Super Crypto Mining, Inc., a Delaware corporation (the “SCM”, “we”, “us”, or “our”) provides this website located at www.superminer.com (the “Website”), all the content under this domain, certain related software, and its services to you subject to the following terms and conditions (the “Terms”). By using the Website, you agree to be bound by the latest amended versions of the Terms and SCM’s Privacy and Security Policy. The Terms and SCM’s Privacy and Security Policy, and any additional terms that you agree to in connection with your use of the Service (as defined herein), are referred to collectively as the “Agreements”.
Effective as of March 14, 2018
SECTION 1: ACCEPTING THE TERMS
By using the information, tools, features and functionality located on the Website, through any of its APIs, or through any software or other websites that interface with the Website or its APIs (collectively, the “Service” or “SCM Service”), or accessing any content or material that is made available by SCM through the Service (the “Content”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the Website) or you are a “Member” (meaning you have registered with the Website). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. By agreeing to the Terms, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service or consume any Content.
Please read the Agreements carefully. They cover important information about SCM Services provided to you. The Agreements include information about future changes to the Agreements, limitations of liability, intellectual property, waiver, and resolution of disputes by arbitration instead of in court.
In order to use the SCM Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that you submit to SCM is true, accurate, and complete, and you agree to keep it that way at all times.
SECTION 2: COPYRIGHTS
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of SCM and protected by United States and international copyright laws. Reproduction of the content of the Website without the written permission of SCM is prohibited.
SECTION 3: TRADEMARKS AND SERVICEMARKS
Super Crypto Mining®, the SCM logo, and other SCM graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of SCM or its subsidiaries. SCM’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not SCM’s, in any manner without SCM’s permission. All other trademarks not owned by SCM or its subsidiaries that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SCM or its subsidiaries.
SECTION 4: LICENSE TO ACCESS SUPERCRYPTOMINING.COM AND SERVICES
In consideration for accessing the Website and the Service, SCM grants you a limited, non-exclusive, revocable license to access and make personal, non-commercial use of the Website (the “License”). This License prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of SCM. This License does not allow resale of SCM Services without SCM’s written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without express written consent of SCM. You may not use any meta tags or any other “hidden text” utilizing SCM’s name or trademarks without the express written consent of SCM. Any unauthorized use automatically terminates the permission or license granted by SCM and may incur legal liabilities for any damages. This License shall remain in effect until and unless terminated by you or SCM. You promise and agree that you are using the Content for your own personal, non-commercial use and that you will not redistribute or transfer the SCM Service or the Content.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of SCM’s proprietary graphics or trademarks as part of the link without express written permission.
You agree to abide by our guidelines and not to use the SCM Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, SCM grants no right, title, or interest to you in the SCM Service or Content.
SECTION 5: ACCOUNTS AND PASSWORDS
If you are issued an account, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible. SCM reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to the Website and the SCM Service.
SECTION 6: THIRD PARTY APPS
SCM Service allows you to install or utilize certain third party applications, websites, and services (“Apps”) to make available content, products, and/or services to you. These Apps are provided “AS IS” and governed by their own terms of service and privacy policies as set forth by the third parties that provide them. SCM does not endorse and is not responsible or liable for the services or features provided by these Apps you choose to install. You acknowledge and agree that SCM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Apps.
SECTION 7: YOUR CONTENT
Depending on the features you select or Apps you enable, SCM may modify, remove or disable the content of your account. For example, SCM may detect any email addresses and replace them with a script in order to keep it from being harvested, or SCM may insert code to improve page load performance or enable a third party App. Depending on the features you enable, you acknowledge SCM may:
- Intercept requests determined to be threats and present them with a challenge page.
- Add cookies to your domain to track visitors, such as those who have successfully passed the CAPTCHA on a challenge page.
- Add script to your pages to, for example, add services, Apps, or perform additional performance tracking.
- Other changes to increase performance or security of your account.
SCM will make it clear whenever a feature will modify your content and, whenever possible, provide you a mechanism to allow you to disable the feature.
SCM reserves the right to remove or disable access to any user account for any or no reason that, in SCM’s sole discretion, violates the Agreements. SCM may take these actions without prior notification to you or any third party. Removal or disabling of access to user accounts shall be at our sole discretion, and we do not promise to remove or disable access to any specific user account.
SECTION 8: RECORDS OF SUPERCRYPTOMINING.COM VISITOR USE AND ABUSE
As a Visitor to the Website and a User of the SCM Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.
If you provide feedback, ideas or suggestions to SCM in connection with the SCM Service or Content (the “Feedback”), you acknowledge that the Feedback is not confidential and you authorize SCM to use that Feedback without restriction and without payment to you.
SECTION 9: RECORDS OF YOUR VISITORS
As part of the SCM Service, you may choose to monitor the traffic in regards to your use of SCM Service. In doing so, you acknowledge that SCM acts as your limited agent (and data processor in the EU context) to you for the purpose of providing Internet data and optimization services. You acknowledge that it is your responsibility to ensure that the use of the SCM Service is permitted under the laws of your jurisdiction and you agree to indemnify and hold SCM harmless if your use of the Service is in violation of local law. You agree to indemnify and defend SCM from and against any and all claims stemming from your failure to comply with this provision and/or your failure or refusal to abide by the terms and provisions of any applicable privacy policies. You acknowledge that SCM may use this data to improve its service or enable other services (e.g., using traffic logs or data posted through the service to detect threats so as to stop future attacks).
