Terms
of use

INTRODUCTION

In order to assist your understanding of these Terms, we have included an introductory paragraph to each section. These introductions should not be viewed as a substitute for reading the full text, and are qualified by the text in full. If you have any doubt over the meaning of these terms, please contact us at info@synonym.to before you access or use Bitkit Watch. Any decision to utilise Bitkit Watch should be based on consideration of these Terms as a whole.

This section introduces us, these terms, and sets out how we may update these Terms.

1. These Terms, together with the incorporated materials, constitute the entire agreement and understanding with respect to the access or use of Bitkit Watch, between you and Synonym Software Ltd., a company with limited liability incorporated in the El Salvador, or any successor operator of Bitkit Watch (together with any successors or assigns, “Synonym”, “we”, “our”) (each of you and Synonym being a “Party”, and collectively the “Parties”).
2. These Terms may be amended, changed, or updated by Synonym at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms is current and correct. Your continued access or use of Bitkit Watch after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms, as modified by such amendments, changes, or updates. Your only recourse in the case of your unwillingness to continue to be bound by these Terms is to stop using Bitkit Watch.
3. The access or use of Bitkit Watch is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.

DEFINITIONS

In this section, we define certain terms used throughout these Terms. If a word is capitalised in these Terms, please refer to this section for its intended meaning.

1. In these Terms, the following words have the following meanings, unless otherwise indicated:
   1. “Associates” means Synonym and each and every one of its shareholders, subsidiaries, any subsidiaries of its shareholders, liquidity providers, directors, officers, affiliates, employees, contractors, licensors, agents, partners, insurers, and attorneys;
   2. “Bitkit Watch” means the web-based, watch-only application accessible via https://watch.bitkit.to/, which enables users to monitor publicly available BTC data associated with one or more on-chain addresses;
   3. “BTC” means Bitcoin held on-chain, on the Bitcoin blockchain;
   4. “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.
   5. “Government” means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise;
   6. “Government Approval” means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, filing or waiver by or with any Government necessary to conduct the business of either Party or the execution, delivery and performance of Bitkit Watch, or any transaction entered into under these Terms;
   7. “Government Official” means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation;
   8. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the Laws of any state, country, territory or other jurisdiction.
   9. “Law” means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you, Synonym, or Bitkit Watch.
   10. “Losses” means, collectively, any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including attorneys’ fees or the costs of any claim or suit), including any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses;
   11. “Person” includes an individual, association, partnership, corporation, company, other body corporate, trust, estate, and any form of organization, group, or entity (whether or not having separate legal personality);
   12. “Prohibited Use” has the meaning given to it in Section 6; and
   13. “Third Party Services” means any website, node, programming interface, product, data or service that is not controlled by Synonym or any of its Associates.
2. Unless otherwise specified in these Terms, words importing the singular include the plural and vice versa and words importing gender include all genders. The word “include”, “includes” or “including” will be interpreted on an inclusive basis and be deemed to be followed by the words “without limitation”.

BITKIT WATCH

This section sets out the terms governing the use of Bitkit Watch.

1. You may use Bitkit Watch solely in accordance with these Terms. You shall not take any steps to circumvent, avoid, bypass or obviate, directly or indirectly, the intent of these Terms.
2. Bitkit Watch is a non-transactional, read-only interface that allows Users to input one or more Bitcoin on-chain addresses and view balances, historical transactions, and derived metrics. Synonym reserves all rights not expressly granted herein in Bitkit Watch.
3. Your use of Bitkit Watch requires the transmission of data and information over the Internet and public networks. Any wallet names, watchlists, preferences, and cached data remain stored locally in the User's browser environment and are not transmitted to Synonym servers. Accordingly, Synonym does not, and cannot, guarantee the confidentiality, security or reliability of any communications made or information transmitted by you through Bitkit Watch on the Internet and public networks.
4. We may, without prior notice, change Bitkit Watch or stop providing Bitkit Watch or features of Bitkit Watch, to you or to Users generally; or create usage limits for Bitkit Watch. We may block your access to Bitkit Watch without notice and liability for any reason, including: (i) your violation of these Terms; (ii) if Synonym determines or suspects that you have engaged in a Prohibited Use; (iii) scheduled or unscheduled maintenance; (iv) addressing any emergency security concerns or other force majeure event; or (v) for no reason. You continue to be bound by these Terms after your access or use of Bitkit Watch ends.

FEEDBACK

• We encourage you to submit any feedback on Bitkit Watch to info@synonym.to. This section outlines how we might use any feedback we receive.

