Backyardcrypto.com

(last updated 6/5/16)


Backyard Crypto LLC TERMS & CONDITIONS

Welcome to Backyardcrypto.com


First and foremost, we would like to thank our loyal repeat users. We are truly excited to be of service to you!


Backyard Crypto is a Wiki style Crypto information based website, dedicated to creating a community through collaboration. Through our platform, and mobile apps, we enable people all over North America to create, discover, share and register for Crypto information. By using this website; www.backyardcrypto.com mobile website; m.backyardcrypto.com, and all related Backyardcrypto services collectively (the, our or this “Site”), you (“You,” “you” or the “User”) agree to the following terms and conditions (the “Terms & Conditions” or “T&C”) that we (“BackyardCrypto LLC” or “we” or “us”) have provided for you.


Please read the entire T&C carefully. If you do not consent to any of the Terms & Conditions set forth in this document, please cease using the Site or any of its services until you contact us to resolve any issues.


General Terms of Backyard crypto Website Use:

Backyard Crypto and the Site provide interactive online products and services that are facilitated and controlled by Backyard Crypto. Some of these products and services consist of third party information services, content and transaction capabilities that are facilitated through Backyard Crypto. In order to gain access to some of these products and services such as Special Offers you must register for a Backyard Crypto account. An account is required so we can collect the information necessary to provide you with Special Offers, personal settings and track the usage of your Special Offers.


This Agreement sets forth the Terms & Conditions that apply to the use of this Site by you, the User. By using this Site, you agree to comply with all of the terms and conditions hereof. The right to use this Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your account information including password(s) and other sensitive data, if any. You acknowledge that occasional interruptions in service or events are beyond the control of Backyard Crypto LLC, and therefore, we shall not be responsible for any data lost while transmitting information on the Internet. While it is Backyard Cryptos objective to make the Site accessible twenty-four (24) hours per day, seven (7) days a week, the Site may be unavailable from time to time for any reason including, without limitation, connection disruptions, routine maintenance, third party service outages, Site functionality check-ups and restorations. You understand and acknowledge that due to circumstances both within and outside of the control of Backyard Crypto, access to the Site may be interrupted, suspended or terminated from time to time without notice. Backyard Crypto shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Backyard Crypto may discontinue disseminating any portion of information or category of information and we may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.


By using the Site, you represent that you are of legal age in your jurisdiction to form a binding contract. You must be at least eighteen (18) years old to be eligible to use the Site. However, if you are at least thirteen (13) years old, you may use the Site together with your parent or guardian who supervises you throughout your use of the Site with an understanding and acceptance of the Site’s Legal Policies.


Your User Account:

By creating a User Account to participate in events, contests, promotions (etc.) and to obtain certain services offered by Backyard Crypto, you will be asked to provide varying amounts of personal information (“User Data”) including, but not be limited to, you name, email address, city of residence, zip code, date of birth, IP Address and other general information. You are responsible for maintaining the confidentiality of the password and other account information. You are solely responsible for all activities that occur under your account, including, without limitation, all actions by individuals you share your account information with, despite our strong recommendation not to share an account with anyone. You agree to immediately notify Backyard Crypto of any unauthorized use of your password or account or any other breach of security. You agree to ensure that you exit from your account at the end of each session for your own protection, especially on public computing devices. Backyard Crypto cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.


Registration:

To be a registered user of Backyard Crypto, whether as a general user or to purchase tickets to an event, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "User Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Backyard Crypto has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Backyard Crypto in its sole digression has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Site (or any portion thereof).


User Data:

Please see our Privacy Policy for more details on how we handle our users data.


User Devices:

You shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Backyard Crypto shall not be liable for any damage(s) to the your equipment resulting from the use of this Site.


User Conduct:

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks within our Site are private property. All interactions on this Site and/or the Affiliate must comply with these Terms & Conditions. Although we welcome and encourage user interaction on our Site, we do insist and require that all Users restrict any and all activity in connection with the use of this Site and the Affiliate to that which involves lawful purposes only. User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Backyard Cryptos LLC’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Backyard LLC’s exclusive discretion restricts or inhibits any other User from using or enjoying this Site and/or any of the Affiliate is strictly prohibited. User shall not use this Site or any of the Affiliate to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Site and/or the Affiliate to become Users of other on- or offline services directly or indirectly competitive or potentially competitive with Backyard Cryptos LLC. The foregoing provisions of this Section apply equally to and are for the benefit of Backyard Cryptos, its subsidiaries, affiliates, Organizers, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.