SECTION 10: LIMITATION ON NON-HTML CACHING
You acknowledge that the SCM Service is offered as a platform to mine crypto currencies and is not offered for other purposes. Accordingly, you understand and agree to use the Service solely for the purpose of mining crypto currencies. You further agree that if, at SCM’s sole discretion, you are deemed to have violated this section, or if SCM, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on SCM’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, SCM may suspend or terminate your account without notice to or liability to you.
SECTION 11: INVESTIGATION
SCM reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for SCM’s benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in SCM’s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, SCM may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against SCM for such action, including but not limited to any disruption to your service.
SECTION 12: INDEMNITY
You agree to indemnify and hold SCM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
SECTION 13: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE, THE SCM SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY SCM ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, THE SCM SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SCM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WEBSITE, THE SCM SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SCM MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT THE WEBSITE, THE SCM SERVICE, ANY DOWNLOADABLE SOFTWARE, THE SCM SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, THE SCM SERVICE, OR SCM DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Notwithstanding the foregoing, SCM acknowledges that it is compliant with the Payment Card Industry Payment Card Industry Data Security Standard (PCI DSS) and is a PCI DSS Level 1 certified organization. As such SCM is therefore responsible for the security of cardholder data that it transmits on behalf of its customers while that data is within SCM’s network. SCM does not store cardholder data transmitted through its network at any point.
SECTION 14: AUTOMATIC RENEWAL AND CANCELLATION
IN ORDER TO PREVENT AUTO-RENEWAL OF YOUR SUBSCRIPTION, YOU MUST CANCEL YOUR SUBSCRIPTION THROUGH YOUR ACCOUNT DASHBOARD BEFORE THE BEGINNING OF YOUR NEXT MONTHLY BILLING PERIOD. YOU WILL BE BILLED IN FULL FOR THE MONTHLY BILLING PERIOD IN WHICH YOU CANCEL.
SECTION 15: TERMINATION
SCM’s policy is to investigate violations of these Terms and terminate repeat infringers. You agree that SCM may, under certain circumstances and without prior notice, immediately terminate your SCM account, any associated email address, and access to the Website and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at SCM’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with the Website and associated Services. Further, you agree that all terminations for cause shall be made in SCM’s sole discretion and that SCM shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to SCM set forth in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.
SECTION 16: DMCA & ABUSE REPORTS
SCM is a pass-through network and, at most, caches content for a limited period in order to improve network performance. SCM automatically removes content from our caches when it has been removed from our customer’s origin web server. SCM is not a hosting provider and has no way of removing abusive content on third party hosting services. Individuals or copyright holders concerned with content served through SCM’s network may submit a complaint for investigation to the address below.
SCM does not accept abuse complaints submitted over the telephone. If you would prefer not to use our complaint submission form, you may mail your complaint to:
Super Crypto Mining, Inc.
Attn: Legal Department
48430 Lakeview Blvd. Fremont, CA 94538
Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity.
By submitting a complaint, you acknowledge that, at SCM’s sole discretion, copies of the complaint may be provided to the SCM user, the user’s hosting provider, posted on the Website, and/or provided to third party services.
SECTION 17: MODIFICATIONS
SCM may modify the Agreements from time to time. Any and all changes to the Agreement will be posted on the Website. In addition, the Agreements will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us.
SECTION 18: LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because SCM has no control over such sites and resources, you acknowledge and agree that SCM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SCM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.
SECTION 19: PUBLICITY
SCM shall be permitted to identify you as a customer, to use your company’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the Website, and to otherwise refer to you in print or electronic form for marketing or reference purposes.
SECTION 20: NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
SECTION 21: WAIVER
The failure of SCM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
SECTION 22: SEVERABILITY OF TERMS
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
SECTION 23: NON-TRANSFERABILITY OF ACCOUNTS
You agree that your SCM account is non-transferable except with the written consent of SCM.
SECTION 24: TIME LIMITATIONS FOR CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one year after such claim or cause of action arose or be forever barred.
SECTION 25: APPLICABLE LAW
By visiting the Website, you agree that the laws of the United States and, specifically, those of the state of California and Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SCM or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in San Francisco County, California, U.S.A.
SECTION 26: ARBITRATION
In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding.
Any controversy or dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved as provided above shall be resolved by arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) and judgment upon the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The arbitration tribunal shall consist of a single arbitrator mutually agreed by the parties, or in the absence of such agreement within thirty (30) calendar days from the first referral of the dispute to the AAA, designated by the AAA. The place of arbitration shall be San Francisco, California, U.S.A., unless the parties shall have agreed to another location within fifteen (15) calendar days from the first referral of the dispute to the AAA. The arbitral award shall be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award.
The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.
SECTION 27: VERSIONS
The authoritative version of the Terms is available at: www.SuperMiner.com/terms. While translations of these terms may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of the Website, the SCM Service, and any SCM downloadable software.
SECTION 28: HEADINGS
The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.