1. You may choose to, or we may invite you to, submit comments or ideas about Bitkit Watch, including without limitation about how to improve Bitkit Watch or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Synonym under any fiduciary or other obligation, and that Synonym and its Associates are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone and you grant Synonym and its Associates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license (with the right to sublicense) to any Intellectual Property Rights you may have in such Idea to use, including to improve Bitkit Watch, copy, reproduce, modify, publish, transmit, broadcast, display, and distribute. You further acknowledge that, by acceptance of your submission, Synonym does not waive any rights to use similar or related ideas previously known to Synonym, or developed by its employees, or obtained from sources other than you.

THIRD PARTY SERVICES

Bitkit Watch may provide access to, utilise or link to services provided by third parties, and may interact with or rely upon one or more blockchain networks, distributed ledger technologies, and related protocols (collectively, the “Blockchain Networks”). This section sets out the responsibilities and risks associated with those Third Party Services and Blockchain Networks.

1. Bitkit Watch may provide access to or link to Third Party Services. When accessing Third Party Services, you understand that you are at no time transferring your assets to us. We provide access to Third Party Services only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products, assets, or services on or accessible from those Third Party Services (including any related websites, resources or links displayed therein). Third Party Services may provide access to assets which have high risks of illiquidity, devaluation, lockup, or loss.
2. Blockchain Networks are decentralized and are not owned, operated, or controlled by Synonym. Synonym does not have the ability to modify, reverse, or otherwise intervene in the operation of any Blockchain Network, including the validation or confirmation of transactions. You acknowledge that your use of and interaction with any Blockchain Network is entirely at your own risk.
3. Blockchain Networks are subject to inherent risks, including, but not limited to: network congestion and delays in transaction confirmation; fluctuations in transaction fees (including gas fees or mining fees); hard forks, soft forks, or other changes to the applicable protocol; consensus mechanism failures; reorganisation of previously confirmed blocks; and vulnerabilities or exploits at the protocol level. Any of these events may result in the loss, devaluation, or inaccessibility of your assets, and Synonym shall have no liability in connection therewith.
4. To the extent that Bitkit Watch interacts with or facilitates transactions involving smart contracts, you acknowledge that smart contracts operate autonomously on the applicable Blockchain Network and are not under the control of Synonym. Smart contracts may contain errors, bugs, or vulnerabilities that could result in the unintended execution of transactions or the permanent loss of assets. Synonym makes no representations or warranties as to the accuracy, reliability, or security of any smart contract, and shall not be liable for any losses arising from the operation, failure, or exploitation of any smart contract.
5. You may incur charges from third parties for use of Third Party Services or Blockchain Networks. Such fees are not charged by Synonym and are not paid to Synonym.
6. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT ANY BLOCKCHAIN NETWORK, INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE, SECURITY, AVAILABILITY, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES, AND FROM YOUR INTERACTION WITH ANY BLOCKCHAIN NETWORK, INCLUDING RISK OF LOSS FOR ASSETS TRADED THROUGH SUCH THIRD-PARTY SERVICES OR BLOCKCHAIN NETWORKS. IN NO EVENT WILL SYNONYM BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIRD PARTY SERVICES OR THE OPERATION OR FAILURE OF ANY BLOCKCHAIN NETWORK. THIS SECTION OPERATES IN ADDITION TO ANY LIMITATION OF LIABILITY EXPRESSED ELSEWHERE IN THIS USER AGREEMENT.

PROHIBITED USES

This section sets out what you must not use Bitkit Watch for, and the actions we might take if you breach these restrictions.

1. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of Bitkit Watch in any medium, including without limitation by any automated or non-automated “scraping”; (ii) transmitting spam; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running Bitkit Watch; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading viruses, worms, or other software agents through Bitkit Watch; (vi) collecting or harvesting any personally identifiable information from Bitkit Watch; (vii) using Bitkit Watch for any commercial solicitation purposes; (viii) interfering with the proper working of Bitkit Watch; (ix) accessing any content on Bitkit Watch through any technology or means other than those provided or authorized by Bitkit Watch; or (x) bypassing the measures we may use to prevent or restrict access to Bitkit Watch, including without limitation features that enforce limitations on use of Bitkit Watch or the content displayed through Bitkit Watch.
2. Further, you must not:
   1. use Bitkit Watch if any applicable Laws, including, but not limited to, sanctions, anti-money laundering, export control, privacy, and anti-terrorism Laws, prohibit, penalize, sanction, or expose Synonym to liability for Bitkit Watch furnished or offered to you;
   2. use Bitkit Watch to interfere with or subvert the rights or obligations of Synonym or any other Person;
   3. take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
   4. impersonate another Person or misrepresent your affiliation with any Person, conduct fraud, or hide or attempting to hide your identity;
   5. cause injury to, or attempt to harm or otherwise engage in conduct that is detrimental to Synonym, any of its Associates or any Person through your access to Bitkit Watch;
   6. subvert any restrictions set out herein;
   7. violate, promote, cause a violation of, or conspire or attempt to violate these Terms or applicable Laws.

