Terms of Use

Welcome to www.loki.xyz (the "Website or "Loki"), and thank you for visiting Loki! Before you continue, please take a moment to review these important Terms Of Use (the "Terms"), which set a few ground rules on use of the Website.

 

        I.            Use Of This Website Means Acceptance Of These Terms

 

By viewing, using, or otherwise interacting with this Website, or any Materials available for download from such Website, you agree to be bound by these Terms. We hope that nothing herein will be objectionable to you, however, if you do not agree to any of these Terms, please do not continue to use the Website.

 

      II.            Materials

 

This Website, including its functions, is owned and operated by Loki, LLC ("Loki" or "we" or "us" or a similar designation). All right, title and interest in and to the Materials displayed, published, downloaded, or otherwise provided on or by the Website or through Loki, including but not limited to information, documents, logos, graphics, sounds, images, and other content (collectively, the "Materials") are owned by Loki or by its respective third-party licensors except with respect to certain content submitted to this Website via Member Activities as described below. Except as otherwise expressly permitted by Loki in writing, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Website shall be construed to confer any license to such effect or to any of Loki's intellectual property rights in the Materials or the Website, whether by estoppel, course of dealing, or otherwise. Please contact Loki, if you have any questions about obtaining a license to use the Materials for any purpose other than as expressly permitted by these Terms. Any rights not expressly granted herein are reserved by Loki.

 

    III.            Revisions

 

We may revise these Terms ("Revised Terms") at any time without notice to you by posting Revised Terms on the Website. Such Revised Terms shall be effective as to all use of the Website, including with respect to existing registered user (“Member”) accounts ("Accounts"). Revised Terms shall be effective upon posting, and your sole remedy should you disagree with any Revised Terms shall be to cease to use the Website. If you have any questions about any Revised Terms, please contact us.

 

You further agree that Loki may (but has no obligation to) in its sole discretion, without notice other than publication on the Website: (i) modify from time to time the design and functionality of the Website and all services we offer; (ii) edit, modify, or remove certain Materials; or (iii) otherwise modify or remove any content, service, feature, or other aspect of the Website or the Materials.

 

   IV.            Description Of Service & Conditions To Membership

 

(a)  Loki enhances the experience of both the buyer and the seller by providing an intuitive platform that conceptualizes the bitcoin market.

 

(b) Membership Required: To utilize certain features of this Website (Member Activities, posting listings, accepting bids, etc.), you must become a Member by creating an Account. To create an Account, you must complete our registration process by accurately completing one or several registration form(s) (the "Registration Form").  When you register an Account and become a Member, you must submit and maintain current and accurate Account information, including but not limited to a working e-mail address that will serve as our primary form of communication with you (the "Registered Address"). You warrant and represent that the information you submit to us is true and accurate. Your failure to submit true and accurate information may result in termination of your Account, and Loki reserves all remedies with respect to any false information submitted to us and this Website.

 

(c)  Non-Circumvention: As set forth fully in the supplemental Vendor Agreement and/or Customer Agreement, any circumvention of the fee structure applicable to your use of this Website is prohibited, and you agree not to circumvent (or to make any attempt to circumvent) this Website's fee structure in any manner whatsoever, including but not limited to attempting to contact vendors or customers directly or responding to vendors or customers who attempt to contact you directly. You acknowledge that this Website provides a valuable forum between vendors and potential customers to facilitate transactions of the nature described above and that you are receiving a benefit by virtue of your access hereto. You further acknowledge that our acceptance of your application for Membership is predicated on your consent to non-circumvention and that, but for such consent, we would not approve your application for Membership.

 

(d)   Technical Requirements of Membership: In order to use the Website and access your Records, you will need computer hardware that—at a minimum—has the technical capacity to use commonly available and generally supported web browser types and versions (the "Minimum Technical Specifications"). We may reasonably modify Minimum Technical Specifications from time to time by posting Revised Terms.  If at any time your equipment does not meet minimum Technical Specifications, we may terminate your Account. 

 

(e)   Membership to this Website is not intended for individuals under the age of 18. If you are under the age of 18, please do not use this Website.

