Date of the last revision: September 4, 2016.
Eligibility: InstaKiosks's services are offered and available to users who are 18 years of age or older (or the applicable age of majority and contractual capacity). You may also be eligible to use the InstaKiosks’s Services if you are at least 13 years old, but only if your parents provide express written consent. Parental consent for use of the InstaKiosks’s Services by an individual who is at least 13 years old must be forwarded to support@InstaKiosks.co. If you are registering to use InstaKiosks’s Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf. By using InstaKiosks's services, you further represent and warrant that you (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using InstaKiosks's services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the Commerce Department’s Denied Persons List; and (g) will not use InstaKiosks's services if any applicable laws in your country prohibit you from doing so in accordance with these Term and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use InstaKiosks's services.
Allowed jurisdiction: Services provided by InstaKiosks LLC might not be legally allowed in certain jurisdictions. By accepting these terms and services you confirm that you are not resident of a such jurisdiction, including but not limited to State of New York.
How To Contact Us: This service is owned and operated by InstaKiosks LLC. You can contact us at any time. Please send us any questions, requests or general correspondence by contacting our support.
Your Registration: To access this service or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this site that all the details you provide will be correct, current, and complete. If we at InstaKiosks believe the details are not correct, current, or complete, we have the right to refuse you access to the service, or any of its resources, and to terminate or suspend your account.
Trademarks and Copyrights: This site and all materials incorporated by InstaKiosks are protected by copyrights, or other proprietary copyrights. Some of the logos or other images incorporated on this site are also protected.
Trading risks: You acknowledge and agree that you shall access and use InstaKiosks's services at your own risk. The risk of loss in trading bitcoins and any other digital assets that may be purchased, sold or traded via InstaKiosks's services can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.
ALL OF THE POINTS NOTED ABOVE APPLY TO ALL BITCOIN TRADING. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE TRADES.
Internet transmission risks: You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that InstaKiosks shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the InstaKiosks's services, howsoever caused.
Security: Any passwords used for this site and InstaKiosks’s services are for individual use only. You shall be responsible for the security of your password (if any). InstaKiosks shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that InstaKiosks considers insecure, InstaKiosks will be entitled to require this to be changed and/or terminate your account.
Service: InstaKiosks reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services, with or without notice, and/or to establish general guidelines and limitations on their use.
Transactions with InstaKiosks: When buying or selling bitcoin through InstaKiosks's services, you are buying from, or selling to, InstaKiosks directly. In this capacity, InstaKiosks does not act as an intermediary or marketplace between other buyers and sellers of bitcoin. The InstaKiosks's services are subject to the InstaKiosks "Conversion Rate." "Conversion Rate" means the liquidity-adjusted price of a given bitcoin amount in terms of local currency as quoted on the InstaKiosks Site. The Conversion Rate is stated either as a "Buy Price," the price in terms of local currency at which you purchase bitcoin from InstaKiosks or as a "Sell Price," the price in terms of local currency at which you sell bitcoin to InstaKiosks . For the purpose of any transaction which incorporates the Conversion Rate, you agree, as a condition of using any InstaKiosks's services, to accept the Conversion Rate as the sole conversion metric.
You agree to deliver payment for any bitcoin purchase made through the InstaKiosks's services upon confirmation of an order, regardless of changes in the applicable Buy Price Conversion Rate prior to completion of the purchase transaction, with such payment to be made in good funds in the amount calculated in the manner specified herein.