Any use as described in this Section 6 shall constitute a “Prohibited Use”. You must assure that use of Bitkit Watch is not a Prohibited Use. If Synonym determines or suspects that you have engaged in any Prohibited Use, Synonym may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, without limitation: (i) making a report to any Government, law enforcement, or other authorities, without providing any notice of you about any such report; or (ii) blocking your access to Bitkit Watch. In addition, should your actions or inaction result in Loss being suffered by Synonym or any of its Associates, you shall pay an amount to Synonym or the Associate so as to render Synonym or the Associate whole, including the amount of taxes or penalties that might be imposed on Synonym or the Associate.

PRIVACY

This section links to our privacy terms, which set out how we use your data.

1. The Bitkit Watch Privacy Statement (available at privacy-policy.html) describes how Synonym handles any personal information and data that you provide to us when using Bitkit Watch. You acknowledge and agree that you have carefully read and understand the Synonym Privacy Statement.

YOUR REPRESENTATIONS, WARRANTIES AND COVENANTS

In this section, we ask you to make certain statements about you, and your use of Bitkit Watch. If any of these statements are, or will be when using Bitkit Warch, untrue, you must not use Bitkit Watch. You must contact us immediately at support@synonym.to if, after you begin using Bitkit Watch, you find out that any of the following statements are untrue.

1. You represent and warrant to Synonym on the date of your acceptance or deemed acceptance of these Terms and each day on which you utilize or access Bitkit Watch, in each case with reference to the facts and circumstances existing at such date, as follows:
   1. none of you or any of your representatives is otherwise prohibited by applicable Laws from using the services provided by Synonym and your use of Bitkit Watch will not contravene any Law applicable to you;
   2. Bitkit Watch will not be used by you or any of your representatives to enable any Prohibited Uses;
   3. all information provided by or on your behalf to Synonym is true, complete and not misleading and does not omit any fact that Synonym may deem to be material in considering whether to provide Bitkit Watch to you;
   4. if you are an individual User, you are 18 years of age or older and that you have the capacity to contract under applicable Laws;
   5. you understand the risks associated with using Bitkit Watch, including that: (a) Bitkit Watch provided by Synonym is limited to technology and related services, (b) Synonym does not provide or control any Digital Assets networks or protocols, (c) market prices for Digital Assets can be volatile and highly unpredictable, (d) the legality of holding and transacting Digital Assets may not be clear and may vary under the Laws of different jurisdictions throughout the world, and (e) Persons other than Synonym may be or become insolvent, bankrupt or default upon their obligations;
   6. you and your representatives are currently in compliance with, and will, at your own cost and expense, comply with all Laws that relate to or may affect Bitkit Watch, including, but not limited to, sanctions, anti-money laundering, export control, privacy, and anti-terrorism Laws;
   7. none of you and your representatives have (i) violated; (ii) been fined, debarred, sanctioned, the subject of economic sanctions-related restrictions, or otherwise penalized under; (iii) received any oral or written notice from any Government concerning actual or possible violation by you under; or (iv) received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable Laws, including, but not limited to, sanctions, anti-money laundering, export control, privacy, and anti-terrorism Laws;
   8. you shall employ reasonable anti-virus, anti-malware and other software and techniques to protect you and your access to Bitkit Watch from being the victim of a hack or of other malicious actions;
   9. you consent to any and all information reporting under applicable Laws as Synonym may determine in its sole discretion; and
   10. you will accurately and promptly inform Synonym if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.

NO REPRESENTATION BY SYNONYM

• This section explains that we do not make any promises about Bitkit Watch and that we are providing Bitkit Watch on an ‘as is’ basis. We cannot confirm that Bitkit Watch will suit your needs.

