Table of Contents
Section 1: INTRODUCTION & DEFINITIONS
Section 2: YOUR BLOCKQUAKE ACCOUNT
Section 3: BLOCKQUAKE WALLET SERVICES
Section 4: CUSTODY OF DIGITAL ASSETS
Section 5: TRANSFERS & TRADES & FEES
Section 6: DIGITAL CURRENCY TRANSFERS
Section 7: PRIVACY OF PERSONAL DATA & SECURITY
Section 8:GENERAL USE, PROHIBITED USE, ACCOUNT TERMINATION
Section 9: CUSTOMER SUPPORT
Section 10: GENERAL PROVISIONS
Section 11: PROHIBITED USE, PROHIBITED BUSINESSES, & CONDITIONAL USE
Section 12: VERIFICATION PROCEDURES AND LIMITS
Section 13: E-SIGN DISCLOSURE AND CONSENT
BLOCKQUAKE USER AGREEMENT
Section 1: INTRODUCTION & DEFINITIONS
Where the Customer represents a US Person or Entity based on the Know Your Customer onboarding process, this User Agreement (“Agreement“) will be between you (a “Customer“, also referred to by use of the word “your”) and BlockQuake Markets, LLC, a Wyoming company, (“BlockQuake“, also referred to by use of the words “we”, “us”, or “our”) and governs your use of the services provided by BlockQuake that are described in this Agreement (“BlockQuake Services” or “Services“).
Where the Customer represents a Person or Entity from anywhere other than the US based on the Know Your Customer onboarding process, this User Agreement (“Agreement“) will be between you (a “Customer“, also referred to by use of the word “your”) and BlockQuake Markets, LTD, a Bahamas company, (also will be referred to as “BlockQuake“, also referred to by use of the words “we”, “us”, or “our”) and governs your use of the services provided by BlockQuake that are described in this Agreement (“BlockQuake Services” or “Services“).
Both companies are subsidiaries of BlockQuake Enterprises, Inc., a Wyoming Corporation.
The words “customer” and “user,” or “customers” and “users,” will be used interchangeably throughout this document.
1(b) Controlling Document
If there are any discrepancies between any translated version of this Agreement and the English language version, the English language version of this Agreement shall prevail, govern, and control.
By visiting blockquake.com or exchange.blockquake.com or any other domain affiliated with blockquake.com (collectively the “BlockQuake Site“) and registering an account (a “BlockQuake Account“), you agree that you have read, understand, accept, and agree to all of the terms and conditions contained in this Agreement, as well as the policies and rules outlined in the Incorporated Documents.
1(e)Digital Currency and Digital Asset
As used in this Agreement, a “Digital Currency” shall mean an asset controlled by cryptographic protocol and a decentralized distributed ledger (typically a blockchain), and is listed as available to trade or custody in your BlockQuake Account. This type of asset is also commonly known as “cryptocurrency” or “virtual currency”.
As used in this Agreement, a “Digital Asset” shall mean either a Digital Currency, or a derivative of one or more Digital Currencies, that are listed as available to trade or custody in your BlockQuake Account.
In using the BlockQuake Site, you acknowledge that markets for Digital Assets may experience a high degree of price volatility and there may be substantial risk of you losing money by investing in Digital Assets. You should carefully consider the merits of trading or holding Digital Assets and be able to withstand the financial risk of losing your entire investment.
1(g)No Offer of Security Services to Certain Users
BlockQuake is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States, Canada, or the Bahamas, or to United States, Canadian, or Bahamian citizens or residents.
We reserve the right to change any of the terms and conditions in this Agreement at any time. The revised agreement (a “Revised Agreement”) will be posted to the BlockQuake Site, and shall be effective as of the time it is posted, but will not apply retroactively. We also have the right to require an affirmative indication of your continued acceptance of this Agreement, or any Revised Agreement as a condition of logging into the BlockQuake Site. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any part of the Agreement or any Revised Agreement, your sole and exclusive remedy is to terminate your use of the Services and close your account.
You may print and maintain a copy of any version of this Agreement. The current version of this Agreement, as well as previous versions, will always be on the BlockQuake Site.
1(j) Important Notices
- Virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency.
- Transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
- Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
- The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear.
- There is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future.
- The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss over a short period of time.
- The nature of virtual currency may lead to an increased risk of fraud or cyber attack.
- The nature of virtual currency means that any technological difficulties experienced by the licensee may prevent the access or use of a customer’s virtual currency.
