(1.1) "Virtual Blue" refers to Virtual Blue LTD. Rm 1701, 17F, Fee Tat Commercial Centre, 613 Nathan Road, Mongkok, Kowloon, Hong Kong
(1.2) "The Coinetize System" refers to the online accounts system and resources held under the "coinetize.com" domain name, and all subdomains of "coinetize.com".
(1.3) "The Coinetize Services" refers to all services provided by Virtual Blue which relate to The Coinetize System.
(1.4) "Coinetize Account" refers to a individual user's account on The Coinetize System.
(1.5) "The User" refers to the individual who becomes a member of The Coinetize System by opening a Coinetize Account.
(1.6) "Other Users" refers to other individuals who become members of Coinetize by opening a Coinetize Account.
(1.7) "Loss" means "accident, injury or financial or material loss, interruptions or damage to equipment, or any other loss of possessions (both tangible and intangible)".
(1.8) "Resource" means a document, image, video, software or other computer file or program which may be made available over the internet.
(1.9) "Unsuitable Material" refers to any Resource containing content deemed by Virtual Blue or the Law to be inaccurate, racist, inciteful, defamatory, disrespectful of an individual's privacy or condoning or facilitating illegal activity.
(1.10) "License" means a software license, copyright agreement or other rights agreement which is available to purchase using The Coinetize System.
(1.11) "Resource Vendor" means a member of The Coinetize System offering the sale of one or more License(s) using The Coinetize System.
(1.12) "Resource Purchaser" means a member of The Coinetize System who purchases a License from a Resource Vendor using The Coinetize System.
This is an agreement between Virtual Blue and The User which applies to The User's use of The Coinetize Services. By registering a Coinetize online account or using any of The Coinetize Services, The User hereby agrees he/she
(2.1) has read and understood the terms stated in this agreement
(2.2) agrees to accept the English language version of these terms as binding, and that any translations are provided for convenience only.
(2.3) accepts that all communication related to this agreement, and to The Coinetize Services, shall be conducted in English
(2.4) accepts the terms stated in this agreement
(2.7) is (a) either over 16 years of age or (b) has the consent and supervision of a parent or legal guardian over the age of 18 who is hereby bound by the terms of this agreement.
(3.1) To use The Coinetize services The User must own a valid email address and must provide this address to Virtual Blue.
(3.2) The User is responsible for keeping his/her email address up to date in his/her Coinetize account. In the event Virtual Blue determines the email address used to register a User's account does not belong to the User, has become invalid, or has had security compromised either by a third party or by malicious software, Virtual Blue has the right to suspend or completely remove The User's Coinetize account.
(3.3) The User accepts Virtual Blue will not provide paper communications to The User, except when required by law. The User accepts email as the principle method of correspondence with Virtual Blue in connection with THe Coinetize Services.
(3.4) It is The User's responsibility to maintain and monitor his/her email address. The User hereby agrees Virtual Blue does not have any responsibility and is not liable for any emails delivered that are not read by The User, or any emails not delivered to The User due to technical failure, spam filters, incorrect mail server settings, force majeure or any other event which occurs outside any server(s) managed by Virtual Blue.
(3.6) The User permits Virtual Blue to send any email notifications to The User that Virtual Blue deems relevant to The User's use of The Coinetize Services.
(4.1) Whilst Virtual Blue will provide technical assistance where possible, the User accepts Virtual Blue is not obligated to provide any technical assistance. Virtual Blue cannot be held liable for not being able to provide technical assistance under any circumstances.
(4.2) The User understands that any technical assistance provided Virtual Blue is intended for guidance purposes only. It is The User's responsibility to maintain his/her own well-being, equipment, software, finances and any other possessions, both tangible and intangible; it is the User's responsibility to decide whether any advice provided by Virtual Blue is applicable to his/her equipment, software, finances and other general circumstances. Virtual Blue cannot be held liable for any Loss that may occur through The User following advice provided by Virtual Blue.
(5.1) The User is responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs), and mobile unlock codes that The User uses to access The Coinetize Services; The User is responsible for signing out of his/her account at the end of each session accessing The Coinetize Services. Virtual Blue cannot be held responsible for any Loss that may occur through The User failing to protect his/her account information.
(5.2) The User must notify Virtual Blue immediately if he/she becomes aware of any unauthorised use of the Coinetize Services or any other breach of security regarding The Coinetize Services.