1. Synonym makes no representations, warranties, covenants or guarantees to you of any kind and, to the extent permitted by applicable Laws. Synonym expressly disclaims all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to Bitkit Watch. Bitkit Watch is offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, is offered without any representation as to merchantability or fitness for any particular purpose. When you access Bitkit Watch or certain features or services that are identified as “beta” or pre-release, you understand that such services are still in development, may have bugs or errors, may be feature incomplete, may materially change prior to a full commercial launch, or may never be released commercially.
2. Without limiting the generality of Section 9.1, Synonym makes no representations, warranties, covenants or guarantees to you in respect of:
   1. any Third Party Service; or
   2. the functionality of any other Digital Asset network or protocol (including any technical glitch, malfunction, code error, failure, delay, default, or security breach thereof).

RESPONSIBILITIES, LIMITATION OF LIABILITY AND INDEMNITY

In this section, we limit our liability to you and set out our responsibilities for Bitkit Watch. We also ask you indemnify us for any losses we incur as a result of a breach by you of these Terms.

1. Synonym is acting as technology provider only. You retain full responsibility for your use of Bitkit Watch, and neither Synonym nor any of its Associates assumes any responsibility for your use thereof.
2. To the maximum extent permitted by applicable Law, you irrevocably agree and acknowledge that neither Synonym nor any of its Associates assumes any liability or responsibility for, and neither Synonym nor any of its Associates shall have any liability or responsibility for, any Losses directly or indirectly arising out of or related to Bitkit Watch.
3. You hereby agree to release Synonym and its Associates from liability for any and all Losses, and you shall indemnify and save and hold Synonym and its Associates harmless from and against all Losses, incurred by them as a result of your use of Bitkit Watch in breach of these Terms, in violation of applicable Law, or unauthorized use of any data or other information. To the maximum extent permitted by applicable Law, the foregoing indemnity and limitations of liability and releases shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of Law or regulation, or any other basis, even if Synonym or any of its Associates have been advised of or should have known of the possibility of such Losses and damages, and without regard to the success or effectiveness of any other remedies.
4. To the fullest extent permissible by Law, the maximum aggregate monetary liability of Synonym under these Terms shall in no event exceed $100.

FORCE MAJEURE

This section explains that we cannot be held responsible for things outside of our control.

1. Synonym is not responsible for Losses caused by delay or failure of Synonym or Bitkit Watch, including when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; disease pandemics; acts of any Government or Government Official; any and all market movements, shifts, or volatility; computer, server, protocol or internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other Persons; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against by Synonym.

MANDATORY RESOLUTION OF DISPUTES THROUGH ARBITRATION

This section requires that most disputes relating to Bitkit Watch be resolved through individual arbitration.

1. Covered Claims. Except for excluded claims described below in Section 14.2, Synonym and you each agree that any dispute, claim or controversy arising out of or relating to (i) these Terms or the existence, breach, enforcement, interpretation or validity thereof; (ii) Bitkit Watch; or (iii) your use of Bitkit Watch at any time (each, a “Claim”), will be subject to and finally resolved by confidential, binding arbitration and not in a class, representative or consolidated action or proceeding. If you are a Person subject to the jurisdiction of the United States of America, the interpretation and enforceability of this arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. Arbitration will be conducted through the use of videoconferencing technology (unless both arbitration parties agree that an in-person hearing is appropriate given the nature of the dispute) before a single arbitrator in accordance with the Rules of Arbitration of the International Chamber of Commerce, as amended from time to time (the “ICC Rules”). Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. If the arbitral parties do not promptly agree on the seat of arbitration if an in-person hearing is selected, the seat will be the El Salvador. The language of the arbitral proceedings will be English. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by Law, and the arbitral decision may be enforced in court.
2. Excluded Claims. The following claims and causes of action will be excluded from arbitration as described in Section 14.1 causes of action or claims in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of its intellectual property or its confidential information or private data. The Parties shall be at liberty to pursue claims or causes of actions excluded from arbitration through any court of competent jurisdiction.
3. Delegation. The arbitrator will have the power to hear and determine challenges to their jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. This authority extends to jurisdictional challenges with respect to both the subject matter of the dispute and the parties to the arbitration. Further, the arbitrator will have the power to determine the existence, validity, or scope of the contract of which an arbitration clause forms a part. For the purposes of challenges to the jurisdiction of the arbitrator, each clause within this Section 14 will be considered as separable from any contract of which it forms a part. Any challenges to the jurisdiction of the arbitrator, except challenges based on the award itself, will be made not later than the notice of defense or, with respect to a counterclaim, the reply to the counterclaim; provided, however, that if a claim or counterclaim is later added or amended such a challenge may be made not later than the response to such claim or counterclaim as provided under ICC Rules.
4. Class Action Waiver. You and Synonym expressly intend and agree that: (i) class action and representative action procedures are hereby waived and will not be asserted, nor will they apply, in any arbitration pursuant to these Terms; (ii) neither you nor Synonym will assert class action or representative action claims against the other in arbitration or otherwise; (iii) each of you and Synonym will only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person, or consolidate claims with any other person; (iv) nothing in these Terms will be interpreted as your or Synonym’s intent to arbitrate Claims on a class or representative basis; and (v) any relief awarded to any one User cannot and may not affect any other User. No adjudicator may consolidate or join more than one Person’s or Party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
5. Confidentiality. You and Synonym and any other arbitration parties will maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by Law or judicial decision.
6. JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF BITKIT WATCH BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE USER AND SYNONYM.

