Terms

AMERICAN DIAMOND MINT TERMS OF USE

  1. Terms

    These Terms of Use (“Terms”) govern the use of the VULT.com website (the “Site”) of American Diamond Mint, LLC and American Diamond Mint Limited (together, “we,” “us,” “ADM” or “American Diamond Mint”), any associated ADM websites and all services described therein. If you do not agree to any of the terms set forth in these Terms, or any subsequent modification to these Terms, you may not access or use any of the ADM Services. We may modify these Terms at any time, and such modification shall be effective immediately upon posting on the Site.  Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms and to be legally bound by the Terms.Eligible to use the ADM Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity). By accessing or using the ADM Services you represent and warrant that you meet this age requirement.

  2. Services

    We will provide users of the Site certain services identified from time to time on the Site (“ADM Services”).  The ADM Services will be available to you with us as more fully described below.

    1. Using VULT Authentication

      There are no restrictions to the use of ADM authentication services. The authentication of a VULT is solely for the benefit of the owner. Any buyer disputing the authenticity of a VULT must notify ADM in writing within (1) month of receiving any information that causes the buyer to question the authenticity of the VULT. ADM will not be bound by any reports or other findings produced and reserves the right to seek additional expert advice at its own expense.

    2. Taxes

      It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your purchase, sale or transfer of a VULT, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is not available through ADM.

  3. General Use, Prohibited Use and Termination

    1. Prohibited Businesses and Prohibited Uses 

      In connection with your use of the ADM Services, and your interactions with other users and third parties, you agree and represent you will not engage in any Prohibited Business or Prohibited Use (each as defined below). We reserve the right at all times to monitor, review, retain and/or disclose any information you provide as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend access immediately and without notice if we determine, in our sole discretion activity is associated with Prohibited Use and/or a Prohibited Business.The following categories of businesses, activities, business practices and items (each a “Prohibited Business”) are barred from the Site and the ADM Services. By accessing the Site, using the ADM Services, you confirm that you will not use the Site ADM facilities to accept or send payments in connection with the following businesses, activities, business practices or items:

      1. Operating as an unlicensed money transmitter, money service, payment service provider, e-money or any other financial services business which may require licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks and escrow services.
      2. Counterfeit products or any product or service that infringes upon the copyright, trademark or trade secrets of any third party.
      3. Stolen goods.
      4. Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia or any substances designed to mimic illegal drugs.
      5. Gambling.
      6. Sports forecasting or odds making.
      7. Prostitution or illegal escort services.
      8. Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same.
      9. Funding any of the items included on this Prohibited Businesses list.
      10. Extortion, blackmail or efforts to induce unearned payments.
      11. Unlicensed sale of firearms and certain weapons.
      12. Engaging in deceptive marketing practices.
      13. Any business that violates any law, statute, ordinance or regulation.

      You may not use a VULT product to engage in the following categories of activity (each a “Prohibited Use“). By accessing the Site, using the ADM Services or purchasing a VULT, you confirm that you will not use the ADM Services or products to do any of the following:

      1. Use a VULT product as a form of unlawful payment for goods or services.
      2. Violate or assist any party in violating any law, statute, ordinance or regulation, or 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).
      3. Partake in a transaction that involves the proceeds of any unlawful activity.
      4. Partake in any transaction involving online gambling.
      5. Defraud or attempt to defraud ADM or other ADM users.
      6. Infringe upon ADM’s or any third party’s copyright, patent, trademark or intellectual property rights.
      7. Provide false, inaccurate or misleading information.
      8. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interferes with, intercepts or expropriates any system, data or information.
      9. Interfere with another individual’s or entity’s access to or use of any of the ADM Services.
      10. Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others.
      11. Publish, distribute or disseminate any unlawful material or information.
      12. Transmit or upload any material to the Site that contains viruses, Trojan horses, worms or any other harmful or deleterious programs.
      13. Harvest or otherwise collect information from the Site about others, including without limitation email addresses.
      14. Act as a payment intermediary or aggregator or otherwise resell any of the ADM Services, unless expressly authorized by ADM in writing.
      15. Transfer any rights granted to you under these Terms.
      16. Use the VULT Account information of another party to access or use the Site, except in the case of specific applications that are specifically authorized by a user to access such user’s VULT Account and information.
      17. Otherwise attempt to gain unauthorized access to the Site, other VULT Accounts, computer systems or networks connected to the Site, through password mining or any other means.
    2. Verification Procedures and Limits 

