This Agreement was last modified on November 4, 2022.
This is a User Agreement between you (also referred to herein as “Client,” “User,” or customer) and CBRICKSDATA INTERNATIONAL LTD. (`CryptoBricks`). This User Agreement (`Agreement`) governs your use of the services provided by CryptoBricks described below (`$CryptoBricks Services` or `$Services`). By signing up to use an account through crypto-bricks.xyz, crypto-bricks.io, APIs, or the CryptoBricks mobile application (collectively the `$CryptoBricks Site`), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including Section 8.2. $"Arbitration; Waiver of Class Action$", as well as our Privacy Policy, Cookie Policy, and E-Sign Consent Policy.
As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition. CryptoBricks is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or in U.S. persons.
1. Account Setup
1.1. Eligibility. To be eligible to use the CryptoBricks Services, you must be at least 13 years old.
1.2. Terms. We may amend or modify this Agreement at any time by posting the revised agreement on the CryptoBricks Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. 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 such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account.
1.3. Registration of CryptoBricks Account. You must register for a CryptoBricks account to use the CryptoBricks Services ($CryptoBricks Account). By using a CryptoBricks Account you agree and represent that you will use CryptoBricks only for yourself, and not on behalf of any third party, unless you have obtained prior approval from CryptoBricks. You are fully responsible for all activity that occurs under your CryptoBricks Account. We may, in our sole discretion, refuse to open a CryptoBricks Account, or limit the number of CryptoBricks Accounts that you may hold or suspend or terminate any CryptoBricks Account or the trading of specific Digital Currency in your account.
1.4. Access. To access the CryptoBricks Services, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The CryptoBricks Services can be accessed directly using the CryptoBricks Site. Access to CryptoBricks Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to claim for periods of time and may also lead to support response time delays. Although we strive to provide you with excellent service, we do not represent that the CryptoBricks Site or other CryptoBricks Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. CryptoBricks shall not be liable for any losses resulting from or arising out of transaction delays.
2. Wallet and Custodial Services
2.1 Wallet Services. As part of your CryptoBricks Account, CryptoBricks will provide qualifying users access to: (a) a hosted Digital Currency wallet(s) for holding Digital Currencies (“Digital Currency Wallet”).
2.2 Hosted Digital Currency Wallet. Your Digital Currency Wallet allows you to store, track, transfer, and manage your balances of Digital Currency. As used throughout, `$Digital Currency` means only those particular digital currencies listed as available to trade or custody in your CryptoBricks Account (also referred to as “Supported Digital Currency”). Services and supported assets may vary by jurisdiction. We securely store Digital Currency private keys, which are used to process transactions, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate a Digital Currency Transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or credit of such Digital Currency Transfers. You may elect to use other services, such as the ZilPay, Moonlet, or Atomic wallets, which allow you the custody and transfer of your Digital Currency. Additional rules associated with the such product(s) and service(s) may apply.
2.3 Supported Digital Currencies. Your CryptoBricks Account is intended solely for proper use of Supported Digital Currencies as designated on the Site. Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive any assets other than Supported Digital Currencies. CryptoBricks assumes no responsibility in connection with any attempt to use your Digital Currency Wallet with digital currencies that we do not support.
2.4 Supplemental Protocols Excluded. Unless specifically announced on the CryptoBricks Site or other official public statement of CryptoBricks, Supported Digital Currencies excludes all other protocols and/or functionality that supplement or interact with the Supported Digital Currency. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivatives, enhanced, or forked protocols, tokens, or coins, or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Digital Currency we support. Do not use your CryptoBricks Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as CryptoBricks is not configured to detect, secure, or process these transactions and functionality. Any attempted transactions on such items will result in the loss of the item. You acknowledge and agree that supplemental protocols are excluded from Supported Digital Currency and that CryptoBricks has no liability for any losses related to supplemental protocols.
2.5 Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currency supported 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. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Currency you store in your Digital Currency Wallet. CryptoBricks 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 CryptoBricks in determining whether to continue to use a CryptoBricks Account for the affected Digital Currency. In the event of any such operational change, CryptoBricks reserves the right to takes such steps as may be necessary to protect the security and safety of assets held on the CryptoBricks platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps; CryptoBricks will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of CryptoBricks’s control and may occur without notice to CryptoBricks. CryptoBricks’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 acknowledge and accept the risks of operating changes to Digital Currency protocols and agree that CryptoBricks is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that CryptoBricks 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.
