- The effective date of these Terms of Use is 01/01/19.
Please read carefully the following provisions of these Terms of Use (these “Terms”).
This is a legal agreement between you and ESCRYPTO, (“ESCRYPTO” or “We”) regarding the use of our online services (including mobile and website services) (collectively, the “ESCRYPTO Service”).
By using the ESCRYPTO Service in any way, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS, AS WELL AS TO COMPLY WITH THE
PRIVACY POLICY. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS YOU ARE REQUIRED TO IMMEDIATELY CEASE ANY USE OF THE ESCRYPTO SERVICE.
ESCRYPTO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the ESCRYPTO Service following the posting of changes will mean that you accept and agree to the changes.
As long as you comply with these Terms, ESCRYPTO grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to enter and use the ESCRYPTO Service.
General use provisions.
ESCRYPTO is an online secured escrow for cryptocurrency used by sellers and customers from around the world. All content included in ESCRYPTO Service, including (but not limited to) all written material, images, photos and code (“Content”), is proprietary to ESCRYPTO and is protected pursuant to international copyright and trademark laws.
You may not copy, reproduce, modify, republish, transmit or distribute any material from ESCRYPTO Service without obtaining our express written permission. It is expected that all users of ESCRYPTO Service will comply with applicable intellectual property laws, including copyright and trademark laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity.
Except where expressly provided otherwise by ESCRYPTO, nothing on the ESCRYPTO Service shall be construed to confer any license or ownership right in or to the Content, under any of ESCRYPTO ’s intellectual property rights, whether by estoppel, implication, or otherwise.
Any unauthorized use of any of the Content contained in the ESCRYPTO Service may violate copyright laws, trademark laws, laws relating to fair trade, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and for restricting access to such information and to your computer.
License.
We grant you a personal, revocable, limited, non-exclusive, nontransferable license to use ESCRYPTO Service according to these Terms. We reserve the right to modify or discontinue, temporarily or permanently, the ESCRYPTO Service for any reason, at our sole discretion, with or without notice. Notwithstanding any provisions of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use ESCRYPTO Service, and to block or prevent future access to the use of the ESCRYPTO Service for any reason or no reason. Upon termination, these Terms will continue to apply; in particular, you remain personally liable for any orders that you place or charges that you incur prior to termination.
Links to third party sites.
We may choose to provide links or references on ESCRYPTO Service to third-party web sites, information or services solely as a convenience to our users (“Reference Sites“). ESCRYPTO does neither endorses nor is responsible for any such Reference Sites and is not liable to any damages that may be incurred to you or any third party by your use of such Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. We encourage you to be aware of when you leave ESCRYPTO Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with Reference Sites and/or advertisers found on or through ESCRYPTO Service are solely between you and them. We will not be liable for the unreliability or inaccuracy of any information obtained through those Reference Sites.
Limits of your use / Compliance with laws.
You must use ESCRYPTO Service only for a lawful purpose.
You must not take any action that may compromise the security of ESCRYPTO Service, make ESCRYPTO Service inaccessible to others, or cause damage to ESCRYPTO Service. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to ESCRYPTO Service, belong to us.
You must comply and adhere to any laws in any jurisdiction applying to you, including without limitation copyright laws, trademark laws, laws relating to fair trade, the laws of privacy and publicity, and/or communications regulations and statutes, securities laws, laws relating to cryptocurrencies.
ESCRYPTO Transactions.
When you complete a transaction using ESCRYPTO either as a buyer or a seller, the cryptocurrency is held on the secured blockchain until the transaction is completed. Buyers transfer the cryptocurrency funds using a temporary multisig address provided by ESCRYPTO. Buyers will have 15 minutes to complete the transaction. The buyer cannot change the payment method or source after completing the transaction. Please note that it may take a few hours to fully approve the transaction from both ends – the buyer’s and the seller’s. The buyer will get a seed code they will have to provide in case of returns and therefore it is the buyers responsibility to safely keep the seed code after completing the transaction. ESCRYPTO will notify both parties when the transaction was approved.
Once the seller is notified that the full payment is secured on the blockchain, they may ship the item directly to the buyer. It is the seller's sole responsibility to make sure the funds transferred from the buyer are sufficient. Thereafter, the buyer accepts or rejects the goods within the agreed timeframe. If there is mutual consent and approval between the buyer and the seller, the transaction will be approved and the seller will have access to the funds after deducting ESCRYPTO's fees and transaction fees.
The buyer has 48 hours to approve the purchase.
If the buyer does not approve the purchase within 48 hours from receiving the item, ESCRYPTO will consider the purchase approved by the buyer. However, in case the parties do not agree and a dispute arises, our team will investigate the details of the transaction
and make an informed decision.
