Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“BitPremier” refers to our company, known as “BitPremier LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the term is used;
“Buyer” refers to a person buying goods or services from a Seller in our Marketplace;
“Marketplace” refers to the portion of our Site wherein Sellers may list their goods or services for Buyers to purchase;
“Seller” refers to a person who uses our marketplace to sell their goods or services to a Buyer;
“Service” refers to the services that we provide through our Site, including our Marketplace and escrow services;
“Site” refers to our website, www.BitPremier.com;
“User” refers to Buyers, Sellers, and anyone else who visits our Site;
“You” refers to you, the person who is entering into this Agreement with BitPremier.
3. What BitPremier Does
Through our Site, we offer a Marketplace that brings together Buyers and Sellers of luxury goods. Transactions are conducted solely using Bitcoins, with BitPremier taking a percentage transaction fee or listing fee. Sellers are able to submit items to us to list in our Marketplace, and Buyers are able to indicate interest in an item. BitPremier acts as the negotiating intermediary to keep the transaction confidential until the final terms are agreed upon by the parties. We also offer an escrow service where the payment for the item will be held by BitPremier until both sides agree that the transaction has been completed successfully. Items that are ideal for selling through BitPremier include real estate (note that due to real estate transaction laws that vary by jurisdiction, our escrow service will not apply in many cases, and in these cases, money will have to exchange hands offline and without our help), automobiles, jewelry, home goods, and other high-end items.
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, BitPremier, and yourself. For example, if the Office of Foreign Assets Control prohibits you from conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
You must not have more than one account with BitPremier unless authorized by us to do so.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must provide us with personal information, payment information, and other information that we deem necessary to include you in our marketplace and provide you with our Service.
You must properly report all income and contracts as required to the Internal Revenue Service and any other governmental entity (such as a state revenue department) that may require it. You acknowledge that BitPremier is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.
5. Nature of Service
BitPremier acts only as an intermediary between Buyers and Sellers for escrow, sale negotiation, and other purposes. You agree that BitPremier shall not be named in any legal matter as a plaintiff, defendant, or any other party than a witness, which arises from any dispute with another User.
6. Rules of Use
Once you have signed up to BitPremier, the following Rules of Use shall apply in addition to the preliminary eligibility criteria mentioned above. You must not:
Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
If selling goods, send anything that would violate the laws of any jurisdiction to which the goods are subject even if it does not violate your jurisdiction. For example, if the possession and sale of an item is legal in California, but illegal in Arizona, you may (if it does not otherwise breach this Agreement) sell it to someone in California, but you must not sell it to anyone who is located in Arizona.
If listing an item for sale on BitPremier, you agree to pay BitPremier's fees upon the consummation of a sale, and to assume full responsibility for the content of the listing and item offered.
Sell any regulated goods for which you have not complied with the governing regulations. For example, although firearms are a popular item to sell in an estate sale, they are generally subject to strict regulations and federal licensing requirements if manufactured after 1898.
Send anything through post or courier that you are not entitled by those services to send.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of BitPremier or its delegates.
Post requests for information about items which you have no intention of actually purchasing.
Be fraudulent or negligent in your representations to any other party.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the BitPremier Site, Service, or its Users’ computers.
Do anything else which, at BitPremier’s sole discretion, could bring BitPremier into disrepute.
7. Payment & Terms of Purchase
BitPremier reserves the right to charge a fee for all or some of its services. The fees and their terms shall be displayed on our Site and are hereby incorporated into this Agreement by reference. We may charge fees for listing items, transaction fees at the close of a sale, and fees for our escrow service.
Payments may be made in Bitcoins. BitPremier may, but is not obligated to, permit the use of currencies such as the United States dollar to be used for completing transactions.
If Users elect to use our optional escrow service, funds will not be released to the Seller until both parties agree that each party has performed its obligations. If the parties do not indicate that the obligations have been met within seven days of the funding of the escrow, the funds will be returned to the Buyer.
Shipping will be the responsibility of the Seller. All other terms of sale, unless otherwise regulated by this Agreement, any applicable law, or any other rules established by BitPremier from time to time, shall be determined between the counterparties to the relevant transaction.