Kiosks Order Completion: (a) Purchase Order Completion. To complete your purchase of virtual currency from InstaKiosks Kiosks you must insert cash into the Kiosk to pay InstaKiosks, whereupon InstaKiosks will send the amount of virtual currency calculated by the exchange rate to the virtual currency wallet address you provide within a reasonable timeframe; however, we cannot guarantee that the virtual currency will be transmitted to your address within any specific timeframe. (b) Sale Order Completion. To complete your sale of virtual currency to InstaKiosks, the following must occur: The kiosk will disburse cash in the amount of U.S. dollars specified in the Offer Terms when send the required Bitcoin to the InstaKiosks QR code displayed at the Kiosk. If you do not fulfill all requirements as outlined in the applicable Offer Terms, InstaKiosks will not be bound by such Offer Terms and the original Order will be cancelled. For instance, your Order will be cancelled if the timeframe provided in the Offer Terms expires before you fulfill the steps. If you send an incorrect amount of virtual currency to the Payment Address, this constitutes a new offer to InstaKiosks, superseding the existing Offer Terms; and InstaKiosks in its sole discretion may either cancel the order and return all the virtual currency that you sent in the form of a paper wallet or back to the original address you sent the bitcoin from, net of any network or transaction fees, or accept your new offer as follows: (i) if you send more virtual currency to the Payment Address than specified in the Offer Terms, InstaKiosks will honor the Offer Terms and disburse the excess amount of virtual currency to the address from which you originally sent the bitcoin from, net of any network or transaction fees; or (ii) if you send less virtual currency to the Payment Address than specified in the Offer Terms, InstaKiosks will round down your offer as necessary to the closest entry in the then-current Rate Table and disburse the excess amount of virtual currency to the address from which you originally sent the bitcoin from, net of any network or transaction fees. If your sales Order is cancelled for any reason and you have submitted virtual currency to InstaKiosks, your virtual currency will be returned (net of any network and transaction fees) to the address from which you originally sent the bitcoin from; however, we cannot guarantee that the virtual currency will be transmitted to your address within any specific timeframe. If your purchase Order is cancelled and you have inserted U.S. dollars into the Kiosk, your U.S. dollars will be returned, however you must contact support via email at firstname.lastname@example.org immediately. You are responsible for remaining physically present at the Kiosk to receive any cash, receipts, or paper wallets, or to input any required information. InstaKiosks is not responsible for your failure to receive any U.S. dollars or virtual currency returned or disbursed in accordance with these terms.
Transaction Limits: InstaKiosks reserves the right to change the buy/sell, transfer, trading, storage and velocity limits on your account at our sole discretion. We may require you to provide us with information about yourself and/or your Bitcoin Transactions if your transactions exceed certain government reporting thresholds, such as thresholds regarding financial record-keeping and tax reporting.
InstaKiosks imposes limits on the number of bitcoin that you may buy, sell, or trade in a given day. InstaKiosks reserves the right to change the limits imposed as we deem necessary or appropriate from time to time, and InstaKiosks posts the limits which apply to you in your account’s Limits page. InstaKiosks does not guarantee the availability of its InstaKiosks's services, and the act of purchasing bitcoin from InstaKiosks does not result in a guarantee that you may sell your bitcoin to InstaKiosks . If you wish to raise your limits beyond the posted amounts, you may submit a request to us to raise your limit. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with InstaKiosks staff (such process, "Enhanced Due Diligence"). InstaKiosks reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed the Enhanced Due Diligence procedures.
InstaKiosks reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of bitcoin in its sole discretion, even after funds have been debited from your account(s), including but not limited to instances where InstaKiosks suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if InstaKiosks suspects the transaction relates to Prohibited Use as set forth below. In such instances, InstaKiosks will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
Refunds & Reversals: InstaKiosks processes Bitcoin Transactions according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to InstaKiosks as the relevant Bitcoin Transaction may not be cancelled or reversed once initiated.
InstaKiosks is not responsible for merchant refund policies. Certain merchants may wish to process a refund to you via a separate Bitcoin Transaction having a value equal to the transaction amount being refunded, as expressed in local currency (e.g., U.S. dollars), based on the then current Conversion Rate. As a result, you may receive less (or more) bitcoin via a refund than you initially used to pay the Merchant.
Purchase Restrictions: We may, at our discretion, impose limits on the amount of money you can buy, sell or send through the InstaKiosks Services, including money you send for purchases. You can view your spending limit by logging into your Account. InstaKiosks reserves the right to unilaterally amend existing restrictions or implement new restrictions without notice at any time.