Based on the decision, ESCRYPTO will either refund the payment to the buyer or release it to the seller. it is clarified that once the buyer approves the transaction, initiating a dispute is no longer available. Returns from the buyer to the seller will be in accordance with the return policy of the seller. ESCRYPTO will ensure that the funds will be released from the multisig address only after the item has been returned to the seller. The seller has 48 hours to approve the return. If the seller does not approve the purchase within 48 hours from receiving the item, ESCRYPTO will consider the return approved by the seller.
Additional amounts (including Bitcoin network transaction fees and any taxes, levies, charges, duties, tariffs etc., as applicable) may be accrued (collectively “Fees”) by both sellers and buyers. For buyers ordering from a seller that is located outside their country of residence, Fees (such as importation fees, customs fees or other local taxes and/or fees) may apply. Additional terms and conditions may apply to purchases of goods from the seller.
You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age.
ESCRYPTO may make changes to any products or services offered through the ESCRYPTO Service, or to the applicable prices for any such products or services, at any time, without notice. The materials on the ESCRYPTO Service with respect to products and services may be out of date, and ESCRYPTO makes no commitment to update the materials on the ESCRYPTO Service with respect to such products and services.
Prohibited Transactions.
Any transaction that constitutes a violation of any law or involves any illegal activity is strictly prohibited. Such transaction may include (without limitation): child pornography or any illegal obscene materials, drugs, human trafficking, firearms, any material which infringes any intellectual property (including: copyrighted works, trademarks, designs and patents), any shares or stock offered illegally to the public, or any other item or service that may crystalize in our sole discretion any unlawful act in any jurisdiction or that in our view is not suitable or appropriate for the utilization of our services.
Limitation of liability.
To the extent allowed by law, in no event shall the aggregate liability of ESCRYPTO exceed the total consideration for the transaction or the amount of $200.00, whichever is lower.
In no event shall ESCRYPTO or its agents or assignees be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of access to the bitcoin wallet, loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with this agreement, including but not limited to accessing or use of, or inability to use, the ESCRYPTO service and the services associated therewith including but not limited to the downloading of any materials, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from which damages are being sought or any of its agents or assignees have been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of your breach, or related to your indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “indemnities”.
Disclaimer of warranties.
Except where expressly provided otherwise by ESCRYPTO, the ESCRYPTO service is provided “as is,” and is for use as contracted herein. Except for the express warranties set forth herein, ESCRYPTO hereby disclaims all express or implied representations, warranties, guaranties, and conditions with regard to the ESCRYPTO service and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. ESCRYPTO makes no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the ESCRYPTO service and the goods, services associated with the ESCRYPTO service, or the results you may obtain by accessing or using the ESCRYPTO service and/or the goods, services associated therewith, including the volatility in the Bitcoin exchange rate and shipping and handling of the items.
Once the transaction amount in bitcoin is received for a specific transaction, no fluctuations in the bitcoin exchange rate shall apply for the entire period of said transaction. Without limiting the generality of the foregoing, ESCRYPTO does not represent or warrant that (a) the operation or use of the ESCRYPTO service will be timely, secure, uninterrupted or error-free; (b) the quality of any products, services, information, or other material you purchase or obtain through the ESCRYPTO service will meet your requirements; or (c) the goods, services, or the systems that make the ESCRYPTO service available are free of viruses or other harmful components. You acknowledge that ESCRYPTO does not control the transfer of data over communications facilities, including the internet, and that the ESCRYPTO service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. ESCRYPTO is not responsible for any delays, delivery failures, or other damage resulting from such problems. Except where expressly provided otherwise by ESCRYPTO, the ESCRYPTO service and the goods, services associated therewith are provided to you on an “as is” basis. ESCRYPTO expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the ESCRYPTO service.
Indemnities.
You agree that you are personally responsible for your use and behavior while using ESCRYPTO Service. You agree to indemnify, defend and hold harmless ESCRYPTO , its personnel, subsidiaries, affiliated companies, franchisees, licensees, joint ventures, business partners, licensors, suppliers, employees, agents, and hosts of ESCRYPTO Service and third-party information providers from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), including reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of your visit, use, misuse, inability to use or interruption in service of ESCRYPTO Service or any violation by you of these Terms or of law.
Miscellaneous provisions.
Any action related to this Agreement will be governed by Israeli law. All disputes arising out of or relating to these Terms, shall be resolved exclusively by the Courts of Tel-Aviv, Israel.
These Terms represents the entire understanding relating to your use of the ESCRYPTO Service and supersedes any prior or contemporaneous, conflicting or additional communications. ESCRYPTO reserves the right to change these Terms or its policies relating to the ESCRYPTO Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular portion of the ESCRYPTO Service, which may be posted from time to time.
Your continued use of the ESCRYPTO Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s) to the fullest extent permissible under any law, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between ESCRYPTO and you as a result of these Terms or use of the ESCRYPTO Service. You may not assign this your obligations hereunder without the express prior written approval of ESCRYPTO. Any purported assignment in violation of this section shall be void.
The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, including the interpretation, performance thereof (or the like), the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by ESCRYPTO.