- Any trust account maintained by affiliates and third-party contractors of BlockQuake for the benefit of its customers may not be sufficient to cover all losses incurred by customers.
- In accordance with New York State regulations governing certain virtual currencies businesses, BlockQuake’s Compliance Officer is Sam Hyun, firstname.lastname@example.org, 1-646-657-1712.
Section 2: YOUR BLOCKQUAKE ACCOUNT
To be eligible to register a BlockQuake Account or use BlockQuake Services you must:
- be 18 years of age or older;
- have the legal capacity to enter into and be bound by this Agreement;
- be authorized to act on behalf of your institution or entity, if applicable;
- successfully pass our Know Your Customer (“KYC”) and Anti Money Laundering (“AML”) checks.
Persons residing in jurisdictions where laws and regulations prohibit their use of BlockQuake Services are not eligible to use the BlockQuake Site or Services.
2(b) Account Registration
You must register for a BlockQuake Account to use the BlockQuake Services. By registering a BlockQuake Account you agree that you will use your BlockQuake Account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from BlockQuake. Users will also be provided a U.S. financial account held by Prime Trust, a third party custodian, upon registering for the BlockQuake Services. You are fully responsible for all activity that occurs under your BlockQuake Account. We may, in our sole discretion, refuse to open a BlockQuake Account, or limit the number of BlockQuake Accounts that you may hold, or suspend or terminate any BlockQuake Account or the trading of specific Digital Assets in your account.
Subject to Section 8.6(c), you may not sell, lease, or otherwise permit or provide access to your BlockQuake Account to any other entity or to any individual who is not your employee or agent and who satisfies the criteria set forth in Section 2(a). You accept full responsibility for your employees’ or agents’ use of your BlockQuake Account. You understand and agree that you are responsible for all orders, trades, and other instructions entered in your BlockQuake Account.
2(c) Identity Verification
During registration of your BlockQuake Account, you agree to provide us with the information we request for the purposes of identity verification and KYC and AML checks and permit us to keep a record of such information. You will need to complete verification procedures before you are permitted to use BlockQuake Services. The information we request may include certain personal information, including, but not limited to, your name, address, phone number(s), email address, date of birth, taxpayer identification number, a government-issued photo identification, and information regarding your bank account (such as the bank name, account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate. You agree to keep us updated if any of the information you provide changes.
2(d) Account Access and Multi-Factor Authentication
We require multi-factor authentication to keep your BlockQuake Account safe and secure. To access and use your BlockQuake Account, you must use your BlockQuake Account login and password, and at least one additional form of authentication. You agree to use any authentication procedures required by BlockQuake.
You agree to keep your BlockQuake Account login and password, and any other forms of authentication, confidential and separate from each other, as well as separate from any other information relating to your BlockQuake Account.
You agree that you are solely responsible for managing the security of your BlockQuake Account login and password, and any other forms of authentication. You further agree and understand that we are not responsible for any unauthorized access to or use of your BlockQuake Account.
You agree that you are responsible for monitoring your BlockQuake Account. If you notice any unauthorized or suspicious activity in your account, you agree to notify us immediately by contacting our support team.
2(e) Account Communication
You agree that all regular and formal communication concerning your BlockQuake Account will be via email, using your email address on record (although customer support functions may use online chat or telephone). In addition, you agree to receive email communication regarding BlockQuake Services, including but not limited to new features, digital assets or fiats, orders types and related services. To ensure that you receive all email communications, you agree to keep your BlockQuake Account email address up to date. Communication provided to you via email will be deemed given and received on the send date of the email. By accessing and using the BlockQuake Site and Services, you confirm that you have the capacity to receive email communications. If any email is returned as undeliverable, we retain the right to restrict your access to BlockQuake Services until you provide and confirm a valid email address.
2(f) Account Closure
You may close your BlockQuake Account at any time. You agree that closing your BlockQuake Account will not affect any rights you have gained, or obligations you have incurred, prior to closure. You may be required to either cancel or complete open orders and, in accordance with the provisions of this Agreement, transfer any remaining fiat currency and Digital Assets out of your BlockQuake Account. You are responsible for any external expenses associated with the closing of your BlockQuake Account. You may not close your BlockQuake Account to avoid paying fees otherwise due or to avoid any examination related to our compliance with regulatory requirements.
