AGREEMENT BETWEEN USER AND Topyoucoins Inc.
The Topyoucoins.com Web Site is comprised of various Web pages operated by Topyoucoins Inc..
The Topyoucoins.com Web Site is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Topyoucoins.com Web Site constitutes your agreement to all such terms, conditions, and notices.
CLOUD MINING AND INVESTMENT
Cloud mining should be considered as no more than a fun, recreational activity and not a source of income or investment. Investing involves risk, including possible loss of principal.
In addition to the normal risks associated with investing and mining, cryptocurrency mining investments and related instruments may involve risk of capital loss from unfavorable fluctuation in cryptocurrency values, exchange-related risks, policy risks, liquidity, and market price fluctuation and demand. Topyoucoins does not trade, buy or sell cryptocurrencies for or with its customers.
The strategies discussed are strictly for illustrative and educational purposes and should not be construed as a recommendation to purchase. There is no guarantee that any strategies discussed will be effective. The information provided is not intended to be a complete analysis of every material fact respecting any strategy. The examples presented do not take into consideration commissions, tax implications, or other transactions costs, which may significantly affect the economic consequences of a given strategy.
ALL SALES ARE FINAL
Topyoucoins Inc. will not accept returns and all sales are final.
EARNED CREDITS MAY CHANGE IN FUTURE
Topyoucoins Inc. cannot guarantee the credits the device pays will stay the same in the future; they may go up or down. This is especially true since the credits are tied to the difficulty in mining Bitcoin and Litecoin, which, if history is any indication, increases at an exponential rate. Earned credits are also tied to the market value of cryptocurrencies.
IMPOSSIBILITY OF PERFORMANCE; SUSPENSION; TERMINATION
If the fees to each customer for cloud mining must be raised to 100% in order for Topyoucoins to remain in business without a loss, or if despite raising fees to 100% Topyoucoins incurs a loss, Topyoucoins will suspend all contracts for cloud mining. Topyoucoins will turn the cloud mining back on once the fees are 99% or lower, however, following standard industry practice, if the fees to each customer for cloud mining are 100% and Topyoucoins is sustaining a loss for ten consecutive days, then Topyoucoins may unilaterally terminate all contracts for cloud mining completely, at its discretion and damages, if any, will be limited to those described in the LIQUIDATED DAMAGES clause of these Terms and Conditions.
It is the wish of Topyoucoins that these events never occur and we have great confidence that the price of BTC will remain stable or grow over time. Our optimism is the reason that Topyoucoins continues to work hard to make sure all customers are happy and that the site is secure and interesting for its customers.
All customers assume the risk that if mining difficulty and/or electricity costs for Topyoucoins rise to unmanageable levels and/or that due to these or other circumstances customer fees must be raised to unsustainable levels, and/or the demand for BTC and/or other virtual coins drops to unsustainable levels, and therefore the cost of doing business for Topyoucoins is not reasonably sustainable, then Topyoucoins reserves the right to close business, and damages, if any, will be limited to 10% of a reasonable, good faith estimate of the current fair market value of the remainder of the contract. All damages must be requested within 45 days of the first day of closing or non performance, or any claim for damages will be considered waived.
PURCHASES CAN BE REVERSED
Topyoucoins Inc. has the right to reverse transactions and transactions can be reversed by payment processors for up to 180 days. This includes PayPal reversals, credit card reversals, EFT/ACH reversals, or any other payment processor that may be used in the future. Cash transactions, if available, will never be reversed. In addition, transactions outside of the 180 day reversal period, or transactions that fall outside of this, such as cryptocurrency transactions, cannot be reversed.
All disputes regarding claimed damages shall be submitted to Arbitration with an Arbitrator agreed to by both parties. Arbitration shall be held in Los Angeles, California, United States.
ONE ACCOUNT PER PERSON
Each user must only register and sign up one time. Attempts to circumvent this rule and sign up multiple times will result in your account(s) being closed and coins may be lost.
NO BUSINESS ACCOUNTS
Each user must sign up and use the account only for personal purposes. You may not sign up and run the account under a business, corporation, or other entity.
ONLY SEND TO PERSONAL WALLETS
When cryptocurrency is withdrawn from Topyoucoins, it must be sent to your own personal wallet address. This can be your own wallet on your computer or on a 3rd party exchange. However, you may not send to other users, or to any websites related to gambling, drugs, or other illegal activities.
SAFETY AND SECURITY
Topyoucoins is not responsible for hacked accounts or if you give your password to a third party. You should never use the same password for multiple websites. It is your responsibility to make sure your password is secure; ideally at least 12 characters long, mixed case, including numbers and special characters. Never share your password with anyone.
