Terms of Services

Last Updated: Aug 03 2018

 

Terms and Conditions

 

This website and any mobile application (collectively, this “Site”) is owned by Hashshiny.io (“We”, “Us” or “Hashshiny”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions.

 

By browsing, accessing, using, registering for or purchasing Hash rate on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase from the Site.

 

You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

  

We currently do not provide services or sell products to Mainland China users.

 

Privacy Policy

 

Our Privacy Policy, which also governs your visit to Our Site, can be found at https://hashshiny.io/privacy-policy. Please review our Privacy Policy for information on how We collect, use and share information about our users.

 

Use of This Site

 

Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚non-transferable‚ non-sub licensable license to access and make personal‚non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site. You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.

 

Account

 

In order to access some features of this Site‚ you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide Us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information.

 

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site.  YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE  USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

 

Electronic Communication

 

When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

 

User Content

 

This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk.

 

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

 

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;

User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;

User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;

User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and

Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

 

Rights of user Content

 

Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or  formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site.

 

By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

  

Restrictions on Rights to Use

 

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

 

download‚modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;

remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;

use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;

collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;

reformat or frame any portion of any Web pages that are part of this Site;

create user accounts by automated means or under false or fraudulent pretenses;

credit card fraud (makes unauthorized purchases using a stolen or misappropriated credit card) will lead to user's account being blocked;

please do not use VPN/Proxy to access our website to avoid account flag as high risk or disabled;

there are too many IP addresses from different countries in the account, which will lead to user's account flag as high risk or disabled (IP addresses are more than 3 countries); 

create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site; 

Fake or malicious online reviews/feedback (content that falsely states) will lead to user's account being blocked;

transmit or upload to this Site any item containing or embodying any virus‚ worm‚defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Website‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;

use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;

copy or store any User Content offered on this Site other than for your personal‚non-commercial use;

take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or

use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

 

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

 

Ownership

 

As between you and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚  audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors and protected by applicable copyright laws.

 

The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.

 

Purchases on this Site

 

You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

 

You agree to pay the Fees shown on this Site when your order is placed. We reserve the right  to increase, decrease and add or eliminate Fees from time to time and without prior notice, Any Fee charges may or may not reflect actual costs.

 

Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

 

All refunds are governed by our Refund Policy, which can be found at REFUND.

 

We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

 

All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices/Fee are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your Country or jurisdiction is restricted or prohibited.

 

We cannot guarantee 1:1 ratio between the hashrates sold and held due to market factors such as overseas regulations, Electricity conditions, supply and demand.

 

Refund

 

30-Day Refund Policy. We want you to be satisfied with your purchase. But in the event that you decide your purchase was not the right decision, open a Support Ticket within the first 30 days from the date you purchased contract and let us know you’d like a refund. We will refund you 50% amount paid by you of your Mining Contract, and subtract the amount of Cryptocurrency already payout to you. Should the amount of Cryptocurrency paid to you exceed the contract price paid by you there will be no refund. You can get a 30% refund if the order time is more than 30 days, but less than 90 days.

 

Mining contract 

Mining contracts with a stated expiration date will end on the date of expiration and the Services will be stopped. Pre-order Mining Contracts that are not activated immediately on purchase will activate on the stated date. The Mining process continues until contract expire. if the Fees become larger than the Payout. please turn off mining process from dashboard. (turn on it until mining is profitable again).  If your mining Return On Investment(ROI) has exceeded 105% (after Break-even), we will charge a 48% commission for the revenue that above 105%.  We only charge commission after Break-even.


Return (ROI)

Commission

0%-105%

0%

106%-150%

48%

151%-200%

58%

201%-700%

68%

 

If you have not logged into your account within the past 180 days, your account will be as dormant due to inactivity. You must Re-turn on the mining switch manually after a new login.

 

Links

 

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.

 

Termination

 

You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.

 

Indemnification

 

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys'fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.

 

Disclaimers

 

Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

 

Exclusivity of Remedy; Limitation of Liability

 

IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

 

Remedies

 

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

 

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

 

Modifications to Site

 

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or Terms thereof without prior notice.

 

Severability

 

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

 

No Third-Party Beneficiaries

 

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

 

Force Majeure Event

 

Force Majeure Event means an event beyond the reasonable control of the Party affected, including, but not limited to, acts of God, embargoes, governmental restrictions, strikes, riots, insurrection, wars or other military action, civil disorders, acts of terrorism, rebellion, fires, explosions, accidents, floods, vandalism, cable cuts and sabotage, failure of public or private telecommunications or power networks, equipment failure, system failure, material change to Law, or change in industry regarding Cryptocurrencies, Mining, Market fluctuations.

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to deliver the Services that is caused by a Force Majeure Event.

 

Risk Notice

 

Actions with Cryptocurrencies carry inherent risks. Because Cryptocurrencies are unregulated  and decentralized, their value is not insured by any legal entities. The value of any Cryptocurrency is subject to change due to a number of factors out of our control. These factors include but are not limited to changes of mining difficulty and/or other mining parameters/properties, fluctuating price (in fiat currency to Cryptocurrency exchange rate, such as USD/BTC) of Cryptocurrencies, obsolescence of hardware and amortization of hardware.

 

Due to such factors, you may increase or lose value in your Cryptocurrencies at any given moment. Any currency – digital or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. Cryptocurrencies actions also have special risks not generally shared with fiat currencies or goods or commodities in a market. Unlike fiat currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are backed by technology and their perceived value in the marketplace.

 

As such, you understand and agree that the worth of any amount of mined Cryptocurrency may lose all worth at any moment of time due to the nature of Cryptocurrencies. You understand that you are solely responsible for management of the Cryptocurrencies in your balance as well as any losses or charges incurred by any third-party entity.

 

Any information related to Cryptocurrency and Cryptocurrency mining that is/was posted, published and/or provided by the Website through any channel or through any means of communication is not investment or legal advice and is subject to change at any time.

 

Miscellaneous

 

No agency‚partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at https://hashshiny.io/privacy-policy, and any notices regarding the Site.


Arbitration clause

 

All disputes regarding claimed shall be submitted to Arbitration with an Arbitrator agreed to by both parties. Arbitration shall be held in Hong Kong.

 

Questions

 

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by support ticket.