Cryptospace Terms of Service
Your use of the Site is subject to this Agreement, and is conditional on you complying with the provisions of this Agreement and applicable law. You understand that any violation of this Agreement or applicable law may result in potential consequences, including the possible loss or forfeiture of your cryptocurrency held by us. You understand that sending cryptocurrencies to another User automatically transfers and assigns to that User, ownership of the cryptocurrency.
Applicable Laws and Regulations
Your use of the Site is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering (“AML”) and counter-terrorist financing (“CTF”) provisions. You unequivocally agree and understand that by using the Site in any capacity, you will act in compliance with and be legally bound by this Agreement, and all applicable laws and regulations (including, without limitation, those stated in this Section 2, where applicable). For the avoidance of doubt, continued use of the Site and our obligations to you under this Agreement are conditional on your continued compliance at all times with this Agreement and all applicable laws and regulations.
The Site is currently only available to individuals and institutions located in supported jurisdictions. Use of the Site may have further eligibility requirements that will need to be verified prior to you registering a Cryptospace Account and using certain parts of the Site.
By accessing or using the Site, you further represent and warrant that:
you are neither a Restricted Person nor a resident of a Restricted Territory (each as defined in Section 22); and
you will not be using the Site for any illegal activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, terrorism financing, other violent activities or any prohibited market practices.
You also understand that there are additional representations and warranties made by you in Section 4 (Registration Process; Identity Verification) and Section 22 (Legal Compliance) and that any misrepresentation by you is a violation of this Agreement.
If we determine that you have violated this Agreement, including, but not limited to, transacting with blacklisted accounts or engaging in Restricted Activities or Prohibited Transactions then we may be forced to take whatever action it deems necessary, including, but not limited to suspending your access to the Site, closing your Cryptospace Account, and freezing or confiscating your cryptocurrency.
Notwithstanding the foregoing, we may determine not to make the Site, in whole or in part, available in every market, in its discretion, or due to legal or regulatory requirements, depending on the User’s location. We may without liability to you or any third party refuse to let you access the entire Site or register a Cryptospace Account.
Registration Process; Identity Verification
Important Information About Procedures for Conducting Transactions
To help the government fight the funding of terrorism and money laundering activities, federal law may require us to obtain, verify, and record information that identifies each person who conducts a transaction involving the sale or exchange of virtual currencies.
What this means for you
When you conduct a transaction with us, we may ask for your name, address, date of birth, and other information that will allow us to identify you, including your Social Security number. We may also ask to see your driver’s license or other identifying documents.
When registering your Cryptospace Account, you must provide current, complete, and accurate information for all required elements on the registration page, including your full legal name. You also agree to provide us, and on an ongoing basis, any additional information that we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including, but not limited to, a copy of your government issued photo ID or evidence of residency such as a lease or utility bill. You permit us to keep a record of such information for at least 5 years from the date of your most recent transaction and authorize us to make the inquiries, whether directly or through third parties that we consider necessary to verify your identity or protect you and us against fraud or other financial crime.
In certain circumstances, we may require you to submit additional information about yourself or your business, provide records, and complete other verification steps (such process, “Enhanced Due Diligence”). You represent and warrant that any and all information submitted to us through the Site pursuant to this Agreement is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible.
From time to time we may be required to request further information regarding your transactions in order to comply with applicable laws and regulation. Failure to provide such information in a timely fashion may result in the suspension of your ability to use the Site (until you provide such information) and/or the closure of your Cryptospace Account.
Security of User Information
You are responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs) and mobile unlock codes that you use to access the Site. You are responsible for keeping your email address up to date in your Cryptospace Account profile and for maintaining the confidentiality of your user information. You agree to (i) notify us immediately if you become aware of any unauthorized use of your Cryptospace Account. We strongly advise you to enable all relevant security features such as two-factor authentication, as available: this offers you greater protection from possible attackers attempting to log in to your Cryptospace Account than password alone and in situations where your email and/or password is compromised by a third-party data breach. We will not be liable for any loss or damage arising from your failure to protect your account information.