2(g) Account Information/History
The BlockQuake Site will provide you with your fiat currency and Digital Asset balances, and your full transaction history. Your transaction history contains all your completed and pending trades, deposits, and withdrawals. Any completed transaction in your transaction history shall be deemed and treated as correct. If you believe there is an error in your transaction history, you agree to notify us immediately by contacting our support team.
2(h) Account Review and Acknowledgment
You agree that it is your sole responsibility to review your transaction history and any emails sent to you at your email address on record. You also agree that you are deemed to have reviewed your transaction history each time you access your BlockQuake Account. You are also deemed to have reviewed each transaction confirmation sent by email to your email address on record. If you are not receiving email confirmation of transactions, you agree to notify us immediately by contacting our support team.
Section 3: BLOCKQUAKE WALLET SERVICES
3(a) Digital Asset Wallet
As a feature of your BlockQuake Account, we or a third-party custodian (“Digital Asset Custodian”) will provide you with a wallet for holding Digital Assets (“Digital Asset Wallet”). Your Digital Asset Wallet allows you to store, trade, receive, transfer, and otherwise manage your Digital Assets. BlockQuake Services and Digital Assets may vary by jurisdiction.
We or a Digital Asset Custodian will securely store your private key, which is used to process all Digital Asset transactions, in online and/or offline storage (also commonly known as “hot storage” and “cold storage” respectively). You acknowledge and accept that a private key in offline storage may take up to 48 hours to retrieve, delaying any Digital Asset transaction.
3(b) Fiat Currency Wallet
As a feature of your BlockQuake Account, a third-party custodian (“Fiat Custodian”) will provide you with a “wallet” for holding available fiat currencies (“Fiat Currency Wallet”). Your Fiat Currency Wallet represents the funds stored in the financial account provided by the Fiat Custodian. The financial account provided by the Fiat Custodian is insured by the Federal Deposit Insurance Corporation (FDIC). Your Fiat Currency Wallet allows you to store, trade, deposit, transfer, and otherwise manage your fiat currency in the custody of BlockQuake or Digital Asset Custodians.
3(c) Supported Digital Assets
Your BlockQuake Account is solely for use of Digital Assets as designated on the BlockQuake Site. You agree that you will not attempt to use your Digital Asset Wallet to store, request, or receive assets we do not support. If you attempt to do so, we reserve the right to suspend or close your BlockQuake Account. BlockQuake assumes no responsibility in connection with any attempt to use your Digital Asset Wallet with assets that we do not support. If you have any questions about which assets we currently support, please visit our support page.
3(d) Additional Protocols Excluded
Unless specifically stated on the BlockQuake Site, we do not support protocols/assets which supplement, interact with, or are derivatives of Digital Currencies or Digital Assets. You agree that you will not use your BlockQuake Account to attempt to store, request, receive, or engage in any other type of transaction involving any such protocol/asset. Any such attempted transactions may result in total loss of the asset.
3(e) Digital Currency Protocols
We do not own or control the underlying software protocols which govern the operation of Digital Currency on our platform. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols, and we are not able to guarantee the functionality or security of network operations. The underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, the name and/or other aspects of the Digital Currency you store in your Digital Asset Wallet. BlockQuake does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by BlockQuake in determining whether to continue to use a BlockQuake Account for the affected Digital Currency.
In the event of any such operational change, BlockQuake reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the BlockQuake platform, including temporarily suspending operations for the involved Digital Currency; BlockQuake will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of BlockQuake’s control and may occur without notice to BlockQuake. BlockQuake’s response to any material operating change is subject to its sole discretion and includes deciding not to support any new digital currency, fork, or other actions.
You agree to accept the risks of operating changes to Digital Currency protocols and agree that BlockQuake is not responsible for such operating changes (other than to operating changes to QuakeCoin and any other cryptocurrency or token developed by us) and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and agree that BlockQuake has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols.
Section 4: CUSTODY OF DIGITAL ASSETS
4(a) Ownership of Digital Assets
All Digital Assets held in your Digital Asset Wallet are custodial assets held by BlockQuake or Digital Asset Custodian for your benefit. Ownership of Digital Assets remains with you and will not transfer to BlockQuake. As the owner of Digital Assets in your Digital Asset Wallet, you shall bear all risk of loss of such Digital Asset. BlockQuake shall have no liability for Digital Asset fluctuations. None of the Digital Assets in your Digital Asset Wallet are the property of, or may be loaned to, BlockQuake; BlockQuake will not treat assets in Customers’ Digital Asset Wallets as belonging to BlockQuake. BlockQuake may not grant a security interest in the Digital Assets held in your Digital Asset Wallet in favor of any third party. Except as required by a valid court order, BlockQuake will not sell, trade, transfer, loan, or otherwise alienate Digital Assets in your Digital Asset Wallet unless instructed by you.
