Terms and Conditions
LAST UPDATED May 25, 2018
ItcoinBay.com is without any jurisdiction of any so-called governing body; we are a site of free people for free people, and we do not attach ourselves nor our members to any fiat currency, the monetary controls that are associated with them or the unlawful entities that issue them (that fiat currency and fractional-reserve-banking are deemed legal and are put into use, whether directly or indirectly, by most so-called governing bodies on the planet today is in and of itself a tremendous travesty and a clear indicator of the huge difference between legal and Lawful). This of course means that no credit cards, bank accounts or any other such sensitive and risky information is involved. This site and all who participate here agree to self-govern under the Common Law/Natural Law and therefore if one does no harm to another, nor to the property of another, no Law has been broken.
By reading and continuing to use our site, you (“you” “you’re” “your) agree to the following Site Rules and to all of our other policies:
You agree not to post, upload, display or share content that is considered inappropriate by “community standards” and we reserve the right to make this determination arbitrarily as we see fit. Such content will be removed immediately and such member’s account may be suspended or revoked without refund of the membership fee. We encourage free speech but reserve the right to remove any content at any time for any reason. We will generally employ a “three strikes and you’re out policy” but if a policy violation is flagrant enough this may be altered as seen fit by Itcoinbay.com.
We prohibit the sell or purchase of most regulated goods on our ‘platform’ and that means no alcohol or tobacco will be listed on our site. As far as firearms, all ‘laws’ will have to be complied with in order to ship a firearm so we do not have a problem with members buying or selling firearms via our site as our only role in the matter is introducing the Buyer and Seller to each other. We expect you to comply with all applicable laws and to carefully consider the audience for any content that you post. Repeated attempts at bypassing this rule will result in a ban from the site (three strikes—or less as previously stated—and you are out). We reserve the right to disapprove any auction as we see fit and this may occur with or without explanation from Itcoinbay.com.
This website is intended for use by people that are at least 18 years old. Please do not register with this site if you are not at least 18 years old. Any “person” who registers as a user or provides us with their personal information represents that they are 18 years of age or older. Itcoinbay.com at its sole discretion may at any time refuse the use of this site to any person or entity.
Please adhere to the “Golden Rule” at all times. Sellers, please be as accurate and descriptive as possible when listing an item. Try to place yourself in the buyer’s shoes when describing your item and providing photos. Itcoinbay.com is here to help people exchange their items for bitcoin and vice versa, we hope not to have to spend our time providing “other services.” If a winning bidder does not provide payment, this may result in immediate membership suspension or revocation without refund of the membership fee. We advise bidders to use caution and discretion when buying from a Seller that has few transactions and or when an item has a high bitcoin value.
Since this site uses bitcoin only and we do not ask for a credit card, etc., we have developed a unique system in an effort to protect us all, please see our BITREF page. Also, please make sure that you are in agreement with these and or all of our site policies before choosing to become a member and once a member please abide by these rules and please pay special attention to the following two paragraphs:
Once a Seller has made his or her BITREF payment, they will be allowed one auction at a time and a maximum beginning price of .1 BTC until becoming a Trusted Member. One can become a Trusted Member after having sold three or more auctions, and whether this requires three or more auctions will be determined at our discretion considering how smoothly the transactions were carried out. Shipping will play a significant role in every transaction. We recommend Sellers include the shipping fee in their price, but please state clearly whether or not this is the case. It is also very important that every item should be insured against damage in shipping. No Buyer should have to pay for an item that was received in a damaged state. In addition, package tracking is an integral part of the system we have developed so please make sure that all packages are trackable. ItcoinBay.com requires a tracking number as soon as a package is shipped.
Once an auction is sold we will direct the Buyer to send payment to us. Once we receive the payment from the Buyer, we will immediately send 10% of this payment, or .01 BTC, whichever is less, plus shipping fees if applicable, to the Seller. Upon receipt of this the Seller is to ship the item to the buyer and provide itcoinBay.com with tracking information. Upon receipt of the item, the Buyer will have three business days to let us know whether or not the item is acceptable. If we receive a positive response (meaning the item is acceptable), we will then immediately send the remaining balance, minus our 2.9% commission to the Seller and the matter will be considered by all parties to be closed. If we have not received a response from the Buyer after three business days, we will consider this the same as a positive response and will send the Seller the balance as explained previously and again the matter will be considered by all parties to be closed. If, on the other hand, we receive a negative response from the Buyer (meaning the item is unacceptable) before the end of the third business day, we will begin an investigation into the matter and do our best to resolve it as soon as possible. If we determine that the Seller did not adequately describe the condition of the item, or that it was damaged in shipping, we will ask the Seller to replace the item (if applicable) or send the payment back to us after having the inadequate or damaged item returned and we will return the Buyer’s bitcoin plus shipping if applicable (except in cases of item replacement, and all of the aforementioned applies for the replacement item as well). If an item is determined to have been damaged in shipping and the Seller did not insure the item, the Seller will be responsible for providing a replacement and or refund as requested by the Buyer. If there is a dispute and a resolution is unable to be reached between the parties and itcoinBay.com provides the refund to the Buyer without the cooperation of the Seller, this may result in a “strike” and or membership suspension or revocation against the party we determine to be at fault–see the second paragraph of these Site Rules.
ItcoinBay.com is not responsible for the fees that result from a Bitcoin transaction and so we reserve the right to deduct this amount from what we send to the Seller. In that case the initial payment to the Seller would be 10% of the sale price, or .01 BTC, whichever is less, plus shipping if applicable, minus the bitcoin fee (if we choose to deduct it). The final payment similarly would be the total sale price minus 10% (or .01 BTC), minus the bitcoin fee (if we choose to deduct it).