MISCELLANEOUS

This section contains provisions relating to which law governs these Terms, our relationship and whether we can transfer the rights of these Terms, among other things. It also covers how we propose to resolve disputes and asks you to agree to waive your right to a jury trial and any class action.

1. Governing law. These Terms shall be governed by and construed and enforced in accordance with the Laws of the El Salvador and shall be interpreted in all respects as an El Salvador contract. Any transaction, dispute, controversy, claim or action arising from or related to your access to Bitkit Watch, these Terms or Bitkit Watch shall be governed by the Laws of the El Salvador, exclusive of choice-of-law principles.
2. We are not acting in partnership with you. Nothing herein, including the provision of BitkitWatch, shall be deemed or construed to create a partnership, joint venture, agency relationship or association between you and any of Synonym or its Associates. No Party shall have any right, power or authority to enter into any agreement or undertaking for or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. In providing Bitkit Watch, Synonym is acting as a service provider, and not an agent, of the User, any Recipient or any other Person.
3. No Waiver; Available Remedies. Any failure by Synonym to exercise any of its rights, powers, or remedies under these Terms, or any delay by Synonym in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Synonym does not prevent either from exercising any other rights, powers, or remedies. The remedies of Synonym are cumulative with and not exclusive of any other remedy conferred by the provisions of these Terms, or by law or equity. You agree that the remedies to which Synonym is entitled include (i) injunctions to prevent breaches of these Terms and to enforce specifically the terms and provisions hereof, and you waive the requirement of any posting of a bond in connection with such remedies, (ii) the right to recover the amount of any Losses by set off against any amounts that Synonym would otherwise be obligated to pay to you, and (iii) the right to seize and recover against any of your assets, or your interests therein, that are held by Synonym or any of its Associates.
4. Assignment and Third Party Rights: These Terms, and any of the rights, duties, and obligations contained or incorporated herein, are not assignable by you without prior written consent of Synonym and any attempt by you to assign these Terms without Synonym’s written consent is void. These Terms, and any of the rights, duties, and obligations contained herein, are freely assignable by Synonym, in whole or in part, without notice or your consent (for clarity, this assignment right includes the right for Synonym to assign any claim, in whole or in part, arising hereunder). Any attempt by you to assign these Terms without written consent is void. Subject to the foregoing, these Terms, and any of the rights, duties, and obligations contained or incorporated herein, shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal or legal representatives, successors and assigns of you and of Synonym. None of the provisions of these Terms, or any of the rights, duties, and obligations contained or incorporated herein, are for the benefit of or enforceable by any creditors of you or Synonym or any other persons, except (i) such as inure to a successor or assign in accordance herewith and (ii) that the Associates of Synonym are intended third party beneficiaries of the rights and privileges expressly stated to apply to the Associates hereunder and shall be entitled to enforce such rights and privileges (including those rights and privileges set out in Sections 6 (Prohibited Uses) and 10 (Responsibilities, Limitation of Liability and Indemnity) as if a direct party to these Terms. No consent of any Person is required for any modification or amendment to these Terms.
5. No Liability for Blocking. Synonym shall not be liable to you or any other Person for blocking your access to Bitkit Watch.
6. Severability. If any provision of these Terms or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, as may be, and everything else in these Terms continues in full force and effect.
7. Electronic Communications and Acceptance. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that Synonym may provide in connection with these Terms through publication on Bitkit Watch or to your authorized e-mail address on file with Synonym. Such notices shall be deemed effective and received by you on the date on which the notice is published on Bitkit Watch or on which the e-mail is sent to such authorized e-mail address. These Terms may be accepted electronically, and it is the intention of the parties that such acceptance shall be deemed to be as valid as an original signature being applied to these Terms.