We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software.
Account Suspension & Closure
We may without liability to you or any third party, suspend your Cryptospace Account, consolidate your Cryptospace Accounts if you have more than one, or terminate your Cryptospace Account or suspend your use of the Site, as determined in our sole and absolute discretion. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify you, a court order, your violation of the terms of this Agreement or for other similar reasons. This may result in your loss or forfeit of the cryptocurrency in your Cryptospace Account. We may also temporarily suspend access to your Cryptospace Account or the Site if a technical problem causes system outage or Cryptospace Account errors.
You may terminate this Agreement at any time by closing your Cryptospace Account. To do so, you should contact us, and we will assist you in closing your Cryptospace Account. You may not close your Cryptospace Account if we believe, in our sole discretion, that such closure is being performed to evade a court order or legal or regulatory investigation. We reserve the right to restrict or refuse to permit redemptions or transfers from your Cryptospace Account if (i) your Cryptospace Account has otherwise been suspended or unilaterally closed by us in accordance with this Agreement or (ii) to do so would be prohibited by law or a court order or we determine that the cryptocurrency were obtained fraudulently.
Upon closure or suspension of your Cryptospace Account, you authorize us to cancel or suspend pending transactions and forfeit all proprietary rights and claims against us in relation to any digital dollars. In the event that you or we terminate this Agreement or your access to the Site, you remain liable for all activity conducted on or with your Cryptospace Account while it was active and for all amounts due hereunder.
If you are seeking to close a Cryptospace Account on behalf of a deceased User, please contact firstname.lastname@example.org.
Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to our Copyright Agent:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Ernesto Huerta, who can be reached as follows:
- By Mail: 613 S Mesa St, San Pedro, CA 90731
- By Phone: 310.981.6973
- By E-mail: email@example.com
We reserve the right to change the cryptocurrency conversion and velocity limits on your Cryptospace Account as we deem necessary. We may establish individual or aggregate transaction limits on the size or number of transactions or conversions you make during any specified time period. If these limits are exceeded, we will request additional information from you as a part of our risk-based Anti-Money Laundering Program.
Right to Change/Remove Features or Suspend/Delay Transactions
We reserve the right to change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any transactions without prior notice and we may limit or suspend your use of your Cryptospace Account or one or more features of the Site at any time, at our sole discretion. Suspension of your use of your Cryptospace Account or any of the features of the Site will not affect your rights and obligations pursuant to this Agreement. We may, in our sole discretion, delay transactions if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement.
In connection with your use of the Site, you hereby agree that you will not:
violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
intentionally try to defraud (or assist in the defrauding of) us or other Users;
provide false, inaccurate, or misleading information;
take any action that interferes with, intercepts, or expropriates any system, data, or information;
partake in any transaction involving the proceeds of illegal activity;
transmit or upload any virus, worm, or other malicious software or program;
attempt to gain unauthorized access to other Cryptospace Accounts, the Site, or any related networks or systems;
use the Site on behalf of any third party or otherwise act as an intermediary between us and any third parties;
collect any user information from other Users, including, without limitation, email addresses;
defame, harass, or violate the privacy or intellectual property rights of us or any other Users; or
upload, display or transmit any messages, photos, videos or other media that contain illegal or copyrighted images or materials (such activities, “Restricted Activities”).
Using the Site related to the following is prohibited, and we reserve the right to monitor for payments or transactions that relate to:
any Restricted Persons or persons or entities located in Restricted Territories (as each term is defined in Section 22);
any of the Restricted Activities listed in Section 11;
money-laundering or terrorist financing;
any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program;
goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit;
any activities that we have reason to believe are illegal in the United States; or
any other matters, goods, or services that from time to time we communicate to you that are unacceptable and which, for example, may be restricted by our and your bank or payment partners (such transactions, “Prohibited Transactions”).