2.6 Digital Currency Custody and Title. All Digital Currencies held in your Digital Currency Wallet are custodial assets held by CryptoBricks for your benefit, as described in further detail below.
2.6.1 Ownership. Title to Digital Currency shall at all times remain with you and shall not transfer to CryptoBricks. As the owner of Digital Currency in your Digital Wallet, you shall bear all risk of loss of such Digital Currency. CryptoBricks shall have no liability for Digital Currency fluctuations. None of the Digital Currencies in your Digital Currency Wallet are the property of, or shall or may be loaned to, CryptoBricks; CryptoBricks does not represent or treat assets in User’s Digital Currency Wallets as belonging to CryptoBricks. CryptoBricks may not grant a security interest in the Digital Currency held in your Digital Currency Wallet. Except as required by a facially valid court order, or except as provided herein, CryptoBricks will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Digital Currency Wallet unless instructed by you.
2.6.2 Control. You control the Digital Currencies held in your Digital Currency Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address. As long as you continue to custody your Digital Currencies with CryptoBricks, CryptoBricks shall retain control over electronic private keys associated with blockchain addresses operated by CryptoBricks, including the blockchain addresses that hold your Digital Currency.
2.6.3 Acknowledgement of Risk. You acknowledge that Digital Currency is not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
2.6.4 Digital Currencies Not Segregated. In order to more securely custody assets, CryptoBricks may use shared blockchain addresses, controlled by CryptoBricks, to hold Digital Currencies held on behalf of customers and/or held on behalf of CryptoBricks. Although we maintain separate ledgers for Client and CryptoBricks accounts, CryptoBricks shall have no obligation to segregate by blockchain address Digital Currencies owned by you from Digital Currencies owned by other customers or by CryptoBricks.
3. Payment Services, Purchase & Sale Transactions, Credit Transactions
3.1. Fees. In general, CryptoBricks makes money when you claim a digital currency on our Site. By using CryptoBricks Services you agree to pay all applicable fees. CryptoBricks reserves the right to adjust its pricing and fees and any applicable waivers at any time. We will always notify you of the pricing and fees which apply to your transaction when you authorize the transaction and in each receipt we issue to you. We may charge network fees (miner fees) to process a Digital Currency Transaction on your behalf. We will calculate the network fee at our discretion, although we will always notify you of the network fee at or before the time you authorize the Digital Currency Transaction.
3.2. Unauthorized and Incorrect Transactions. When a Digital Currency occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible either by email free of charge at [email protected]. It is important that you regularly check your Digital Currency Wallet balances and your transaction history regularly to ensure you notify us as soon as possible of any unauthorized or incorrect transactions too. We are not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this section.
3.3. Account Information. You will be able to see your Digital Currency Wallet balances using the CryptoBricks Site. You can also see your transaction history using the CryptoBricks Site, including (i) the amount (and currency) of each Digital Currency Transaction, (ii) a reference to the identify of the payer and/or payee (as appropriate), (iii) any fees charged.
3.4. Consent to access, processing, and storage of your personal data. You consent to us accessing, processing, and retaining any personal information you provide to us for the purpose of us providing CryptoBricks Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information for other purposes. Please see our Privacy Policy for further information about how we process your personal data, and the rights you have in respect of this.
3.5. Reversals & Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, if your payment method has insufficient funds, or if you reverse a payment made from funds in other accounts, you authorize CryptoBricks, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including Digital Currency Wallet balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdrafts, non-sufficient funds (NSF), or similar fees charged. We reserve the right to refuse to process, or to cancel or reverse, any Digital Currency Transaction in our sole discretion, even after funds have been debited from your account(s), if we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if we reasonably suspect that the transaction is erroneous; or if CryptoBricks suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, CryptoBricks will reverse the transaction and we are under no obligation to allow you to reinstate it on the same terms as the cancelled transaction.
3.6. Payment Services Partners. CryptoBricks may use a third party payment processor to process any US Dollar payment between you and CryptoBricks, including but not limited to payments in relation to your use of the Digital Currency Transactions or deposits or withdrawals from your CryptoBricks Account.