Code of Conduct for Website Use:

You agree that you will comply with all applicable laws, rules and regulations, and that you will never, under any circumstances:

    1 - Use the Site for any unlawful purpose;

    2 - Restrict or inhibit any other person from using the Site;

    3 - Express or imply that any statements you make are endorsed by us, without our prior written consent;

    4 - Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;

    5 - Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;

    6 - Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;

    7 - Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

    8 - Engage in spamming or flooding;

    9 - Harvest or collect personal information about Site users;

    10 - Attempt to order a number of tickets for an event that exceeds the stated limit for that event;

    11 - Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer;

    12 - Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.

*If you notice any suspicious activity by any other user, please contact us right away at support@backyardcrypto.com

Notifications & Newsletters:

By using this Site and effectively accepting these Terms & Conditions, You acknowledge that you may receive promotional communications and emails from BackyardCrypto LLC. Backyard Crypto, in conjunction with its affiliates, reserves the right to send our users email communications from time to time regarding promotions, event and company updates, technical or administrative issues, legal notices, promotional offers or other important information about the Site and services of Backyard Crypto. Backyard Crypto does not intentionally send unsolicited emails to anyone who has requested that Backyard Crypto not contact them. If you would like to opt completely out of receiving communications and any emails from Backyard Crypto or its affiliates, you may notify us that you do not wish to receive any future messaging at support@backyardcrypto.com.


Intellectual Property & Miscellaneous Terms:


Copyrights & Trademarks:

Everything located on or in this Site is either the exclusive property of Backyard Crypto or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Backyard Crypto LLC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Backyard Crypto owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download, print, and/or save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Backyard Crypto or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Affiliate otherwise owned or operated in conjunction with Backyard crypto shall not be deemed to be in the public domain but rather the exclusive property of Backyard Crypto, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Backyard Crypto unless otherwise stated. User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Backyard Crypto does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Affiliate, User warrants that the owner of such material has expressly granted Backyard Crypto the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that User’s personal use. User hereby grants Backyard Crypto the rights to edit, copy, publish and distribute any material made available on this Site or any Affiliate by User. The foregoing provisions of Section 5 apply equally to and are for the benefit of Backyard Crypto, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.


Copyright Policy.

Backyard Crypto reserves the right to terminate its agreement with any User who repeatedly infringes third-party copyright rights upon prompt notification to Backyard Crypto by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Affiliate in a way that constitutes copyright infringement, you shall provide Backyard Crypto with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Affiliate of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.


Contact information for Backyard Crypto Intellectual Property Agent for notice of claims of copyright infringement is as follows: Backyard Crypto ATTN: Copyrights to support@backyardcrypto.com

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Release & Waiver:

By using the Site, or attending an event featured on the Site, you hereby release Backyard Crypto, its affiliates, partners, directors, officers, employees, agents, representatives, successors, and assigns (Collectively referred to as “Affiliates”) from any and all liability, from injury, loss or damage of any kind arising out of or resulting from your endorsement of Backyard Crypto. You hereby release Backyard crypto and its Affiliates from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced, or any unintentional misspellings or inaccuracies. If you notice any issues with anything featured on our Site, please contact support@backyardcrypto.com

.

Disclaimer of Warranty:

USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT THE SOLE RISK OF THE USER. NEITHER BACKYARD CRYPTO LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES. THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BACKYARD CRYPTO LLC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.


Limitation of Liability:

IN NO EVENT SHALL BACKYARD CRYPTO LLC, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS TERMS AND CONDITIONS AGREEMENT OR ANY OTHER LEGAL SECTION POLICIES. IN NO EVENT WILL BACKYARD CRYPTO LLC’S LIABILITY IN CONNECTION WITH A BACKYARD CRYPTO LLC TRANSACTION EXCEED THE AMOUNTS PAID FOR SUCH DEAL, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY THE USER DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM.


Monitoring:

The content of Backyard Crypto is generated with contributions from not only us, but also our Users. We try our best to keep material positive and non-offensive. Backyard Crypto shall have the right, but not the obligation, to monitor and edit the content of the Site (and any Affiliate developed now or in the future) at all times. Without limiting the foregoing in any respect, Backyard Crypto shall have the right, but not the obligation, to edit or remove any material that Backyard Crypto, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


User Content Privacy:

User acknowledges that all discussion for ratings, comments, and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read User’s communications without User’s knowledge. Backyard Crypto LLC does not control or endorse the content, messages or information found in any Community, and, therefore, Backyard Crypto LLC specifically disclaims any liability concerning the Communities and any actions resulting from Users’ participation in any Community, including any objectionable content. Generally, any communication which is posted to Backyard crypto LLC (whether on, Places, the Feed, Blogs, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Backyard Crypto as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Affiliate, User grants Backyard Crypto the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information, please carefully review the full Backyard Crypto Privacy Policy.


License Grant:

By posting communications on or through this Site or any Affiliate, User shall be deemed to have granted to Backyard Crypto a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.