4(b) Control of Digital Assets
You control the Digital Assets held in your Digital Asset Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw or transfer your Digital Assets. So long as you continue to custody Digital Currencies with BlockQuake, BlockQuake shall retain control over the private keys associated with blockchain addresses operated by BlockQuake, including the blockchain addresses that hold your Digital Currency.
4(c) Acknowledgement of Risk
You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation, and agree to assume all risk associated with owning Digital Assets.
4(d) Digital Currencies Not Segregated
To more securely custody assets, BlockQuake may use shared blockchain addresses, controlled by BlockQuake, to hold Digital Currencies held on account for Customers and/or held on behalf of BlockQuake. Although we maintain separate ledgers for Customer and BlockQuake accounts, BlockQuake shall have no obligation to segregate by blockchain address Digital Currencies owned by you from Digital Currencies owned by other Customers or by BlockQuake.
Section 5: TRANSFERS & TRADES & FEES
5(a) Fiat Currency Transfers
You may transfer fiat currency into your Fiat Currency Wallet pursuant to the terms and conditions of your agreement with Fiat Custodian. There is no fee charged by BlockQuake for transferring fiat currency into and out of your Fiat Currency Wallet. There may be associated fees that you have to pay either to your bank or financial institution or one of our banking or financial institution vendors depending on the means of transfer.
5(b) Trades, Trading Pairs, & Order Types
You may use your BlockQuake Account to place orders to trade a Digital Asset with either another Digital Asset or a Fiat Currency. Refer to your BlockQuake Account to view the available trading pairs.
You may choose any of the available order types (such as “market”, “stop”, “limit”) prior to authorizing your trade. Refer to your BlockQuake Account to view the available order types.
If BlockQuake cannot complete your order for any reason, BlockQuake will cancel the order and notify you. You will not be charged for a cancelled order.
Upon the completion of a trade, the balances in your Digital Asset Wallet and Fiat Currency Wallet will be updated. You agree to pay all fees associated with your order and agree to allow BlockQuake to debit these fees from your Fiat Currency Wallet or Digital Asset Wallet, as applicable.
5(c) Trading Fees
BlockQuake charges a fee of 0.2% or 20 basis points of the trade amount when you trade on the BlockQuake Site. By using BlockQuake Services you agree to pay these fees and allow BlockQuake to debit your Fiat Currency Wallet or Digital Asset Wallet, as applicable. BlockQuake reserves the right to adjust its fees at any time. You will be notified of the fees which apply to your trade at the time you authorize the trade as well as in the emailed receipt sent for each trade.
5(d) Unauthorized and Incorrect Transactions
If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you agree to notify us immediately by contacting our support team. You also agree to regularly review your transfer and trading history, and your Digital Asset Wallet and Fiat Currency Wallet balances.
5(e) Revocations, Reversals, & Cancellations
Except for certain order types that have yet to be executed, you cannot revoke your authorization for a trade. You cannot cancel, reverse, or change any transaction that is pending completion, or is completed. We reserve the right to refuse to process, or to cancel or reverse, any trade or transfer at our sole discretion, if we suspect it 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; if we reasonably suspect that the transaction is erroneous; or if BlockQuake suspects the transaction relates to prohibited uses or businesses, as set forth below, in this Agreement. In such instances, we are under no obligation to allow you to reinstate a trade at the same price or on the same terms as the cancelled trade.
Section 6: DIGITAL CURRENCY TRANSFERS
6(a) In General
As part of your BlockQuake Account, your Digital Asset Wallet provides you with the ability to send Digital Currency to, and request and receive Digital Currency from other wallets (“Digital Currency Transfer“). These wallets may be other Digital Asset Wallets, or wallets from outside of the BlockQuake Site, and may be owned by a third party. There may be associated fees that you have to pay to the blockchain network for a Digital Currency Transfer. BlockQuake reserves the right to block Digital Currency Transfers that have been flagged by third-party companies providing Know Your Transaction services to BlockQuake..
