Last updated: January 23, 2013.
Coinbase Community User Agreement
This Coinbase Community User Agreement (“CCUA”) is a contract between you (“you,” “your,” or “user”) and Coinbase, Inc., a Delaware Corporation (“Coinbase,” “we,” “us,” or “our”) and applies to your use of the https://community.coinbase.com website and related services (the “Coinbase Community”). Coinbase operates the Coinbase Community as a service to our users. Please carefully review the following basic rules that govern your use of the Coinbase Community. Your use of the Coinbase Community constitutes your unconditional agreement to follow and be bound by this CCUA, and if you do not agree to this CCUA, you may not use, access, provide any materials to, or download any materials from, the Coinbase Community.
1. Access and Use of the Coinbase Community
You may only participate in the Coinbase Community by first registering for a “Coinbase Community Account,” and you may register for a Coinbase Community Account upon successful registration for a standard Coinbase Account. A standard “Coinbase Account” is an account which is created and maintained in accordance with the Coinbase Account user agreement, which may be accessed here. If you do not have a Coinbase Community Account, but you access the Coinbase Community, for purposes of this agreement you will be a “Community Observer.” As a Community Observer, you may view and access the material in the Coinbase Community, but you may not share any Content (as defined herein), and certain other pages or features of the Coinbase Community may not be available to you. Unless otherwise specified herein, all references to “you,” “your,” or “user” shall include both Coinbase Community Account holders and Community Observers.
If you create a Coinbase Community Account, you are responsible for maintaining the security of your account, and you are solely responsible for all activities that occur under your Coinbase Community Account. You must immediately notify the administrators of the Coinbase Community if you detect any unauthorized uses of your account or any other suspected breaches of security. Coinbase will not be liable for any acts or omissions by you, or any resulting damages of any kind, incurred as a result of such acts or omissions by you.
Nothing in the Coinbase Community, including without limitation, anything expressed by Coinbase, its affiliates, agents, employees, or representatives, shall be construed as amending or altering the contract or relationship between you and Coinbase with respect to your standard Coinbase Account. Your rights and obligations with respect to your standard Coinbase Account, available here, shall in no way be modified by your Coinbase Community Account or your use of the Coinbase Community, and you understand that you remain bound to all the terms of the User Agreement associated with your standard Coinbase Account, including without limitation, all limitations of warranty. For the avoidance of doubt, termination of your Coinbase Community Account shall not constitute termination of your standard Coinbase Account, however termination of your Coinbase Account will result in Termination of your Coinbase Community Account.
2. Using the Coinbase Community
Coinbase grants you the right to access the Coinbase Community in the manner described in this CCUA. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Coinbase Community Content, except as permitted by the doctrine of fair use or as authorized in writing by us.
If you post material or links to the the Coinbase Community, or otherwise make material available (or allow any third party to make available via your Coinbase Community Account) by means of the Coinbase Community (any such material, "Content"), you are entirely responsible for the contents thereof, including any harm resulting from such Content. You are responsible for such Content without regard to whether the Content constitutes text, graphics, links, an audio file, computer software, or any other material. By making Content available, you represent and warrant that:
- the downloading, copying, and use of the Content will not infringe the proprietary rights of any third party, including but not limited to the copyright, patent, trademark, or trade secret rights of any such third party
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses, or otherwise harmful or destructive material;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- the Content does not communicate any unlawful, harmful, offensive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, or otherwise objectionable messages.
- the Content is not getting advertised via electronic messages such as spam links on newsgroups, email lists, blogs, websites, or similar unsolicited promotional methods;
- the Content does not contain material or constitute anything that could be construed as illegal;
- the Content is not presented in a manner that misleads your readers into thinking that you are a different person or entity; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Coinbase or otherwise.
Coinbase has not reviewed all of the material posted to the Coinbase Community, and we are not responsible for the material’s content, use, or effects. By operating the Coinbase Community, Coinbase does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Coinbase may contain or remove content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Coinbase Community may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated, or unstated. Coinbase disclaims any responsibility for any harm resulting from the use by visitors of the Coinbase Community Site, or from any content shared or downloaded by those visitors of posted Content.
3. User Content License
By submitting your Content to the Coinbase Community, you grant Coinbase a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so. You agree that you have the right to submit any Content you post or submit, and that your Content does not violate the copyright, trademark, trade secret, or any other personal or proprietary right of any other party. Without limiting the foregoing, in its sole discretion and for any reason whatsoever, Coinbase has the absolute right (though not the obligation) to (i) refuse or remove any Content; (ii) deny access to and use of the Coinbase Community to any user; or (iii) terminate any Coinbase Community Account.
4. Content Posted on or from Other Websites
We have not reviewed all of the material made available through the websites and webpages to which the Coinbase Community links, and which link to the Coinbase Community. Coinbase does not have any control over those non Coinbase Community websites and webpages, and Coinbase is not responsible for their contents or their use. By linking to a non Coinbase Community website or webpage, Coinbase does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Coinbase disclaims any responsibility for any harm resulting from your use of non Coinbase Community websites and webpages.