      ADM uses multi-level systems and procedures to collect and verify information about VULT in order to protect ADM and the community from fraudulent users and to keep appropriate records. ADM will comply with all applicable laws or in response to a subpoena, court order or other binding government order.

    3. Export Controls and Sanctions 

      The supply of ADM Services through the Site is subject to United States and international export controls and economic sanctions requirements. By acquiring any information through the Site, you represent and warrant that your use of the information will comport with those requirements. Without limiting the foregoing, you may not acquire a VULT or use any of the ADM Services through the Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, or Entity List, or (2) you intend to supply the acquired VULT to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.Pursuant to the economic sanctions programs administered in the countries where ADM conducts business, including but not limited to programs administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC“), ADM is prohibited from providing services or entering into relationships with certain individuals and entities. ADM is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.

    4. Suspension, Termination and Cancellation 

      ADM may: (a) suspend, restrict or terminate your access to any or all of the ADM Services.

      1. We are so required by a facially valid subpoena, court order or binding order of a government authority; or
      2. We reasonably suspect you of using your VULT in connection with a Prohibited Business or a Prohibited Use;
      3. Use of VULT 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 VULT activity; or
      4. You take any action that ADM deems as circumventing ADM’s controls.

       

    5. Limited License

      ADM grants you a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Site and the content, materials, information and functionality available in connection therewith (collectively, the “Content“) solely for informational, transactional or other approved purposes as permitted by ADM from time to time. Any other use of the Site or the Content is expressly prohibited. All other rights in the Site or the Content are reserved by our licensors and us. We reserve all rights in the Site and the Content and you agree that these Terms do not grant you any rights in or licenses to the Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Site or any derivative works thereof, in whole or in part, for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site or the Content (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. If you violate any portion of these Terms, your permission to access and use the Site and the ADM Services may be terminated pursuant to these Terms. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “VULT,” and all logos related to the ADM Services or displayed on the Site are either trademarks or registered marks of ADM or its licensors. You may not copy, imitate or use them without our prior written permission.

    6. Disclaimer and Website Accuracy

      Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.From time to time, the Site may contain references or links to third-party materials (including without limitation websites) and third-party applications which are not controlled by us. Such information, links and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation or sponsorship of that respective property, product, service or process. You acknowledge and agree that we are not responsible for any aspect of the information, content or services contained in any third-party materials or on any third party sites accessible or linked to the Site, including without limitation content, property, goods or services available on the linked sites or services.

    7. Risks:

      The risk of loss in investing in or holding a VULT can be substantial. You should therefore carefully consider whether investing in or holding a VULT is suitable for you in light of your financial condition. In considering whether to trade or invest in a VULT, you should be aware that the price or value of a VULT could rapidly decline. ADM is not responsible for any loss of a VULT resulting from theft or mishandling of a VULT outside its control.

  4. Relationship to You

    ADM is an independent contractor for all purposes. Nothing in these Terms will be deemed or is intended to be deemed to cause you and ADM to be treated as partners, joint ventures or otherwise as joint associates for profit, or either you or ADM to be treated as the agent of the other.From time to time, ADM may engage third parties to assist ADM in providing certain aspects of the ADM Services (each, a “Service Provider“). Service Providers may include, but are not limited to, ADM’s banking partners and technology or engineering service providers.