6(b) Pending Transfers
When a transfer involves a wallet from outside the BlockQuake Site, a digital currency network will be involved in the transfer. Once a Digital Currency Transfer is submitted to its respective network, the transfer will be unconfirmed until that network issues a dedicated number of confirmation(s). Until the transfer is confirmed, it is not complete, and the Digital Currency is not available for you to use on the BlockQuake platform.
6(c) Incoming Digital Currency Transfers
When you or a third party sends Digital Currency to a BlockQuake Digital Asset Wallet from a wallet external to the BlockQuake Site, the individual initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of sufficient network or miner’s fees. Insufficient network fees may cause a transfer to remain pending, and is outside of BlockQuake’s control.
You agree that you will not attempt to transfer an unsupported digital asset. We recommend Customers send a small amount of Digital Currency as a test prior to initiating a transfer of a significant amount of Digital Currency. BlockQuake may from time to time determine types of Digital Currency that will be supported or cease to be supported.
6(d) Outgoing Digital Currency Transfers
When you send Digital Currency from your BlockQuake Account to an external wallet, the transfer is executed at your instruction by BlockQuake. You agree to verify all transaction information prior to submitting instructions to us. BlockQuake shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address. We do not guarantee the identity or value received by a recipient of a transfer. Digital Currency Transfers cannot be reversed once they have been broadcast to the respective Digital Currency network. BlockQuake does not control Digital Currency networks and makes no guarantees that a Digital Currency Transfer will be confirmed by the network.
Outgoing Digital Currency transfers may be subject to volume limits. We may refuse to process or cancel any transfers as required by law or any court or other authority to which BlockQuake is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further BlockQuake Services and/or before permitting you to engage in transactions beyond certain volume limits.
6(e) Third-Party Merchants
We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any goods or services that you may purchase from a third party (including other users of BlockQuake Digital Currency). We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Currency transferred using the BlockQuake Digital Currency, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may contact our support team so that we may consider what action to take, if any.
Section 7: PRIVACY OF PERSONAL DATA & SECURITY
7(a) Personal Data
7(b) Security Breach
If you suspect that your BlockQuake Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident affecting you or BlockQuake, you agree to notify our support team as soon as possible. You agree to take any steps that we reasonably require to reduce, manage, or report any security issue. Failure to provide prompt notification of any security issue may be considered in our determination of the appropriate resolution of the matter.
Section 8: GENERAL USE, PROHIBITED USE, ACCOUNT TERMINATION
8(a) Limited License
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the BlockQuake Services, BlockQuake Site, and related content, materials, information (collectively, the “Content”) solely for purposes approved by BlockQuake from time to time. Any other use of the BlockQuake Site or Content is expressly prohibited and all other right, title, and interest in the BlockQuake Services, BlockQuake Site or Content is exclusively the property of BlockQuake and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of BlockQuake. “BlockQuake.com”, “BlockQuake”, and all logos related to the BlockQuake Services or displayed on the BlockQuake Site are either trademarks or registered marks of BlockQuake, its licensors or are trademarks of their respective entities. You may not copy, imitate or use them without BlockQuake’s prior written consent.
8(b) Website Accuracy
Although we intend to provide accurate and timely information on the BlockQuake Site, the BlockQuake 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 BlockQuake Site are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Currencies, is for informational purposes only and BlockQuake makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. 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 BlockQuake Site.
8(c) Third-Party Applications
If, to the extent permitted by BlockQuake from time to time, you grant express permission to a third party to access or connect to your BlockQuake Account(s), either through the third party’s product or service or through the BlockQuake Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your BlockQuake Account(s). Further, you acknowledge and agree that you will not hold BlockQuake responsible for, and will indemnify BlockQuake from, any liability arising out of or related to any act or omission of any third party with access to your BlockQuake Account(s). You may change or remove permissions granted by you to third parties with respect to your BlockQuake Account(s) at any time through the tabs on the Account Settings page on the BlockQuake Site.
8(d) Prohibited Use
In connection with your use of the BlockQuake 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 defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your BlockQuake Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
8(e) Transaction Limits
The use of all BlockQuake Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your BlockQuake Account. BlockQuake reserves the right to change applicable limits as we deem necessary in our sole discretion. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with BlockQuake staff. In our sole discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time.
8(f) Suspension, Termination, and Cancellation
If BlockQuake suspends or closes your account, or terminates your use of BlockQuake Services for any reason, we will provide you with notice of our actions unless a legal or administrative authority requires or requests BlockQuake not provide you with such notice. You acknowledge that BlockQuake’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to BlockQuake’s risk management and security protocols. You agree that BlockQuake is under no obligation to disclose the details of its risk management and security procedures to you.