Timing of Delivery: The digital currency that you purchase will be delivered to the address that you provide. InstaKiosks will do its best to deliver your currency within minutes, but in the event of an unforeseen problem, please allow up to 24 hours. The USD cash that you sell your bitcoin for will be dispensed from the location kiosk or agent. InstaKiosks will do its best to deliver your currency within minutes, but in the event of an unforeseen problem, please contact customer service immediately via email at email@example.com
Account Suspension, Termination & Cancellation:
We may, in our sole and absolute discretion, without liability to you or any third party, suspend, restrict or terminate your account or your use of one or more of the InstaKiosks's services if:
We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
We reasonably suspect you of using your InstaKiosks account in connection with Prohibited Use; or
Use of your InstaKiosks account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
Our service partners are unable to support your use; or
You take any action that InstaKiosks deems as circumventing InstaKiosks’s controls, including,but not limited to, opening multiple InstaKiosks accounts or abusing promotions which InstaKiosks may offer from time to time.
If you have a balance remaining in an account which has been suspended or closed, you will be able to access such funds and withdraw them to an external bitcoin address (for bitcoin) or withdraw them to a linked bank account (for fiat currency), unless prohibited by law or a court order. We reserve the right to require you to provide further identifying information before processing such withdrawal or transfer and to delay such withdrawal or transfer to investigate if we believe fraudulent activity has occurred. If you are unable to login to your account, you will need to contact us at firstname.lastname@example.org to process such withdrawal.
You may cancel your InstaKiosks account at any time by closing your account and discontinuing use of the InstaKiosks's services. Upon cancellation of your account, you remain liable for all transactions made while the account was open. You will not be charged for canceling your InstaKiosks account and will only be required to pay for those InstaKiosks's services used that are subject to charges. If any transaction is in a pending state at the time your InstaKiosks account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your InstaKiosks account to evade an investigation or avoid paying any amounts otherwise due to InstaKiosks. Upon cancellation of your InstaKiosks account, you authorize InstaKiosks to cancel or suspend pending Conversion Service transactions and hold the funds associated with such transactions until InstaKiosks is certain that funding reversal windows are complete. In the event that you or InstaKiosks terminates your access to the InstaKiosks's services, or deactivates or cancels your InstaKiosks account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, InstaKiosks may temporarily suspend access to your InstaKiosks account until the problem is resolved.
If you use InstaKiosks's services to commit a crime, we can close your account. If your account is closed, we may require you to complete additional identity verification and fraud prevention steps in order to access funds in that closed account.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To violate or assist any party in violating any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections). To pay for, support or otherwise engage in any illegal gambling activities; fraud; money laundering; or terrorist activities; or other illegal activities.
To partake in a transaction which involves the proceeds of any unlawful activity;
To intentionally try to defraud (or assist in the defrauding of) InstaKiosks or other InstaKiosks users.
To circumvent any content filtering techniques we employ, or attempt to access any service or area of InstaKiosks's services that you are not authorized to access, including unauthorized access to other InstaKiosks accounts, the Website or any related InstaKiosks networks or systems.
To attempt to gain unauthorized access to the Website, other InstaKiosks accounts, computer systems or networks connected to the Website, through password mining or any other means. To harvest or otherwise collect information from the Website about others, including without limitation email addresses, without proper consent.
In any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying InstaKiosks's services, or that could damage, disable, overburden or impair the functioning of InstaKiosks's services in any manner.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. To impersonate or attempt to impersonate InstaKiosks , a InstaKiosks employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website and InstaKiosks's services, or which, as determined by us, may harm InstaKiosks or users of the Website or InstaKiosks's services or expose them to liability.
To develop any third-party applications that interact with InstaKiosks's services without our prior written consent;
To provide false, inaccurate, or misleading information.
To act on behalf of any third party or otherwise act as an intermediary between InstaKiosks and any third parties or otherwise resell any of the InstaKiosks's services, unless expressly authorized by InstaKiosks in writing.