 

     V.            Member Activities & Posted Information

 

(a)   General: This Website offers certain interactive functions to Members (and may offer additional interactive functions in the future), such as ratings and forums (collectively, "Member Activities"). The identity of, or other information pertaining to, Members and others using the Website may be discernible to you or others based upon the information such Members submit to, or their other activities on, the Website. You acknowledge that such activity on your part may result in others knowing your identity or having access to the information or other materials you submit. Notwithstanding such access, you may not use the Website except to participate in the activities expressly authorized, and for no other purpose.

 

(b)   Your Account Information Should Be Kept Secret: Please be sure to keep your Account Information, including but not limited to your log-in information, secret since unauthorized access to your Account may result in charges for transactions that you did not intend to incur and for which you will be held responsible. We strongly suggest that you do not grant anyone else access to your Account. However, should you choose to authorize a third-party to use your Account, you expressly agree to cause all other users of your Account to agree and abide by these Terms. You will be held liable for all Account use or misuse under your login credentials.  Loki will never email you a request to disclose your account information via email or email you links at which you will be prompted to submit the same.   It is always best for you to type in the URL for any website, including the Website, directly into your browser. 

 

(c) Prohibited Activities: You may not engage in any activities (the "Prohibited Activities") which are malicious, intrusive, invasive, illegal, and/or infringing, or in violation of these Terms, including but not limited to: (i) mining for email addresses or other contact information; (ii) sending or posting unsolicited marketing or sales solicitations or spam; (iii) contacting anyone with whom you do not have a preexisting relationship (other than as participants in the ordinary course of using this Website), including vendors or customers in an attempt to circumvent this Website's fee structure; (iv) impersonating another person or entity; (v) misrepresenting your role with any organization; (vi) attempting to discern the log-in credentials or Account information of another Member; (vii) threatening, harassing, intimidating, or embarrassing another Member; (viii) selling or distributing email addresses or other contact information except with the owners' express consent; (ix) submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, defamatory, or otherwise inappropriate content (in the sole discretion of Loki); (x) distributing malicious technologies such as viruses, malware, spyware, or adware; (xi) perpetrating hoaxes or pyramid schemes; (xii) encouraging unlawful or inappropriate behavior; (xiii) posting the intellectual property owned by another without permission; (xiv) interfering with another's use or enjoyment of this Website; (xv) submitting or posting any comments or content of any kind that, in the sole discretion of Loki, in bad taste or which may be contrary to the purposes for which Member Activities are provided; (xvi) attempting to hack, trespass, or acquire unauthorized access to any portion of this Website, including but not limited to any servers, networks, third-party hosts, and/or comparable equipment in connection thereto; (xvii) attempting to interrupt this Website's normal functionality, including but not limited to a distributed denial-of-service attack or related, disruptive interactions; (xviii) establishing any replica of any portion of this Website without the express, written consent of Loki, including but not limited to "phishing" or "pharming" sites; and/or (xiv) posting false, misleading, inaccurate, or fraudulent listings or bids.

 

(d)  Loki's Editorial Rights: Loki may modify, redact, and/or delete any and all content submitted to the Website by any users—including, without limitation, content that does not fall within the specific description of "Prohibited Activities" as set forth above.

 

(e)   Prerequisites To Your Submissions:

 

                                i.            We do not want you to submit confidential, proprietary, and/or infringing information to this Website or to us. All comments, feedback, information, content, or material submitted to Loki shall be considered non-confidential and may be used by Loki for any purpose, without further compensation to you. Such submissions may become publicly available, and you waive all moral or personality rights associated therewith.

 

                              ii.            Before you submit any information to this Website, you agree to take reasonable measures to verify that such information is true, inoffensive, and non-infringing upon the intellectual property rights of third-parties. You further agree to indemnify Loki for any claims, losses, expenses (including reasonable attorney’s fees and expenses) and other damages suffered as a result of your violating this subsection.