(5.3) Virtual Blue is not responsible or liable for any Loss caused by any computer viruses, spyware, or other malware that may affect The User's computer or other equipment, or any phishing, spoofing, or other attack. It is The User's responsibility to ensure he/she utilises reliable virus and malware screening and prevention software, and takes other suitable security measures.
(5.4) The User hereby agrees to report any email purporting to originate from Coinetize which he/she suspects is not authentic, either through the Coinetize online support system, or by emailing a Coinetize support email address.
(5.5) The User understands Virtual Blue will not request any passwords, personal details or other secure information from The User by email, telephone or any means other than directly through Coinetize.
(5.6) Virtual Blue cannot be held liable for any Loss caused by The User clicking links, or responding in any way, to emails, telephone calls or any other communication purporting to originate from Coinetize which is not authentic. It is The User's responsibility to be vigilant to the possibility of such fraudulent communications.
(5.7) Virtual Blue uses industry standard electronic security measures such as Secure Sockets Layer (SSL), RSA and SHA encryption algorithms. By using The Coinetize Services, the User consents to trust these security measures. Whilst Virtual Blue will act to minimise vulnerabilities in information security by responding to information security updates, applying bug fix patches and taking other appropriate actions when vulnerabilities in software are discovered, Virtual Blue cannot be held liable in the event of any Loss which The User may incur as a result of inadequacies in electronic security measures which are accepted as industry standard.
(6.1) The user is permitted to open only one Coinetize account. In the event Virtual Blue discovers The User has opened more than one Coinetize account, Virtual Blue may suspend or completely remove any or all of the accounts The User has opened, and may refuse to allow The User further access to The Coinetize Services.
(6.2) Virtual Blue reserves the right to refuse to allow The User to open an account, or to suspend, close or completely remove an existing account opened by The User, or suspend or terminate The User's access to one or more of The Coinetize Services, at any time and at the complete discretion of Virtual Blue. The reason for suspension, closure or removal of The User's account may include, but is not limited to,
(a) account inactivity,
(b) invalid or insufficiently maintained personal details,
(c) Virtual Blue deeming The User's account a security risk for any reason
(d) a requirement to comply with law(s) or regulation(s),
(6.3) In the event Virtual Blue suspends or closes The User's account when the User has a positive credit balance, and provided those credits were determined to genuinely belong to the User, Virtual Blue will organise a refund in respect of those credits in the currency in which the credits were originally purchased. The amount refunded shall be calculated by subtracting an administration fee from the purchase value of the credits, and may be subject to further transfer fees imposed by the bank(s) involved in the transfer. The refund shall be subject to the rules outlined in section 9.
(6.4) The may terminate this agreement at any time by closing his/her account and discontinuing use of The Coinetize Services. Upon the User terminating his/her account, the User remains liable for all transactions made while the account was open.
(6.5) If Virtual Blue comes to believe the User has used, is using or intends to use his/her Coinetize account to commit crime, Virtual Blue will suspend The User's account and will notify the relevant authorities where appropriate.
(6.6) If The User grants permission to a third party to access or connect to The User's Coinetize Account, either directly through The Coinetize System or using that third party's software, the User understands and accepts he/she does NOT thereby relinquish any obligations within this agreement. The User hereby agrees not to hold Virtual Blue responsible for, and to indemnify Virtual Blue from, any liability arising from the actions or inactions of this third party in connection with the permissions The User grants that third party.
(7.1) Coinetize provides a service whereby The User can link Resources he/she wishes to monetise, or pay for Resources other users on the Coinetize system have monetised. Coinetize is a platform to mediate exchange between Resource Vendors offering the sale of Licenses to Resources, and Other Users on The Coinetize System who wish to pay a fee to view or download those Resources. Any Resource purchase made by the User is thus an agreement solely between the Resource Vendor and the Resource Purchaser. Whilst Virtual Blue will attempt to assist the exchange where possible, The User hereby understands and accepts that Virtual Blue is not responsible and cannot be held liable for any dissatisfaction The User may have with Licenses he/she purchases through Coinetize, including (but not limited to)
(a) The User believing a Resource Vendor does not own the copyright to any Resource(s) offered for sale on Coinetize, and the copyright instead belongs to a third party,
(b) the description of the Resource provided by the Vendor not matching the Resource content,
(c) dissatisfaction with the quality of any Resource,
(d) damage, non-functionality or non-usability of any Resource(s),
(e) The User believing any Resource(s) to contain Unsuitable Material.