Indemnification & Liability Release:

User agrees to defend, indemnify and hold harmless Backyard Crypto, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by User in connection with the Site or any Affiliate. User is solely responsible for interactions with Event Organizer’s and other users of the Site or Affiliates. To the extent permitted under applicable laws, User hereby releases Backyard Crypto from any and all claims or liability related to any product or service of an Event Organizer, any action or in-action by an Event Organizer, including an Event Organizer’s failure to comply with applicable law and/or failure to abide by the terms of a Deal, and any conduct or speech, whether online or offline, of any other user. In connection with the foregoing release, User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”


Termination:

Backyard Crypto may terminate this Agreement at any time without notice to any of our users, visitors, sponsors or event organizers. Without limiting the foregoing, Backyard Crypto shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which Backyard Crypto, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Terms & Conditions Agreement as well as any other section of our Legal policies.


Third-Party Content & External Links:

Backyard Crypto, similar to an Internet Service Provider, is a distributor (and only on rare occasions a publisher) of content supplied by third parties and Users. Accordingly, Backyard Crytpo s has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributor(s) and not of Backyard Crypto In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, user, or other user not under contract with Backyard Crytpo. Backyard Crypto neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Site by anyone other than authorized Backyard Crypto employee spokespersons while acting in official capacities. Under no circumstances will Backyard Crypto be liable for any loss or damage caused by a User’s reliance on information obtained through Backyard Crypto It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Backyard Crypto Third Party Content found on Site is subject to change without Backyard Crypto knowledge. Backyard Crypto is not responsible for inaccurate content as it may be at the discretion of such Third-Parties. In the event content is incorrect or out of date Backyard Crypto is not held liable for any loss or damage caused by inaccurate content. Site may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Backyard Crypto of the contents on such third-party sites, and Backyard Crypto hereby expressly disclaims any representations regarding the content or accuracy of materials on such Third-Party websites. If User decides to access linked Third-Party websites, User does so at its own risk. Unless you have executed a written agreement with Backyard Crypto expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Backyard Cryptos LLC reserves the right to revoke its consent to any link at any time in its sole discretion.


Miscellaneous:

These Terms & Conditions, in conjunction with our Legal Policies and any operating rules for Backyard Crypto established by Backyard Crypto (which are incorporated into this Agreement), constitute the entire agreement of the parties with respect to the subject matter hereof. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, as it is the intention of the Parties that the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.


Jurisdiction, Governing Law, Arbitration & Consent:

By using this Site, User understands and agrees that you are effectively giving consent to be bound by the laws and judicial decisions of New York State in the United States of America, without regard to principles of conflict of laws. The State of New York will govern the Legal Policies of this Site as well as any dispute of any sort that might arise between you and the Company or its affiliates. The use and/or purchase of services from shall be exclusively governed by and construed under the laws and judicial decisions of New York State. The Forum and venue for any dispute shall be in the county of Erie in New York, USA. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association in according with its arbitration rules and procedures or subsequent versions thereof (“AAA Rules”). The AAA rules for selection of an Arbitrator shall be followed, except that the arbitrator shall be experienced, licensed and in good standing to practice law in New York State. The remedy for any claim shall be limited to actual damages, and in no event shall any Party be entitled to recover any punitive, exemplary, consequential or incidental damages, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this Agreement or seek injunctive or any other equitable relief. The Parties agree that the rights and obligations of any Party and/or promotion entities and/or Party shall be resolved individually, without resort to any form of class action. Any demand for arbitration must be filed within one (1) year of the time of the cause of action accrued, or the cause of action shall be forever barred.


Modified Terms:

Backyard Crypto reserves the right, in our sole discretion, to discontinue or modify any of our Terms & Conditions as well as our Privacy Policy as we deem necessary or desirable at all times. Such changes may include, among other things, the adding of certain fees or charges. These fees will never be charged retroactively. If Backyard Crypto makes any substantial changes, we will notify you via e-mail to the address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms & Conditions will be effective upon an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to Offers and/or Event Tickets purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any Deals purchased by such new users. We encourage and suggest that you re-read this important notice containing our Terms & Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by User after such notice shall be deemed to constitute consent and acceptance by User of such modifications.


Contact:

Whether you’re new to the Backyard Crypto community or already a loyal user, merchant, editor, moderator, super user, marketer, publisher, media member or job/internship seeker, we’d love to hear from you and stay connected! If you have any questions regarding our Terms & Conditions, or any other Legal policies, please don’t hesitate to contact us by e-mail or regular mail at the following address:



Backyard Crypto LLC

260 Center Street

East Aurora, New York 14052

United States

info@backyardcrypto.com

716-997-2744

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