Mt.Gox Legal Terms of Service
Effective December 1, 2020. Last revised October 28, 2020.
This Mt.Gox Legal (“MGL”, “MtGoxLegal”, “we” or “us”) User Agreement (“Terms”) applies to your access to and use of the MtGoxLegal.com website and subdomains (the “Website”). Please note that these Terms of Service only applies to the Website, and not to websites, applications, operating systems, or other platforms of third parties (collectively, “Third-Party Platforms”), even if such Third-Party Platforms are linked to or accessible from the Website.
By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Website.
Conditions for Use of our Website
Your permission to use our Website is subject to the following conditions:
- You must be at least sixteen years old.
- You must be a valid Mt. Gox creditor related to the case referenced by "Tokyo District Court 2017 (sai) No. 35”, or a person invited by MGL.
- You may no longer use our Website if MGL contacts you directly to say that you may not.
- You must use our Website in accordance with Acceptable Use and Content Standards.
- You may not break the law using the Website.
- You may not use or try to use another’s account on the Website.
- You may not buy, sell, or otherwise trade in user names or other unique identifiers on the Website.
- You may not send advertisements, chain letters, or other solicitations through the Website, or use the Website to gather addresses or other personal data for commercial mailing lists or databases.
- You may not automate access to the Website, or automate monitoring of the Website, such as with a web crawler, web scraping browser plug-in or add-on, or other computer program that is not a web browser.
- You may not falsely imply that you’re affiliated with or endorsed by MGL.
- You may not hyperlink to images or other non-hypertext content on the Website on other webpages.
- You may not remove any marks showing proprietary ownership from materials you download from the Website.
- You may not show any part of the Website on other websites.
- You may not disable, avoid, or circumvent any security or access restrictions of the Website.
- You may not strain infrastructure of the Website with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the Website.
- You may not impersonate others through the Website.
- You may not encourage or help anyone in violation of these terms.
- You may not submit content to the Website that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive.
- You may not submit content to the Website that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.
- You may not submit content to the Website containing malicious computer code, such as computer viruses or spyware.
- You may not submit content to the Website as a mere placeholder, to hold a particular address, user name, or other unique identifier.
- You may not use the Website to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.
MGL may investigate and prosecute violations of these terms to the fullest legal extent. MGL may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.
MGL reserves the right to change, redact, and delete content on the Website for any reason. If you believe someone has submitted content to the Website in violation of these terms, contact us immediately.
You must create and log into an account to use some features of the Website.
To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a username and valid email address, and to keep that email address up-to-date. You may close your account at any time by emailing [email protected].
You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify MGL that your account has been compromised. You agree to notify MGL immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and keep it secret.
MGL may restrict, suspend, or close your account on the Website according to its policy for handling copyright-related takedown requests, or if MGL reasonably believes that you’ve broken any rule in these terms.
Nothing in these terms gives MGL any ownership rights in intellectual property that you share with the Website, such as your account information, posts, or other content you submit to the Website. Nothing in these terms gives you any ownership rights in MGL’s intellectual property, either.
Between you and MGL, you remain solely responsible for content you submit to the Website. You agree not to wrongly imply that content you submit to the Website is sponsored or approved by MGL. These terms do not obligate MGL to store, maintain, or provide copies of content you submit, and permit MGL to change it, according to these terms.
Content you submit to the Website belongs to you, and you decide what permission to give others for it. But at a minimum, you license MGL to provide content that you submit to the Website to other users of the Website. That special license allows MGL to copy, publish, and analyze content you submit to the Website.
When content you submit is removed from the Website, whether by you or by MGL, MGL’s special license ends when the last copy disappears from MGL’s backups, caches, and other systems. Other licenses you apply to content you submit, such as Creative Commons licenses, may continue after your content is removed. Those licenses may give others, or MGL itself, the right to share your content through the Website again.
Others who receive content you submit to the Website may violate the terms on which you license your content. You agree that MGL will not be liable to you for those violations or their consequences.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “MGL Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (i) your use of the Website, (ii) your violation of these Terms, (iii) your violation of applicable laws or regulations, or (iv) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MGL ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. MGL DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE MGL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR WEBSITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limits on Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE MGL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE MGL ENTITIES EXCEED THE GREATER OF ONE U.S. DOLLAR ($1.00). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE MGL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Either you or MGL may end the agreement written out in these terms at any time. When our agreement ends, your permission to use the Website also ends. In the event that our agreement ends, MGL is not obligated to return contributions or donations given by you to MGL, if applicable.
The following provisions survive the end of our agreement: Your Content, Your Responsibility, Disclaimers, Limits on Liability, and Miscellaneous.
Any claims arising out of or relating to these Terms or the Website will be governed by the laws of Stockholm, Sweden, without regard to its conflict of laws rules.
If a provision of these terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.
You may not assign your agreement with MGL. MGL may assign your agreement to any affiliate of MGL, any other company that obtains control of MGL, or any other company that buys assets of MGL related to the Website. Any attempted assignment against these terms has no legal effect.
Neither the exercise of any right under this Agreement, nor waiver of any breach of this Agreement, waives any other breach of this Agreement.
These terms embody all the terms of agreement between you and MGL about use of the Website. These terms entirely replace any other agreements about your use of the Website, written or not.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Website. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
You may notify MGL under these terms, and send questions to MGL, at [email protected].
MGL may notify you under these terms using the email address you provide for your account on the forum, or by posting a message to the homepage of the Website, or via account direct message.
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing notice through our Website. By continuing to access or use the Website on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.