 

(f) Loki's Use Of Your Content: By submitting any information, content, or materials to Loki you hereby assign to Loki, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. In addition, you agree that Loki may utilize your submissions in connection with its social media (including but not limited to third-party social media websites such as Facebook, Twitter, etc.) by virtue of uploading your posts directly onto its social media pages or otherwise.

 

   VI.            Supplemental Terms & Agreements

 

These Terms set forth the standard legal terms and conditions for use of this Website generally. In addition to these Terms, you may also enter into various Supplemental Agreements ("Supplemental Agreements") with Loki, such as a Vendor Agreement and/or Customer Agreement. You agree to be bound by any additional terms and conditions set forth in any Supplemental Agreements as well as these Terms.

 

 VII.            Termination Of Use

 

Loki reserves the right to terminate any Account or any person’s access to the Website at any time, for any reason, and without notice.

 

VIII.            Additional Issues Regarding Materials

 

You may use and view the Materials solely for your personal, internal informational use, but never for republication, circumvention, or redistribution in any manner. You may not re-publish the Materials or make any Materials which are available only to Members available to any non-Members or other third-parties. The above constitutes the sole license, and your sole rights, to the Materials, and all other rights are retained exclusively by Loki and/or its licensors. The above permission to use the Materials shall terminate automatically without notice upon any breach by you (or anyone else who has access to the Materials through you) of these Terms, Supplemental Agreements, or any other terms of your Membership; or the termination of your Membership, as applicable.

 

    IX.            Applicable Law and Venue

 

These Terms and your rights and obligations with respect to your use of the Website or the Materials shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules.

 

Any legal action relating to these Terms, Supplemental Agreements, the Privacy Policy, or the Website, must be instituted in a state or federal court of competent jurisdiction in Cook County, Illinois, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and we each agree to personal jurisdiction and exclusive venue in Cook County, Illinois.

 

These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through the Website or otherwise involving Loki.

 

      X.            Consent To Electronic Notice, Records & Disclosures

 

As you may be aware, certain laws require that information, such as legal notices and/or disclosures, relating to you be provided or made available in writing ("Records"). Your privilege of being a Member, holding an Account, and (as applicable) using the Website  is conditioned upon your consent to Loki's policy of providing only electronic Records, when required by applicable law, to your Registered Address. You further agree that if such electronic notice or other Records are sent by Loki to your Registered Address, you are deemed to have received such notice in a legally effective manner. While generally you do have the right to have Records provided or made available on paper or in non-electronic form, and the right to withdraw your consent to have the Records provided or made available in electronic form, your sole method of withdrawing such consent is to cancel your Membership.   

 

    XI.            NO WARRANTIES

 

THIS WEBSITE AND ALL MATERIALS PROVIDED THEREON ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LOKI DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE WEBSITE, PARTICIPATION IN WEBSITE AND/OR LOKI OR MEMBER ACTIVITIES, OR USE OF THE MATERIALS IS WITH YOU.

 

THE MATERIALS ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ANY LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.

 

LOKI MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

 

LOKI MAKES NO WARRANTY THAT ANY POSTINGS ON THIS WEBSITE ARE LEGITIMATE OR WILL BE AVAILABLE AT THE TIME YOU ATTEMPT TO BID ON THE SAME. IN ADDITION, LOKI MAKES NO WARRANTY THAT ANY BIDS PLACED THROUGH THE WEBSITE ARE LEGITIMATE. LOKI MERELY PROVIDES A FORUM THROUGH WHICH TRANSACTIONS MAY BE FACILITATED, AND YOU ASSUME THE FULL RISK OF DOING BUSINESS WITH ANY OTHER MEMBER OR USER OF THIS WEBSITE.

 

ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. LOKI SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. THE WEBSITE AND/OR MATERIALS ARE NOT MEANT FOR USE ON MISSION CRITICAL OR PUBLIC SAFETY EQUIPMENT.