BitPremier may, but is not obligated to, provide remuneration for referrals by Users of other Users to the BitPremier Service, or for any other reason. BitPremier may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Discounts for referrals or other financial benefits given in reward for referring Users to us may be considered a taxable benefit by any revenue agency having jurisdiction over you, and you should consult an accountant and/or tax attorney in your jurisdiction to determine your tax liabilities incurred as a result of participating in our referral program.
9. Anti-Money Laundering
BitPremier is not a money transmitter business or a bank. Payments made through BitPremier are remitted immediately (unless held in escrow) rather than stored in anything that resembles an account. Please note that any funds held in escrow are not a deposit, nor are they protected by the Federal Deposit Insurance Corporation.
Although BitPremier is not a money transmitter business or a bank, we are a useful tool for two parties to exchanges goods and/or services for a monetary or pseudo-monetary (such as Bitcoins) benefit. We therefore request that Users report any suspicious activity that they believe may be indicative of a money laundering scheme to the Financial Crimes Enforcement Network ((703) 905-3591) and any other law enforcement agency having jurisdiction over the suspected crime.
10. Corporate Information
11. Our Copyright
BitPremier’s content, whether generated by BitPremier or licensed to it by its Users or some other third party, is important for preserving the uniqueness of our Service both when advertising to others and when being indexed by search engines. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
12. Your Copyright
BitPremier must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“BitPremier” is a trademark used by us, BitPremier LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own e-commerce or Bitcoin-related service.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Copyright & Trademark Infringement
We have registered a Copyright Agent with the United States Copyright Office, which limits our liability for copyright infringement under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: BitPremier.com Copyright Agent
P.O. Box 83111
Gaithersburg, MD 20883
If sending the notification by e-mail, an electronic signature is acceptable.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
16. Tax Reporting Obligations
All sales made through BitPremier may be subject to capital gains and/or income tax and/or any other applicable tax. Although Bitcoins do not constitute legal tender in the United States or any other country, BitPremier cannot advise as to the taxability of any transactions involving Bitcoins, and it is our belief that such transactions are, at the minimum, subject to a capital gains tax. You agree that you will pay all taxes on your transactions through BitPremier as required by law.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A BUYER TO MAKE THE APPROPRIATE PAYMENT TO YOU IF YOU ARE A SELLER, OR OF A SELLER TO RENDER THE REQUIRED GOODS OR SERVICES TO YOU IF YOU ARE A BUYER.
WE ARE NOT RESPONSIBLE FOR INFORMATION PROVIDED BY THIRD PARTIES ON OUR SITE. PRICES SET BY SELLERS QUOTED IN UNITED STATES DOLLARS ARE PERIODICALLY TRANSLATED INTO A CORRESPONDING BITCOIN PRICE USING A THIRD PARTY PLUG-IN. AS SUCH, WE ARE NOT RESPONSIBLE FOR INACCURACIES OR PRICING DELAYS DUE TO THE THIRD PARTY DATA FEED. THE FINAL SALE PRICE OF AN ITEM MUST BE AGREED UPON BY BOTH BUYER AND SELLER OF THE ITEM.
WE ARE NOT RESPONSIBLE FOR ANY FORGED OR OTHERWISE INADEQUATE OR INSUFFICENT GOODS OR SERVICES. BUYERS WHO USE BITPREMIER ARE AGREEING TO BE SUBJECT TO THE DOCTRINE OF CAVEAT EMPTOR, AND THAT IT IS THEIR RESPONSIBILITY TO DETERMINE THE VALUE OF AN ITEM PRIOR TO AGREEING TO PURCHASE IT.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
19. Choice of Law
This Agreement shall be governed by the laws in force in the State of Maryland. The offer and acceptance of this contract are deemed to have occurred in the State of Maryland. Users who are counterparties to a transaction made through BitPremier may determine amongst themselves which law shall apply to their legal relations with each other, but not with BitPremier.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Maryland. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of competent jurisdiction which may decide on civil matters in the State of Maryland (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, BitPremier shall have the sole right to elect which provision remains in force.
BitPremier reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page. You must read this page each time you access our Service, and you agree to be bound by any changes through your continued use of our Service. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at email@example.com so that we may disable your account.
27. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about BitPremier must be addressed to our agent for notice and sent via certified mail to: BitPremier LLC, P.O. Box 83111, Gaithersburg, Maryland, 20883.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: April 27, 2013