General Terms and Conditions - „www.cryptorage.com“
1. Scope
1.1. These General Terms and Conditions of Use for the cryptorage Portal (hereinafter referred to as “cryptorage”), operated by bytemine GmbH, shall apply to all services and content that is offered in the website under the URL https://www.cryptorage/com/ (“cryptorage Portal”) and the related sub-sites (so-called second-level and third-level domains) and supplemental sites, which are linked to from the cryptorage Portal site. Exceptions from this are services that are explicitly identified as “third-party services”, which are not offered by cryptorage itself, but rather, by a third party. For these services, the general terms and conditions specified by the third party.
1.2. For several of the cryptorage Portal services, specific conditions of use can apply. Provided that the specific provisions differ from these General Terms and Conditions of Use, the specific provisions shall take priority.
2. User group
2.1. The user group shall be regulated in the individual services of the cryptorage Portal.
2.2. bytemine shall reserve the right to introduce age limits for individual services, as well as defining additional authentication rules.
3. Data protection
3.1. bytemine respects the privacy of its users. bytemine shall handle personal user data confidentially and shall only provide it to third parties if required by law.
3.2. bytemine points out that its users’ personal data is processed electronically.
3.3. If a service requiring registration should be cancelled, the data saved for the user shall be deleted with effect from the cancellation, unless its continue safekeeping is legally prescribed.
4. Services of bytemine
4.1. The bytemine services, the cryptorage Portal, are provided “as seen”, without assurances or guarantees. Their use is free of charge, provided that a required charge is not referred to in the respective service.
5. Observance of copyrights
5.1. Only such content and statements shall be permitted to be published/uploaded or transmitted, for which the user has the required rights (particularly copyrights and ancillary copyrights). The placement and dissemination of pirate copies is prohibited.
5.2. The cryptorage Portal site and the services of cryptorage are protected from duplication and misuse by copyright law provisions. The unlawful duplication, dissemination or publication of this content or its copying shall be prosecuted by cryptorage using civil law and, if necessary, also criminal law measures.
6. Rights and duties of the user
6.1. Each user, who makes use of the cryptorage Portal services, shall bear the full responsibility for his/her activities within the cryptorage Portal site and the related services.
6.2. Users of the bytemine services, particularly of the cryptorage Portal, shall be obligated to comply with the legal provisions, particularly not violating the existing law of the Federal Republic of Germany. Each user shall particularly undertake to comply with the valid child protection legislation.
6.3. This means, inter alia, that the services of bytemine, particularly the cryptorage Portal, may not be used for illegal purposes. It is specifically prohibited to publish, transmit or disseminate content and/or remarks, which are illegal, particularly with content that is offensive, glorifies violence, discriminates or is pornographic. This also includes content that can be reached through links that have been set by the user.
6.4. Furthermore, the use of objectionable content, ambiguous names and other portrayals are prohibited, for which illegality is presumed but cannot yet be conclusively established.
6.5. User activities that are aimed at making the bytemine services or the cryptorage Portal site non-functional or at least making their use difficult are prohibited and can be prosecuted under civil law and criminal law. Measures are specifically prohibited, which can influence the physical and logical structure of the services.
6.6. With cryptorage services, which do not require any registration or fee, the user shall be entitled to discontinue use at any time.
6.7. With services requiring registration, in case of misuse of his/her account, the user shall be obligated exempt bytemine from all third-party claims, which are asserted against bytemine in this context. Furthermore, the user shall protect his/her account access from unauthorised use by third parties and keep his/her password secret. The user shall be held liable for each unauthorised use of his/her account caused by his/her behaviour, provided that he/she is at fault. The user shall immediately notify bytemine, if he has reason to suspect that a misuse of his/her account has taken place.
7. Rights and duties of bytemine
7.1. bytemine does not conduct any review of publicly disseminated content and remarks by users prior to their dissemination, transmission or publication.
7.2. In case of a violation against these Terms and Conditions of Use or justified suspicion of a violation by a user, bytemine shall be entitled to exclude the respective user and, if necessary, immediately delete the content used by him/her. bytemine shall send the user a warning, setting an adequate time period, unless the violation is so serious it is not reasonable for cryptorage to continue the utilisation relationship.
8. Cancellation / discontinuation of the services.
8.1. bytemine reserves the right to discontinue or convert or otherwise modify services of the cryptorage Portal site at any time. This also includes a change to these Terms and Conditions of Use. bytemine shall inform the user about this in advance, if necessary.
8.2. With services that are subject to a fee or require registration, the user can cancel the utilisation relationship up to 4 weeks after receipt of the information about the change to the Terms and Conditions of Use or the services. If the user does not cancel, the utilisation relationship shall be continued subject to the changed conditions.
8.3. With free services requiring registration, bytemine, as well as the user, shall be entitled to terminate the utilisation relationship with a cancellation notice period of 6 weeks, without specifying reasons.
8.4. Reference is made to the user’s right pursuant to Clause 6.6.
8.5. Notwithstanding this, the cancellation rights pursuant to Clause 7 shall remain.
9. Warranty
9.1. bytemine does not guarantee that its services are accessible and free from errors at any time. This specifically applies if the access to the services and cryptorage Portal site is cause by faults that lie outside of bytemine's control.
10. Liability
10.1. bytemine shall only be held liable if cryptorage, its legal agents and/or legal representatives are guilty of deliberate or grossly negligent conduct. This shall not apply if principal duties arising from the contract have been violated by cryptorage, its legal agents and/or legal representatives.
10.2. In case of slight negligence, liability by bytemine and/or its legal agents and legal representatives shall be exempted from financial losses regarding indirect damages, particularly consequential losses caused by a defect, unforeseeable losses or atypical losses, as well as lost profit.
10.3. A legally prescribed, no-fault liability by bytemine – particularly a liability under product liability law, as well as a legal guarantee liability – shall remain unaffected by the above mentioned liability limitations. The same shall apply to the liability of cryptorage in case of culpable injury to life, limb or health of a user.
10.4. Clauses 10.1 to 10.3 include all contractual and legal claims resulting from this agreement/use of the services and/or the cryptorage Portal site.
11. bytemine’s right of retention
11.1. If the user should enter into default with its payment obligation for service components that are subject to a fee, bytemine shall be entitled to temporarily block further – also non-charged – services. This shall specifically take place in order to prevent the user from utilising additional charged services.
12. Final provisions
12.1. The law of the Federal Republic of Germany shall apply. The application of the UN Convention on the International Sale of Goods is excluded.
12.2. This contract or use of the cryptorage Portal services shall not constitute any joint-venture partnership, employment relationship or agency relationship between bytemine and the respective user.