In any case where The User is dissatisfied with a Resource he/she has purchased, and believes he/she has a legitimate reason to be dissatisfied (including cases (a) to (e) above), he/she should report the Resource on the Coinetize support system, or via a support email provided by Coinetize, and thus enable Virtual Blue to take appropriate action.
(7.2) The User hereby certifies that any Resources linked to Coinetize by The User are free from Unsuitable Material. The User understands Virtual Blue will not tolerate the linking of Unsuitable Material, will act to remove such material, and suspend, close or completely remove The User's account should Coinetize come to believe The User has linked Unsuitable Material.
(7.3) The User hereby certifies that any Resources linked to Coinetize by the User
(a) belong to the User, or the User owns the right(s) to sell such Resources,
(b) are accurately and fully described on webpage(s) which are not monetised, are easily retrievable, and clearly link to the relevant Resources,
(c) are of the quality described or implied by the description,
(d) are not in anyway damaged, non-functioning or non-usable
In the event Virtual Blue deems any Resource linked by The User to be in violation of conditions (a) - (d) above, Virtual Blue may remove links to the resource from Coinetize, and reserves the right to suspend, close or completely remove The User's Coinetize account.
(7.4) Coinetize allows The User to choose from a list of License agreements when he/she links a Resource to Coinetize. The User hereby accepts that those agreements are only provided for the convenience of The User, and that the use of these License agreement templates does not involve Coinetize or Virtual Blue in any way. It is The User's responsibility alone to ensure that any License agreement is appropriate for the Resource that is offered for sale by The User through Coinetize. The User hereby accepts Virtual Blue cannot be held liable for any content of any Licence agreement templates provided through Coinetize.
(7.5) Virtual Blue will attempt to ensure The User is warned when he/she attempts to follow a link that requires a fee. However, there exists the possibility that The User may accidentally direct his/her web browser to a URL which requires a fee. The User understands and accepts that no mechanism exists for Virtual Blue to differentiate accidental visits from deliberate visits, and that credits will remain deducted and non-refundable in either case. It is The User's responsibility to ensure that he/she does not accidentally visit a Resource which requires a fee.
(8.1) Coinetize operates using a system of credits (Coinetize Credits) which may be purchased using any of the payment methods available on The Coinetize System. The User understands and accepts that Coinetize Credits
(a) are NOT a form of currency,
(b) CANNOT be traded in, or speculated on,
(c) CANNOT be redeemed by any third party,
(d) CANNOT be transmitted outside of Coinetize
(e) are a book-keeping instrument applicable only on Coinetize, and have no meaning or value outside of the context of Coinetize.
(8.2) Coinetize Credits are currently held at a value where 2 Credits represents 1.0 United States Cent. Virtual Blue reserves the right to revise this scheme at any time. Should Virtual Blue decide to make an alteration to conversion rates for Coinetize Credits, The User will be notified by email, and Virtual Blue will endeavour to ensure The User's Coinetize Credit balance is adjusted so The User experiences no loss in value of his/her Coinetize Credit balance.
(8.3) Method(s) of payments that can be accepted on The Coinetize System for Coinetize Credits may change from time to time. The User hereby accepts Virtual Blue does not guarantee which payment methods will be available in the future, and cannot be held liable for the introduction, reintroduction, alteration or discontinuation of any such payment methods.
(8.4) The User accepts the purchase of Coinetize Credits is separate from, and governed by a different set of terms to, the purchase of Resource Licenses using those Coinetize Credits. Coinetize Credit purchases are governed by an agreement between The User and Virtual Blue (this agreement) whilst purchases of Resources by The User are governed by an agreement between the Resource Vendor and The User (the terms stated in the License agreement for the Resource in question.)
(8.5) When The User links a Resource to Coinetize, The User agrees to allow Virtual Blue to act as an agent selling a License, and providing access to, that Resource. No Resources are kept on the Coinetize system, and The User understands and accepts that Virtual Blue acts only as a manager of Resource Licenses and does not maintain or sell any Resources directly.
(8.5) The User hereby agrees that when he/she visits a Coinetize Resource not owned by The User, and which has been assigned a price by the Resource Vendor, Coinetize Credits will be deducted from the balance of The User, and that those spent Coinetize Credits are then non-refundable under any circumstances.