After Account deactivation or cancellation, you will be permitted to transfer Digital Currency or funds associated with your hosted Digital Currency Wallet(s) and/or your Fiat Currency Wallet(s) for up to ninety (90) days or a period of time as determined by your jurisdiction of residence. Digital Currency or funds transfer will be permitted unless such transfer is otherwise prohibited by a legal or administrative authority. You may cancel your BlockQuake Account at any time after withdrawing all balances. You will not be charged for canceling your BlockQuake Account, although you will be required to pay any outstanding amounts owed to BlockQuake. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
8(g) Death of Account Holder
For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your BlockQuake Account and during this time, no transactions may be completed until:(i) your designated fiduciary has opened a new BlockQuake Account, as further described below, and the entirety of your BlockQuake Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid will or similar testamentary document will be required to open a new BlockQuake Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your BlockQuake Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your BlockQuake Account. Pursuant to the above, the opening of a new BlockQuake Account by a designated fiduciary is mandatory following the death of a BlockQuake Account owner, and you hereby agree that your fiduciary will be required to open a new BlockQuake Account and provide the information required under Section 2 of this Agreement in order to gain access to and transfer the contents of your BlockQuake Account within a period of time as determined by your jurisdiction of residence.
8(h) Unclaimed Property
If BlockQuake is holding amounts (whether fiat currency or Digital Currency) on or for your account, and BlockQuake is unable to contact you and has no record of your use of the Services for several years, applicable law may require BlockQuake to report these funds (including fiat currency and Digital Currency) as unclaimed property to New York, U.S.A. or other applicable jurisdiction. If this occurs, BlockQuake will try to locate you at the address shown in our records, but if BlockQuake is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.
8(i) Relationship of the Parties
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and BlockQuake to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or BlockQuake to be treated as the agent of the other. You agree that BlockQuake is not your fiduciary.
8(j) Password Security; Contact Information
You are responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the BlockQuake Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your BlockQuake Account(s) by third-parties and the loss or theft of any Digital Currency and/or funds held in your BlockQuake Account(s) and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you.
You should never allow remote access or share your computer screen with someone else when you are logged on to your BlockQuake Account. BlockQuake will never under any circumstances ask you for your passwords, or 2-factor authentication codes. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of BlockQuake and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your BlockQuake Account(s) information has been compromised, contact our support team.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the BlockQuake Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities in your jurisdiction of residence. Your transaction history is available through your BlockQuake Account.
8(l) No Investment Advice or Brokerage
For the avoidance of doubt, BlockQuake does not provide investment, tax, or legal advice.. All BlockQuake trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. BlockQuake may provide educational information about supported digital currency, as well as Digital Currency not supported by BlockQuake, in order to assist users in learning more about such Digital Currency. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the BlockQuake Site, BlockQuake.com, BlockQuake social media channels or any other third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website’s content as such. BlockQuake does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. BlockQuake will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by BlockQuake.
Section 9: CUSTOMER SUPPORT
9(a) Contact BlockQuake
If you have feedback or general questions, or questions specific to your use of BlockQuake Services or your account, contact our support team. BlockQuake requires that all legal documents be served on our registered agent for service of process.
Please note that our registered agent will accept service only if the entity identified as the recipient of the document is identical to the entity registered with the Bahamas, New York or Wyoming, as the case may be, Secretary of State and for which our registered agent is authorized to accept service. By accepting service of a legal document, BlockQuake does not waive any objections we may have and may raise in response to such document.
If you have a dispute with BlockQuake, you agree to contact BlockQuake through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the BlockQuake support team, you agree to use the formal complaint process set forth below. You agree to use this process before filing an arbitration claim or lawsuit.
9(c) Initiating a Complaint
In the event that your dispute with BlockQuake is not resolved through your contact with our support team, you agree to use our complaint form to describe your complaint, how you would like us to resolve the complaint, and any other information related to your dispute that you believe to be relevant. The complaint form can be requested from our support team.
