any such dispute shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Pennsylvania, for the resolution of any such dispute. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.

Changes to these Terms and Privacy Policy. The Terms and Privacy Policy may change at any time, with any changes being posted on the Site. By continuing to use the Site after such a posting, you agree to the updated Terms and Privacy Policy.

Changes to Our Site. Our Site is under continual development and improvement, and new features and projects will be regularly added and modified to improve the Site experience. Some portion of these Terms may refer to functionality not yet complete or available to users. Those parts of these Terms will be in effect when the relevant parts of the Site become available.

Compliance with Laws.  You acknowledge and agree that you will only use the Site in a manner consistent with these Terms of Use, as well as any and all applicable local, state, national, and international laws and regulations, including export control laws. You warrant and represent that you are not located in, a citizen of, or acting under the control of any country which the United States has: identified as a Specially Designated Nation; established an embargo upon; or placed onto the Commerce Departments Table of Deny Orders. Use of this Site is void where prohibited. To the extent that the Site is not legal in your jurisdiction, you may not use the Site, and the Site may not be used anywhere where prohibited by law.

Entire Agreement.  These Terms, along with Our Privacy Policy contain the entire agreement between you and Cryptiquest regarding the use of the Site.

Severability.  If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary such that these Terms shall otherwise remain in full force and effect and enforceable.

Survival.  Even after your use of the Site discontinues, these Terms shall remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

Waiver.  Our failure to enforce any part of these Terms shall not constitute a waiver of Our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that We will do so in the future. In order for any waiver of compliance with these Terms to be binding, We must provide you with express written notice of such waiver, provided by one of Our authorized representatives.

Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries.

Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms between You and Cryptiquest.

Please contact Us at legal@cryptiquest.com with any questions regarding these Terms of Use.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.