(8.6) Coinetize Credits will be deducted from Other Users' Coinetize Credit balances when they visit Resources linked to The Coinetize System by The User. However, The User understands and accepts these Coinetize Credits are NOT credited to The User's Coinetize Account at any time. Coinetize Credits represent a method of book-keeping only and are not a form of currency (see (8.7) Payment to The User in respect of sold licenses is made by transaction(s) independent of Coinetize Credits.
(8.7) When Coinetize Credits are purchased using a credit card, they will be subject to any fees and regulations imposed by the particular credit card payment gateway which authorises credit card payment for The Coinetize Services. When purchasing Coinetize Credits by credit card, the User will be reminded of any charges prior to the sale.
(8.8) When Coinetize Credits are purchased using a credit card, they will have a maximum validity period of 168 days from the date of purchase, beyond which these Coinetize Credits will be considered expired and will be automatically deducted from The User's Coinetize Credit balance.
(8.9) When Coinetize Credits are purchased using Bitcoin, credits remain valid indefinitely provided The User maintains an active Coinetize Account (see 8.10)
(8.10) Should Virtual Blue have evidence that The User has not signed in to his/her Coinetize Account for a period of two years, Virtual Blue has the right to deem the account dormant, to cancel the Coinetize Credit balance associated with The User's Coinetize Account, and to close and completely remove The User's Coinetize Account.
(8.11) The User hereby agrees that in situations where The User possesses Coinetize Credits with more than one expiry date, that those Coinetize Credits most vulnerable to expiry will be automatically designated first to spend by The Coinetize System.
(8.12) The User hereby acknowledges that if The User purchases Coinetize Credits using a credit card, it is possible that The User's bank might charge additional fees such as cash advance fees and foreign exchange conversion fees.
(8.13) Virtual Blue imposes a USD $250 (or equivalent if payment is in another currency) per month cap on Coinetize Credit purchases from the same credit card. The User understands this is a measure to help prevent fraud and money laundering.
(9.1) The User hereby agrees that spent credits reflect a transaction occurring between a Resource Vendor and The User, and thus cannot be refunded by Virtual Blue. In this case The User may request a refund from The Resource Vendor directly, and The Resource Vendor may agree to issue a refund at The Resource Vendor's discretion; however, the Resource Vendor is under no obligation to issue a refund. The User hereby accepts he/she CANNOT hold Virtual Blue liable with regard to Resource Licenses which The User has already received.
(9.2) The User may obtain a refund at any time of any valid, unspent Coinetize Credits in The User's Coinetize Account. The User may do this via the refund system on the Coinetize platform. However The User accepts he/she will not be reimbursed for any fees incurred in the original purchase.
(9.3) The User agrees that refunds for unspent credits shall
(a) be provided in the same currency as the original Coinetize Credit purchase ONLY
(b) be subject to fraud prevention measures such as identity verification prior to remittance
(c) have all bank fees involved in any remittance deducted from the refund amount or otherwise paid for by The User.
(10.1) Virtual Blue DOES NOT charge a fee for purchases of Coinetize Credits; however, The User acknowledges that banks, payment gateways and other third parties involved in any transaction may levy fees.
(10.2) Virtual Blue DOES deduct a percentage fee prior to sending payment to Resource Vendors. Currently this fee is set at 8%. While Virtual Blue will attempt to maintain a consistent fee level, The User should be aware this figure may be subject to change at the discretion of Virtual Blue. When Virtual Blue changes The Coinetize System fee structure, The User will be informed by email, and the change will be presented on the Coinetize website. The User will then have the option to accept the new terms, or terminate his/her agreement by closing his/her Coinetize Account.
(11.1) A record of The User's transaction history will be maintained on The Coinetize System, which The User will be able to access through his/her Coinetize Account for the purpose of making any required tax filings or payments, but The User understands and accepts it is his/her responsibility to determine what, if any, taxes apply to the payments The User makes or receives, and to collect, report, and remit the correct taxes to the appropriate tax authority. Virtual Blue will make any tax withholdings or filings that are required by law, but Virtual Blue is not responsible for determining whether taxes apply to The User's transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
(12.1) Using the Coinetize Services to make payments for any kind of illegal activity is strictly prohibited. The User understands and accepts Virtual Blue will not tolerate use of The Coinetize System for any illegal payment, including (but not limited to) payments related to
(a) weapons of any kind, including but not limited to firearms, ammunition and knives;
(b) illegal narcotics or prescription drugs;
(c) money-laundering or terrorist financing;
(d) any sort of ponzi scheme, pyramid scheme, or multi-level marketing program;
(e) goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
(f) debt settlement, refinance, or credit repair services;
(g) court ordered payments, structured settlements, tax payments, or tax settlements;
(h) the sale of money orders or cashier’s checks or any unlicensed money transmitter activity;
(i) lottery contracts, layaway systems, or annuities;
(j) counterfeit goods;
In the event that Virtual Blue learns that The User is making any payments related to illegal activities Virtual Blue may suspend, close or completely remove The User's Coinetize account.