5. Intellectual Property Rights and DMCA Policy
As Coinbase asks the users of the Coinbase Community to respect Coinbase’s intellectual property rights, we also respects the intellectual property rights you and of others. If you believe that material located on or linked to by the Coinbase Community violates a copyright or a trademark, you are encouraged to notify the Coinbase Community administrators by contacting Coinbase Support at https://support.coinbase.com. Your notification should be submitted in a properly formatted request pursuant to the Digital Millennium Copyright Act (“DMCA”), and Coinbase will respond to all legitimate requests submitted in accordance with the DMCA. As Coinbase deems required or appropriate, we retain the right to remove user content on the Coinbase Community that we deem to be infringing the copyright or trademark rights of others. Coinbase retains the right to terminate a user’s access to and use of the Coinbase Community if the user is determined to be an infringer of the copyrights or other intellectual property rights of Coinbase Community users or others.
6. Intellectual Property
This CCUA does not transfer any intellectual property, or rights therein, to you, whether from the Coinbase Community, Coinbase, or any other third party. All right, title, and interest in and to such property will remain (as between the parties) solely with Coinbase. The Coinbase Community, Coinbase, all assocated Coinbase logos, and all other trademarks, service marks, graphics, and logos used in connection with the Coinbase Community are trademarks or registered trademarks of Coinbase. Other trademarks, service marks, graphics, and logos used in connection with the Coinbase Community may be the trademarks of other third parties. Your use of the Coinbase Community grants you no right or license to reproduce or otherwise use any Coinbase, Coinbase Community, or third-party trademarks.
Coinbase reserves the right to display attribution logos, trademarks, and links, including, without limitation, a “Back to Coinbase.com” hyperlink, the Coinbase logo, the Coinbase Community logo, links to Coinbase Support, Coinbase Blog, Coinbase Twitter, or Coinbase Facebook, or font attribution in the footer, toolbars, or otherwise on pages associated with your Content. Footer credits, links, fonts, toolbars, or other similar content are controlled by Coinbase and may not be removed or altered by you.
8. Changes to the CCUA
Coinbase may, from time to time, amend, modify, or replace any part of this CCUA by posting on the Coinbase Community Site or emailing to you the revised CCUA, and the revised CCUA shall be effective at such time. It is your responsibility to check this CCUA periodically for changes, and therefore we encourage you to do so often. Your continued use of or access to the Coinbase Community, following the posting of any changes to this CCUA, shall constitute your acceptance of any posted changes. Coinbase may also, in the future, offer new services and/or features through the Coinbase Community (including, the release of new tools and resources). Such new features or services shall be subject to the terms and conditions of this CCUA.
Coinbase may suspend, restrict, or terminate your access to all or any part of the Coinbase Community at any time, with or without cause, and with or without notice. If you wish to terminate this CCUA or your Coinbase Community Account, you may simply discontinue using the Coinbase Community. All provisions of this CCUA which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, licensing provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Disclaimer of Warranties
The Coinbase Community is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, Coinbase and its affiliates, suppliers, and licensors hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee, or representation, whether oral or electronic. Neither Coinbase nor its affiliates, suppliers, or licensors, make any warranty that the Coinbase Community will be error free or that access thereto will be continuous or uninterrupted. You understand that if you download from, or otherwise obtain content or services through, the Coinbase Community, you do so at your own discretion and risk, and you are solely responsible for any damage to your computer or mobile device, loss of use, or loss of any of your associated content. Coinbase does not guarantee that the Coinbase Community will always work properly.
11. Limitation of Liability
In no event will Coinbase, its affiliates, suppliers, or licensors, be liable with respect to any subject matter of this agreement under any legal theory of contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Coinbase shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to defend, indemnify, and hold harmless Coinbase, its agents, vendors, or suppliers, and their respective directors, officers, employees, and agents from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Coinbase Community. The foregoing shall include, without limitation, your violation of this CCUA, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
13. General Representation and Warranty
This CCUA constitutes the entire agreement between Coinbase and you concerning the Coinbase Community, and the terms may only be modified by a written amendment signed by an authorized executive of Coinbase, or by the posting by Coinbase of a revised version. To the maximum extent permitted permitted by law, this CCUA and any access to or use of the Coinbase Community will be governed by the laws of the state of California, U.S.A., without respect to any conflict of law provisions.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), you agree that any disputes between you and Coinbase will be resolved by binding, individual arbitration, in accordance with the American Arbitration Association’s rules for Arbitration, and you hereby expressly waive trial by jury and your right to participate in a class action lawsuit or class-wide arbitration. The Arbitration shall take place in San Francisco, California, in the English Language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this CCUA shall be entitled to costs and reasonable attorneys’ fees.
If any part of this CCUA is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver or breach by either party of any term or condition of this CCUA, shall not constitute a waiver of such term or condition or any subsequent breach thereof. You may not assign your rights under this CCUA to any party; Coinbase may assign its rights under this CCUA without condition. This CCUA will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.