9(d) BlockQuake’s Response to a Complaint
We will acknowledge receipt of your complaint form after you submit it. The BlockQuake support team will review your complaint. We will evaluate your complaint based on the information you have provided and information in the possession of BlockQuake. Within 20 business days of our receipt of your complaint form, we will address the issues raised in your complaint form by sending you an email in which we will either: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if we are unable to respond to your complaint within 20 business days for reasons beyond BlockQuake’s control, we will send you a communication indicating the reasons for any delay in answering your complaint, and specifying the deadline by which we will respond to your complaint.
9(e) Arbitration & Waiver of Class Action
If we cannot resolve the dispute through the formal complaint process, you agree that any dispute arising out of or relating to this Agreement or the BlockQuake Services, including, without limitation, U.S. federal and state or non-U.S. statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Arbitration shall be conducted in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND BLOCKQUAKE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted by a single neutral arbitrator who is knowledgeable about Digital Assets and will take place in New York, New York, U.S.A., or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitrator’s decision may be enforced in any court. An arbitrator’s decision and judgment will not have a precedential or collateral estoppel effect. 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. To the extent permitted by law, the prevailing party in any arbitration pursuant to this Agreement will be entitled to costs and attorneys’ fees.
Section 10: GENERAL PROVISIONS
Internet access is required to access the BlockQuake Site and Services. If you use a shared or public computer, tablet or other device to access BlockQuake Services or your BlockQuake Account, make sure to log out of your Account when you are finished in order to prevent unauthorized access to your Account. You should consider using certain tools, such as VPNs, if you are accessing the BlockQuake Site on a public computer or network and discuss your internet practices with appropriate advisers. The BlockQuake Services can be accessed directly using the BlockQuake Site. Access to BlockQuake Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. Although we strive to provide you with excellent service, we do not represent that the BlockQuake Site or other BlockQuake Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. BlockQuake shall not be liable for any losses resulting from or arising out of transaction delays.
10(b) Computer Viruses
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code 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 should use care in reviewing messages purporting to originate from BlockQuake. Always log into your BlockQuake Account(s) through the BlockQuake Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
10(c) Release of BlockQuake; Indemnification
If you have a dispute with one or more users of the BlockQuake Services, you release BlockQuake, its affiliates and service providers, and each of their respective officers, directors, 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 such disputes. You agree to indemnify and hold BlockQuake, its affiliates and Service Providers, and each of its or their respective officers, directors, 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 your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
10(d) Limitation of Liability; No Warranty
IN NO EVENT SHALL BLOCKQUAKE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR BLOCKQUAKE ACCOUNT(S) OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE BLOCKQUAKE SITE OR THE BLOCKQUAKE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLOCKQUAKE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BLOCKQUAKE’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT BLOCKQUAKE FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE BLOCKQUAKE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOCKQUAKE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. BLOCKQUAKE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE BLOCKQUAKE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. BLOCKQUAKE DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE BLOCKQUAKE SERVICES AND BLOCKQUAKE SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BLOCKQUAKE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, OR (C) INTERRUPTION IN ANY SUCH DATA.
BlockQuake makes no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the BlockQuake Site. BlockQuake 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 BlockQuake makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
10(e) Entire Agreement
We may amend or modify this Agreement by posting on the BlockQuake Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the BlockQuake Services, or suspension or termination of your access to the BlockQuake Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any BlockQuake affiliates or subsidiaries, or to any successor in interest of any business associated with the BlockQuake Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, 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 this Agreement shall not be affected.
10(i) Change of Control
In the event that BlockQuake 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.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, BlockQuake Account cancellation, debts owed to BlockQuake, general use of the BlockQuake Site, disputes with BlockQuake, and general provisions, shall survive the termination or expiration of this Agreement.
10(k) Governing Law
You agree that the laws of the State of Wyoming, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and BlockQuake, except to the extent governed by federal law.
10(l) Force Majeure
We 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, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, 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.
10(m) Non-Waiver of Rights
This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
Section 11: PROHIBITED USE, PROHIBITED BUSINESSES, & CONDITIONAL USE
11(a) Prohibited Use
You may not use your BlockQuake Account(s) to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of BlockQuake Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact our support team. By opening a BlockQuake Account, you confirm that you will not use your Account to do any of the following:
- Unlawful Activity: Activity which would violate, or assist in violation of any law, statute, ordinance, or regulation, sanctions programs administered in the countries where BlockQuake conducts business, including but not limited to regulations adopted by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information
- Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the BlockQuake Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the BlockQuake Site, other BlockQuake Accounts, computer systems or networks connected to the BlockQuake Site, through password mining or any other means; use BlockQuake Account information of another party to access or use the BlockQuake Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s BlockQuake Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of BlockQuake.
- Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any BlockQuake Services; defame, abuse, extort, 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; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the BlockQuake Site about others, including without limitation email addresses, without proper consent.
- Fraud: Activity which operates to defraud BlockQuake, BlockQuake users, or any other person; provide any false, inaccurate, or misleading information to BlockQuake.
- Intellectual Property Infringement: 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, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of BlockQuake intellectual property, name, or logo, including use of BlockQuake trade or service marks, without express consent from BlockQuake or in a manner that otherwise harms BlockQuake or the BlockQuake brand; any action that implies an untrue endorsement by or affiliation with BlockQuake
11(b) Prohibited Businesses
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from utilizing BlockQuake Services in connection with their day to day business activities or transactions (“Prohibited Businesses”). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether your use of BlockQuake Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact our support team.
By opening a BlockQuake Account, you confirm that you will not use BlockQuake Services in connection with any of the following businesses, activities, practices, or items:
- Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes.
- Restricted Financial Services: Check cashing, bail bonds; collections agencies.
- Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
- Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.
- Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis.
- Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.
- Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
- Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
- Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs.
- Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
- High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
11(c) Conditional Use
Express written consent and approval from BlockQuake must be obtained prior to using BlockQuake Services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting our support team. BlockQuake may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use BlockQuake Services in connection with any of the following businesses, activities, or practices:
- Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the BlockQuake Services.
- Charities: Acceptance of donations for nonprofit enterprise.
- Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize.
- Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization.
BlockQuake reserves the right to approve or deny your use of the BlockQuake Services for the Conditional Uses in our sole discretion.
Section 12: VERIFICATION PROCEDURES AND LIMITS
As a regulated financial service company operating in the United States, we are required to identify users on our platform. This ensures we remain in compliance with KYC/AML laws. BlockQuake collects and verifies information about you to protect BlockQuake and the community from fraudulent users, and to keep appropriate records of BlockQuake’s customers.
All customers (individual and institutional) who wish to use BlockQuake Services are required to establish a BlockQuake Account by:
- Providing your name and valid email address, a password and your state/province/region and country of residence;
- Certifying that you are 18 years or older;
For Individual Accounts
- Verifying your identity by submitting the following information:
- Legal Name
- Date of Birth
- Physical address
- Tax or government ID Number
- Source of funds (where applicable)
- Income/employment information (where applicable)
- Explanation of activity (where applicable)
- Submitting a copy of an acceptable form of Proof of Identity (i.e. passport, driver’s license, identification card or other valid (unexpired) Government Issued Identification that includes a photo), and
- Submitting a copy of an acceptable form of Proof of Address dated within 90 days (i.e. an Employer pay stub, showing your complete name, address and TaxID# or a telephone or other utility bill showing your complete name and address)
For Institutional Accounts:
- Submitting required Company details including, but not limited to, Legal name; industry; business activities; jurisdiction of formation or incorporation; proof of legal existence (articles of incorporation, valid business license, trust implement or other comparable legal document(s)); employer identification number or other government(s) issued numbers (tax identification number).
- Proof of Identity & Proof of Address for each key company personnel who is authorized to enter into a contract that will legally bind the company, as well as all account signatories and beneficial owners/entities.
Notwithstanding these minimum verification procedures for the referenced BlockQuake Services, BlockQuake may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any BlockQuake Services.
Section 13: E-SIGN DISCLOSURE AND CONSENT
13(a) Electronic Delivery of Communications
This policy describes how BlockQuake delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your BlockQuake Account(s) and your use of BlockQuake Services. Communications include:
- Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
- Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
- Responses to claims or customer support inquiries filed in connection with your BlockQuake Account.
We will provide these Communications to you by posting them on the BlockQuake website, emailing them to you at the primary email address listed in your BlockQuake profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
You may withdraw your consent to receive electronic communications by writing to us at “Attn: E-Sign Disclosure and Consent Notice, BlockQuake, 110 Wall Street, New York, New York 10005, USA,” or by contacting our support team via email.. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use the BlockQuake Services.
13(b) Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
- A device with an Internet connection;
- A current web browser that includes 128-bit encryption with cookies enabled;
- A valid email address (your primary email address on file with BlockQuake); and
- Sufficient storage space to save past communications or an installed printer to print them.
13(c) Updating your Information
It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if BlockQuake sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, BlockQuake will be deemed to have provided the Communication to you.
You may update your information by contacting our support team.