(13.1) The User agrees The Coinetize Services are provided "as is" and without any representation or warranty, whether express, implied, or statutory. Virtual Blue, our affiliates, and our respective officers, directors, agents, joint venturers, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Virtual Blue makes no warranty that
(a) The Coinetize Services will meet your requirements;
(b) The Coinetize Services will be uninterrupted, timely, secure, or error-free;
(c) the quality of any products, services, information, or other material purchased or obtained by The User will meet The User's expectations.
(13.2) The User understands and agrees that Virtual Blue and our affiliates and service providers, and their respective officers, directors, agents, joint venturers, employees, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Virtual Blue has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from:
(a) the use or the inability to use The Coinetize Services;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from The Coinetize Services;
(c) unauthorized access to or alteration of The User's transmissions or data
(d) any other matter relating to The Coinetize Services.
(13.3) Virtual Blue shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Virtual Blue, including but not limited to
(a) governmental action,
(b) acts of terrorism,
(c) earthquakes, fires, floods, or other acts of God,
(d) strike action or labour disputes,
(e) power or equipment failures.
(13.4) Whilst Virtual Blue attempts to make sure information provided through The Coinetize System is accurate and relevant, The User understands and accepts that such information may not always be correct, complete, or up to date. Virtual Blue will attempt to keep the information on The Coinetize system up-to-date; however it is The User's responsibilty to independently verify such information. Virtual Blue cannot be held liable for for any Loss which occurs as a result of relying on information provided on The Coinetize System.
(13.5) Where The Coinetize System provides links to third party resources of any kind, The User acknowledges such information is provided for The User's convenience only. Links or references to third parties do not constitute an endorsement of these third parties by Virtual Blue. Virtual Blue cannot be held liable for any Loss which may occur as a result of The User utilising links to third parties provided on The Coinetize System.
(13.6) The User understands that The Coinetize System is intended to facilitate small payments, in the same way as a cash card or "smart" card help to facilitate small payments in an offline environment. It is not intended that The Coinetize System be used like a bank account or in any way used as a store of value. The User agrees to maintain only a small balance of Coinetize Credits sufficient to enable browsing of the resources linked to The Coinetize System. The User acknowledges that, whilst Virtual Blue will strive at all times to keep The User's Credit balance safe from theft, the small value assumed to be present in The User's Coinetize Account is NOT automatically insured by Virtual Blue, in the same way as a cash card or "smart" card would not automatically be insured. The User may enjoy theft and fraud protection courtesy of their credit card provider, or is entitled to take out an independent insurance policy which covers the theft of Credits; however, The User accepts Virtual Blue does NOT provide such insurance, and cannot be held liable for attacks by third parties on The Coinetize System which result in the theft of Credits.
You agree to indemnify and hold Virtual Blue, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (legal fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of The Coinetize Services.
Virtual Blue may amend any portion of this agreement at any time by posting the revised version of this agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by The User, the first time The User utilises the Services after the revision date, and shall apply until replaced by any further revision. Continued use of The Coinetize Services after any revision shall constitute agreement by The User of the revised terms. In the event The User does not agree with the revised agreement terms, he/she should close his/her Coinetize Account and terminate his/her use of The Coinetize Services. The User agrees that Virtual Blue cannot not be liable to The User or any third party for any Loss suffered by any modification or amendment of this agreement.
(16.1) The User is NOT permitted to transfer or assign this agreement or any rights or obligations contained within this agreement.
(16.2) Virtual Blue reserves the right to freely assign or transfer this agreement or any rights or obligations contained within this agreement to any third party at any time without notice or consent. If The User does not agree to such transfer or assignment, The User is advised to close his/her Coinetize Account and terminate use of The Coinetize Services.
(17.1) The terms of this User Agreement are governed by the laws of England and Wales. Either the User or Virtual Blue may submit all disputes arising out of or in connection with this agreement to the jurisdiction of the Courts of Hong Kong, or to the jurisdiction of the Courts in the region in which The User is resident.