In the event that we learn you are making any such Prohibited Transactions, we will consider it to be a violation of this Agreement and may suspend or terminate your access to the Site.
If an Unauthorized Transaction (as defined below) or Error (as defined below) occurs through your Cryptospace Account, and you will follow the procedures set forth in this Section 13.
Notifying Us of an Unauthorized Transaction or Error
You should notify us immediately if you believe that (i) an unauthorized transaction or error has occurred, (ii) your password and/or two-factor authentication access has been compromised, (iii) a device on which you an active session of the Site that has been stolen or lost, or (iv) you believe there is an error in your transaction records or account history, or you have a question regarding your transaction records or account history. You agree to notify us within fifteen (15) days of such unauthorized transaction or error showing up in your transaction history and/or account statement.
The fastest and most efficient way to notify us of an unauthorized transaction or error is to contact Support via email at firstname.lastname@example.org. In the email, you must include: (i) the name and email associated with your Cryptospace Account, (ii) a detailed description of what unauthorized transaction or error you believe occurred, or what information you need in order to determine if an unauthorized transaction or error occurred, and (iii) the amount in US Dollars of such unauthorized transaction or error.
Note that in connection with investigating and/or resolving any unauthorized transaction or error, we may need to request further information from you regarding the circumstances of the unauthorized transaction or error. If you do not provide such additional information, it may inhibit our ability to resolve your issue.
You agree to indemnify and hold us, our affiliates, and service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of the Site.
For the purpose of this Section 14, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section that are the result of the matters set out in this Section 14 and that may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
If you have a dispute with one or more Users or third parties, you release us (and our affiliates and service providers, and each of their officers, directors, agents, joint ventures, 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 dispute.
Limitation of Liability; No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR “EXEMPLARY” OR “PUNITIVE” DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND CLOSE YOUR CRYPTOSPACE ACCOUNT WITH US.
THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
We shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.
We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Site after the initial posting of the revised Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Site. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement.
Assignment and Third-Party Holders
You may not transfer or assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise and any such attempted assignment shall be void, subject to the following exception. We reserve the right to freely assign this Agreement and the rights and obligations of this Agreement to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using the Site and terminate this Agreement by contacting support at email@example.com.
Upon termination of your Cryptospace Account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
Website; Third Party Content
We strive to provide accurate and reliable information and content on the Site, but such information may not always be correct, complete, or up to date. We will update the information on the Site as necessary to provide you with the most up to date information, but you should always independently verify such information. The Site may also contain links to third-party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by us of any products or services. We shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Site or in any Third Party Content.
Limited License; IP Rights
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the Site solely for approved purposes as determined by us. Any other use of the Site is expressly prohibited. We and our licensors reserve all rights in the Site and you agree that this Agreement does not grant you any rights in or licenses to the Site except for the limited license set forth above. Except as expressly authorized by us, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Site may be terminated pursuant to this Agreement. All right, title, and interest in and to the Site, and all technology and any content created or derived from it is the exclusive property of us and our licensors.
Use of the Site and your Cryptospace Account may be subject to United States Export Administration Regulations, and, by using the Site and your Cryptospace Account, you represent and warrant that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Site if (i) you are a resident, national or agent of Cuba, North Korea, Sudan, Syria or any other country to which the United States embargoes goods, or are located in such a country (such countries being “Restricted Territories”), (ii) you are on the Table of Denial Orders or the List of Specially Designated Nationals (such table and lists, “Restricted Persons”), or (iii) you intend to transact with any Restricted Territories or Restricted Persons.
Governing Law; Venue
The laws of Delaware and applicable United States federal law, shall govern this Agreement. Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in the county of San Pedro, California.
Questions? Concerns? Suggestions?
Please contact firstname.lastname@example.org to report any violations of this Agreement or to ask any questions regarding this Agreement or the Site.