If you have any comments or feedback please send to our “contact” e-mail address. ItcoinBay.com is always open to suggestions and we welcome your comments. We may at some point institute a membership level, a higher level (larger BITREF payment) possibly allowing members to list multiple items and or more expensive items sooner. If this is of interest to you please contact us for more information.
We reserve the right at any time to:
- Change the terms and conditions of the ToU;
- Change all or any portion of itcoinBay.com, including eliminating or discontinuing any content or feature of the site; or
- Change other conditions concerning the use of itcoinBay.com including fees (with reasonable notice) at our sole discretion.
Any changes we make to the ToU will be effective immediately after we post the modified ToU on Itcoinbay.com.
All of the information and other content displayed on, transmitted through, or used in connection with itcoinBay.com, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, the selection and arrangement of the aforementioned and the “look and feel” of itcoinBay.com (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of Itcoinbay.com, and or its affiliated companies, licensors and suppliers. Itcoinbay actively protects its Content to the fullest extent of the law.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. You may not, for example, republish the Content on any Internet, Intranet or Extranet site, or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by Itcoinbay. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content, except as permitted by the ToU or by securing the prior written consent of Itcoinbay.
The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by itcoinBay, and Marks owned by other information providers and third parties. Requests to use the Content for any purpose other than as permitted in the ToU should be submitted to email@example.com.
Itcoinbay respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact us at firstname.lastname@example.org and provide the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
- Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranty and Limitation of Liability
The information, products and services on itcoinBay.com are provided on a strictly “as is,” “where is” and “where available” basis. Itcoinbay does not provide any warranties (either express or implied) with respect to the information provided on our site and/or your use of any of the site generally or for any particular purpose. ItcoinBay expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. ItcoinBay will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via Itcoinbay.com. Although the information provided to you on this website is obtained or compiled from sources we believe to be reliable, itcoinBay cannot and does not guarantee the accuracy, validity, timeliness, or completeness of any information or data made available to you for any particular purpose. Neither Itcoinbay, nor any of its affiliates, directors, officers or partners, nor any third party providers of content, software and/or technology (collectively, the “itcoinBay parties”), will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of our site, or resulting from the act or omission of any other party involved in constructing itcoinBay.com, the data contained therein or the products or services offered thereby available to you, or from any other cause relating to your access to, inability to access, or use of itcoinBay.com or the materials contained therein, whether or not the circumstances giving rise to such cause may have been within the control of Itcoinbay or of any vendor providing software or services.
In no event will itcoinBay or any of the itcoinBay parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Itcoinbay or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. ItcoinBay cannot and does not guarantee continuous, uninterrupted or secure access to itcoinbay.com.
All writers’ opinions are their own and do not constitute financial advice in any way whatsoever. Nothing published at Itcoinbay.com constitutes an investment recommendation, nor should any data or Content published by Itcoinbay.com be relied upon for any investment activities.
ItcoinBay strongly recommends that you perform your own independent research and/or speak with a qualified investment professional before making any financial decisions.
Neither this website nor any of its contents shall constitute a recommendation, solicitation or offer to buy or sell any securities, assets or other financial instruments or provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular User’s investment requirements or financial situation.
The information and services provided on the Site are not provided to, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any “governmental authority.”
You acknowledge that you are not relying on the Itcoinbay or any of its affiliates or consultants in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. Itcoinbay does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other members. You agree that Itcoinbay and its affiliates or consultants will not be liable for any loss or damages of any sort incurred because of any interactions between you and other Itcoinbay.com members.
Virtual currency such as Bitcoin is not legal tender, and is not backed by the “government.” Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange and value of Bitcoin. Transactions in virtual currency such as Bitcoin are irreversible, and accidental transactions may not be recoverable. The volatility and unpredictability of the price of virtual currency relative to the fiat currency may result in significant loss (or gain) over a short period. Any technological difficulties experienced by the itcoinBay.com system may prevent the ability to send or receive bitcoin, please use caution.
Links to other sites
Certain links, including hypertext links, in our site will take you to external websites. These are provided for your convenience and inclusion of any link does not imply endorsement or approval by itcoinBay.com of the linked site, its operator or its content. Each of those websites has their own “Terms and Conditions.” We are not responsible for the content of any website other than itcoinBay.com. We do not monitor and assume no duty to monitor the content of any such third-party websites.
CHOICE OF LAW
The ToU and the agreement formed hereby (“Agreement”) shall be governed by, and construed and enforced in accordance with the laws of Texas, one of the several states of the union (The United States of America), without regard to conflicts of law provisions. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by such arbitration body as required by law, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator on Dallas, Texas. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. If for any reason any provision of this Agreement, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between us and you with respect to itcoinBay.com and it supersedes all prior or contemporaneous communications, agreements and understandings between us and you with respect to the subject matter hereof. A printed version of this Agreement shall be admissible in viable court of Law.
Help us help you
“If you see something, say something.” Just kidding…but really, if you see something on itcoinBay.com that you believe violates our terms, please report it to us. We review things you report to make sure itcoinBay.com remains safe.
If any local or federal “government” agencies request that we intervene to remove content, we may comply. This occurs after our own legal review and only if we agree after our own examination. If the content in question is determined to be unlawful, we shall place location restrictions to the relevant country or territory wishing to ban itcoinBay.com content as necessary.
The materials appearing on the Site may sometimes include technical, typographical, or photographic errors. ItcoinBay.com does not guarantee that any of the materials on its website are accurate, complete or current. If you see something on itcoinBay.com that you believe to be erroneous, please report it to us and we will correct it right away if it is indeed found to be untrue.