To encourage or induce any third party to engage in any of the activities prohibited under this Section.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or InstaKiosks's services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
Otherwise attempt to interfere with the proper working of the Website.
Prohibited Payments: Using InstaKiosks's services to make the following types of payments is prohibited, and InstaKiosks reserves the right to monitor for payments that relate to:
any Restricted Persons or persons or entities located in Restricted Territories;
weapons of any kind, including but not limited to firearms, ammunition, knives, or related accessories;
controlled substances including but not limited to narcotics, prescription drugs, steroids, or related paraphernalia or accessories; gambling activities including but not limited to sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing;
We understand that gambling may be legal in your jurisdiction, but unfortunately we cannot allow you to use InstaKiosks in connection with these activities.
money-laundering or terrorist financing;
any sort of ponzi scheme, pyramid scheme, or multi-level marketing program;
goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
debt settlement, refinance, or credit repair services; court ordered payments, structured settlements, tax payments, or tax settlements; the sale of money orders or cashier’s checks or any unlicensed money transmitter activity; Due to regulatory restrictions, we cannot allow you to use InstaKiosks as a source of liquidity to sell bitcoins to third parties or as a method of withdrawing the profits of third party bitcoin sales to your bank account;
lottery contracts, layaway systems, or annuities; counterfeit goods, including but not limited to fake or “novelty” IDs; or any other matters which we communicate to you that are unacceptable from time to time and which, for example, may be restricted by our and your bank or payment partners.
In the event that InstaKiosks learns that you are making any such prohibited payments, InstaKiosks may suspend or terminate your InstaKiosks account.
Prohibited Businesses: The following categories of businesses, business practices, and sale items are barred from InstaKiosks's services ("Prohibited Businesses"). By opening a InstaKiosks account, you confirm that you will not use InstaKiosks's services to accept payments in connection with the following businesses, activities, practices, or items:
Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler's checks, and escrow services. Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party. Stolen goods. Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs. Gambling, except where permitted by InstaKiosks. Sports forecasting or odds making. Prostitution or illegal escort services. Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same. Funding any of the items included on this Prohibited Businesses list. Extortion, blackmail, or efforts to induce unearned payments. Unlicensed sale of firearms and certain weapons. Engaging in deceptive marketing practices. Any business that violates any law, statute, ordinance or regulation.
Monitoring and Enforcement; Termination.
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and InstaKiosks's services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through The Website or InstaKiosks's services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Taxes: It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. InstaKiosks will make any tax withholdings or filings that we are required by law to make, but InstaKiosks is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
Disclaimer of Warranties: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR InstaKiosks'S SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability:
InstaKiosks does not accept any liability for any loss or damage, direct or indirect, resulting from any use of, or inability to use, InstaKiosks or the material, information, software, facilities, services or other content on InstaKiosks, regardless of the basis upon which liability is claimed and even if InstaKiosks has been advised of the possibility of such loss or damage. Without limitation, you (and not InstaKiosks) assume the entire cost of all necessary servicing, repair or correction or correction in the event of any such loss or damage arising.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
We will not be liable for “exemplary damages” (often called punitive damages) or other indirect losses. So if we do something wrong that costs you $100, our liability is limited to that $100.
No Warranty: InstaKiosks'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. InstaKiosks SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. InstaKiosks DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF InstaKiosks'S SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE. OPERATION OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE BITCOIN MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF BITCOIN AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF BITCOIN, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF BITCOIN CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING BITCOIN, EVEN IF InstaKiosks'S SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, InstaKiosks MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF InstaKiosks'S SERVICES OR ANY MATERIALS CONTAINED THEREIN. InstaKiosks WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS AND CREDITS INVOLVING BANK ACCOUNTS, CREDIT CARDS, AND CHECK ISSUANCES ARE PROCESSED IN A TIMELY MANNER BUT InstaKiosks MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE InstaKiosks'S SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM OR THE U.S. OR INTERNATIONAL MAIL SERVICE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.