 

  XII.            LIMITATIONS OF LIABILITY & DISCLAIMERS

 

EXCEPT AS EXPRESSLY PROVIDED HEREIN OR ON THE WEBSITE, LOKI SHALL NOT BE LIABLE FOR ANY REFUNDS, DIRECT DAMAGES, COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL LOKI, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISED AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY OR OTHERWISE), OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF LOKI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

LOKI SHALL NOT BE LIABLE FOR OR IN RESPECT OF ANY BREACH OF THIS AGREEMENT OR ANY OTHER DAMAGE SUFFERED BY YOU DUE TO FORCES BEYOND THE REASONABLE CONTROL OF LOKI AND OR ITS VENDORS OR OTHER ASSOCIATED PARTIES.

 

LOKI IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO, THE FOLLOWING:

 

(A) TRANSACTIONS PLACED THROUGH THE WEBSITE; DISPUTES BETWEEN THE PARTIES TO ANY TRANSACTIONS PLACED THROUTH THE WEBSITE; AND BILLING ISSUES WITH RESPECT TO TRANSACTIONS PLACED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PRICES, OTHER FEES, TAXES, DISCOUNTS AND THE LIKE;

 

(B)   VENDOR POSTINGS, INCLUDING BUT NOT LIMITED TO THE LEGITIMACY OF SUCH POSTINGS, THE ACCURACY OF SUCH POSTINGS (INCLUDING BUT NOT LIMITED TO THE DESCRIPTION THEREOF), THE RELIABILITY OF SUCH POSTINGS, AND/OR THE AVAILABILITY OF SUCH POSTINGS AT ANY GIVEN TIME.

 

(C)   BIDS PLACED THROUGH THE WEBSITE.

 

(D)  SYSTEM FAILURES, SYSTEM PROBLEMS, AND/OR TECHNICAL DIFFICULTIES.

 

IN THE EVENT THAT ANY DISPUTE OF ANY KIND ARISES BETWEEN YOU AND ANOTHER MEMBER OR USER OF THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE AGAINST THE PARTY WITH WHOM YOU HAVE SUCH DISPUTE AND THAT YOU RELEASE AND HOLD LOKI HARMLESS FOR THE SAME.

 

THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO LOKI'S MAKING THE WEBSITE AND THE MATERIALS AVAILABLE TO YOU AND IN DETERMINING THE PRICING THEREOF.

 

XIII.            Website Usage

 

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the Website's servers in a given period of time than a human would produce in the same period by using a conventional web browser. Loki allows the operators of bona fide public search engines to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. Loki reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.

 

XIV.            Compliance With Laws

 

You may not access, download, use or export the Website or Materials in violation of applicable laws or regulations.

 

 XV.            Third-Party Links

 

The Website may contain links to websites controlled by parties other than Loki ("Third-Party Websites"). Loki is not responsible for the availability of, contents on, charges incurred on, or your other use of, Third-Party Websites. Loki provides links to Third-Party Websites solely as a convenience to its members, and the inclusion of any link does not imply endorsement by Loki of a Third-Party Website. You bear all risks associated with Third-Party Websites, and Loki is not responsible for any claim, loss, or damage relating to or arising out of any Third-Party Website or your use thereof.

 

XVI.            Indemnification

 

You agree to defend, indemnify and hold harmless Loki, its officers, directors, shareholders, employees and agents from and against any and all third-party claims, and all liabilities, damages, losses or expenses arising out of or relating to such claims, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your breach of these Terms; or (b) your access to or use of the Website and the Materials.

 

XVII.            Privacy Policy; Other Website Rules

 

You agree to the Privacy Policy, to which you are also bound. All limitations of liability, disclaimers of warranty, other disclaimers, jurisdictional and venue provisions in these Terms shall apply to any claim or question under the Privacy Policy and shall be deemed incorporated therein by reference. All other Loki policies or rules set forth on the Website are also binding on you and apply to your use of the Website, and your violation thereof shall be deemed a breach of these Terms.

 

XVIII.            Severability

 

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any rights hereunder shall be deemed to waive any other rights, nor any waiver of the same rights in any different future context. No failure to enforce any rights hereunder shall be deemed a waiver thereof.

Loki Terms of Use, version 1.0 September 1st, 2014