    1. Responsibilities

      Protecting your privacy is very important to ADM. Please review ADM’s Privacy Policy (see Section V.N (Privacy) below), which is hereby incorporated by reference into these Terms, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

    2. Electronic Records

      By accessing and using the Site and the ADM Services, you agree that ADM may provide you with any notices or other requested communications about VULT and the ADM Services electronically: (a) via email (in each case to the address that you provide), SMS message or telephone call (in each case to the phone number that you provide) or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your request.

  5. General Terms
    1. Governing Law

      These Terms and the agreement to arbitrate, and any claim or dispute of any kind or nature whatsoever arising out of or in any way relating to these Terms or the use of the Site or the Services, directly or indirectly, shall be governed by and construed in accordance with the law of the State of New York (without regard to its conflicts of laws principles, except for the General Obligations Law 5-1401).

    2. Arbitration

      If you have a dispute with ADM, we will attempt to resolve any such disputes through our Customer Relations team. If we cannot resolve the dispute through our Customer Relations team, you and we agree that any dispute arising under these Terms shall be finally settled in arbitration on an individual basis in accordance with the American Arbitration Association’s Commercial Dispute Resolution Procedures for arbitration of consumer-related disputes, and you and we hereby expressly waive any right to trial by jury. The arbitration shall take place in the County and State of New York, in the English language, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs without oral hearings. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees. Additionally, you hereby waive your right to participate in a class action lawsuit or class-wide arbitration. You agree that any claim you may have arising out of or related to your use of ADM services must be filed promptly, but in no event will a claim be accepted for review if not properly submitted within one year of when the claim or issue arose. If not submitted within this timeframe, your claim is permanently barred.

    3. Release of ADM

      You hereby release ADM, its affiliates and service providers, and each of their respective members, directors, officers, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Site, the ADM Services. In addition, in agreeing to this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

    4. Limitations

      IN NO EVENT SHALL ADM, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ADM SITE, THE ADM SERVICES OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THE LIABILITY OF ADM, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LOWER OF (A) THE ACTUAL AMOUNT OF DIRECT DAMAGES; OR (B) FEES PAID TO ADM BY YOU IN THE PRECEDING THREE (3) MONTHS.We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and you should use care in reviewing messages purporting to originate from ADM.

    5. No Warranty

      THE ADM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. ADM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE ADM SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE ADM SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE VULT MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF ANY VULT. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF VULT, 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 VULTS CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING VULTS, EVEN IF THE ADM SERVICES ARE DELAYED, SUSPENDED OR INTERRUPTED FOR ANY REASON. FURTHER, ADM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE ADM SERVICES OR ANY MATERIALS CONTAINED THEREIN. ADM WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS ARE PROCESSED IN A TIMELY MANNER BUT ADM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE ADM 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.

    6. Indemnification

      You agree to indemnify and hold ADM, its affiliates and Service Providers, and each of their respective members, directors, officers, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of the Site or the ADM Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.

    7. Entire Agreement

      These Terms set forth the entire understanding and agreement between you and ADM as to the subject matter hereof and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms) between and among you and ADM.

    8. Assignment

      These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ADM without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the ADM Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    9. Severability

      If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected

    10. Change of Control

      In the event that ADM is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale or other change of control.

    11. Survival

      All provisions of these Terms, which by their nature extend beyond the expiration or termination of these Terms, including without limitation sections pertaining to suspension or termination, debts owed to ADM, general use of the Site, disputes with ADM and general provisions, shall survive the termination or expiration of these Terms.

    12. Force Majeure

      ADM shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

    13. Section Headings and Language

      Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.Notwithstanding any other provision of these Terms, any translation of these Terms is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

    14. Privacy

      The terms and conditions of our Privacy Policy (https://www.vult.com/privacy/) are hereby made a part of these Terms.

  6. Contacting ADM

    ADM prefers electronic notice using our support system at info@vult.com.

    Written notifications can also be sent to: American Diamond Mint, LLC, 31 South Street, Suite 3 S-4, Mt Vernon, NY 10550 USA

Updated by American Diamond Mint, LLC and American Diamond Mint Limited on October 10, 2018.