Topyoucoins works with third party mining sites and other third party providers. As to those third party sites and providers you understand that Topyoucoins has no control over internal or external activities affecting those third party sites and providers, and should there be any interruption of service from said thirds party sites or providers for any reason, you understand and agree that Topyoucoins shall not be liable for any losses incurred by you such as a particular coin's loss in value, or a particular coin becoming non-existent or other loss. You understand that any internet related site including those third party sites and providers that Topyoucoins uses or does business with, are subject to losses due to hacking, fraud either internal or external, mismanagement, governmental and/or administrative actions, policies and procedures, or Acts of God such as natural disasters, war or civil strife and you hold Topyoucoins harmless for any losses incurred by you in any of the above circumstances that are out of the control of Topyoucoins.
Topyoucoins is not a bank nor is it a wallet. Withdraw your coins promptly and do not let them accumulate. Topyoucoins is a secure site and Topyoucoins is not responsible for the loss of cryptocurrency to third parties by actions that are beyond Topyoucoins's reasonable control. In any event, Topyoucoins will never be responsible for lost or stolen virtual coins at the hands of third parties that are beyond the reasonable scope of Topyoucoins's control, but in the unlikely event that it is shown the fault lies with Topyoucoins, you agree to damages for any alleged loss be set at $1.00 (One USD) per account.
Topyoucoins Inc. reserves the right to change the terms, conditions, and notices under which the Topyoucoins.com Web Site is offered, including but not limited to the charges associated with the use of the Topyoucoins.com Web Site.
LINKS TO THIRD PARTY SITES
The Topyoucoins.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Topyoucoins Inc. and Topyoucoins Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Topyoucoins Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. Topyoucoins Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Topyoucoins Inc. of the site or any association with its operators.
Topyoucoins may allow placement of advertisements on the Topyoucoins site. These advertisements are generated without the input of Topyoucoins and the contents are not controlled by Topyoucoins. Topyoucoins does not endorse, promote, sponsor or recommend companies, services or products that may be displayed in said advertisements.
An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following:
(a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
(b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio active toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
(c) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds;
(d) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity; and
(e) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which is specific to the performance of the works or this contract.
1- Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure.
2- Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
3- Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide a revised program rescheduling the works to minimize the effects of the prevention or delay caused by the event of force majeure.
4- An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
5- The contractor has no entitlement and the project company has no liability for:
(a) any costs, losses, expenses, damages or the payment of any part of the contract price during an event of force majeure; and
(b) any delay costs in any way incurred by the contractor due to an event of force majeure.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Topyoucoins.com Web Site, you warrant to Topyoucoins Inc. that you will not use the Topyoucoins.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Topyoucoins.com Web Site in any manner which could damage, disable, overburden, or impair the Topyoucoins.com Web Site or interfere with any other party's use and enjoyment of the Topyoucoins.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Topyoucoins.com Web Sites.
CONTINUITY OF SERVICES POLICIES; COMPENSATION POLICIES
Topyoucoins will provide continuous service to the best of Topyoucoins's ability. The Topyoucoins site is monitored frequently by the Topyoucoins team. As with all web based services there will be times where service is interrupted. Topyoucoins will aggressively pursue continuous service for all of Topyoucoins's clients.
If an interruption event occurs due to any issues that are beyond the control of Topyoucoins, Topyoucoins will generally not be liable for lost mining time. When service is interrupted by events that are under Topyoucoins's control, compensation will be considered on a case by case basis, upon direct written request only. Any compensation award will be in the absolute discretion of Topyoucoins.
Priority of compensation will be given to Cloud Contracts as those directing mining power to Topyoucoins have the option of directing their mining power elsewhere. Both Cloud Contracts and external mining client's hereby accept the responsibility of monitoring their Topyoucoins account at least once per week and lodging any requests for compensation within one week of any interruption event. Client agrees that they waive any claim of compensation for an interruption event if client fails to make a claim for compensation within a week of any given interruption event.
An "interruption event" is defined as an interruption of client connectivity to mining services through the Topyoucoins platform for a period of greater than 2 hours. Written claims for compensation must be submitted directly to support@Topyoucoins.com and may only be claimed directly from the owner of the account. Compensation, if granted, may take the form of a BTC account credit or other Topyoucoins offered coin account credit, extension of contracts or other form as Topyoucoins determines in its absolute discretion.
CUSTOMER RISK DISCLOSURE
Client hereby acknowledges that there are substantial risks associated with Virtual Currencies, including the fact that: transactions in Virtual Currency are generally irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; the volatility of the price of Virtual Currency relative to Fiat Currency may result in significant loss or tax liability over a short period of time; there is an increased risk of loss of Virtual Currency due to cyber attacks; virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to FDIC or SIPC protections; among others.
Topyoucoins takes security seriously and guards against cyber attacks, hacking and fraud, but cannot be a Guarantor of potential Client losses that might arise from cyber attacks, attacking, fraud, and the like that might occur despite Topyoucoins's continuing efforts to keep is customers coins and transactions safe and secure. Topyoucoins SHOULD NOT BE USED AS A WALLET to store crypto coins. Transfer your coins to the wallet of your choice at your earliest opportunity. Should Client incur a loss for events described in this paragraph, Client understands, acknowledges and agrees that Topyoucoins's liability, if any, shall be limited to One Dollar U.S. ($1.00) per Customer.