4. Digital Currency Transfers
4.1. In General. Your Digital Currency Wallet enables you to send Supported Digital Currency to, and request, receive, and store Supported Digital Currency from, third parties by giving instructions through the CryptoBricks Site. Your transfer of Supported Digital Currencies between your other digital currency wallets (including wallets off the CryptoBricks Site) and to and from third parties is a “Digital Currency Transfer”.
4.2. Pending Transactions. Once a Digital Currency Transfer is submitted to a Digital Currency network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to confirmation of the transaction by the Digital Currency network. A Digital Currency Transfer is not complete while it is in a pending state. Pending Digital Currency Transfers that are initiated from a CryptoBricks Account will reflect a pending transaction status and are not available to you for use on the CryptoBricks platform or otherwise while the transaction is pending.
4.3. Inbound Digital Currency Transfers. When you or a third party sends Digital Currency to a CryptoBricks wallet from an external wallet not hosted on CryptoBricks (“Inbound Transfers”), the person 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 in order for the transaction to be successful. Insufficient network fees may cause an Inbound Transfer to remain in a pending state outside of CryptoBricks’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions. By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Currency which conforms to the particular CryptoBricks wallet into which funds are directed. For example, if you select an Zilliqa wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Zilliqa alone, and not any other currency such as Bitcoin. CryptoBricks Incurs no obligation whatsoever with regard to unsupported digital currency sent to a CryptoBricks Account or Supported Digital Currency sent to an incompatible Digital Currency wallet. Erroneously transmitted funds will be lost. We recommend customers send a small amount of Supported Digital Currency as a test prior to initiating a send of a significant amount of Supported Digital Currency. CryptoBricks may from time to time determine types of Digital Currency that will be supported or cease to be supported.
4.4. Outbound Digital Currency Transfers. When you send Digital Currency from your CryptoBricks Account to an external wallet (“Outbound Transfers”), such transfers are executed at your instruction by CryptoBricks. You should verify all transaction information prior to submitting instructions to us. CryptoBricks 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 an Outbound Transfer. Digital Currency Transfers cannot be reversed once they have been broadcast to the relevant Digital Currency network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. CryptoBricks does not control the Digital Currency network and makes no guarantees that a Digital Currency Transfer will be confirmed by the network. We may refuse to process or cancel any pending Outbound Digital Currency Transfers as required by law or any court or other authority to which CryptoBricks 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 CryptoBricks Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.5. Transfers to a Recipient Email Address. CryptoBricks allows you to initiate a Digital Currency Transfer to a CryptoBricks customer by designating that customer’s email address. If you initiate a Digital Currency Transfer to an email address, and the recipient does not have an existing CryptoBricks Account, we will invite the recipient to open a CryptoBricks Account. If the recipient does not open a CryptoBricks Account within 30 days, we will return the relevant Digital Currency to your Digital Currency Wallet.
4.6. 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 CryptoBricks Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised 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 CryptoBricks Digital Currency Services, 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 notify CryptoBricks Support at [email protected] so that we may consider what action to take, if any.
4.7. Debts. In the event that there are outstanding amounts owed to us hereunder, including in your CryptoBricks Account, CryptoBricks reserves the right to debit your CryptoBricks Account accordingly and/or to withhold amounts from funds you may transfer from your CryptoBricks Account.
5. Additional Services
5.1. Generally. In addition to the Services above, the following services (`Additional Services`) may be made available by CryptoBricks to users that fulfill certain eligibility criteria.
5.2 Tax Treatment. The tax treatment of certain Digital Currency transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from these transactions. Users are solely responsible for reporting and paying any applicable taxes arising from CryptoBricks services and all related transactions, and acknowledge that CryptoBricks does not provide investment, legal, or tax advice to you in connection with such election to participate. You should conduct your own due diligence and consult your advisors before making any investment decision including whether to participate in staking and related transactions.
6. Data Protection and Security
6.1. Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the CryptoBricks Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, which is available here, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.
6.2. Security Breach. If you suspect that your CryptoBricks 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 (including a cyber-security attack) affecting you and/or CryptoBricks (together a `$Security Breach`), you must notify CryptoBricks Support as soon as possible by email free of charge at [email protected] and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
7. General Use, Prohibited Use, Death of Account Holder and Termination
7.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the CryptoBricks Services, CryptoBricks Site, and related content, materials, information (collectively, the `$Content`) solely for purposes approved by CryptoBricks from time to time. Any other use of the CryptoBricks Site or Content is expressly prohibited and all other right, title, and interest in the CryptoBricks Services, CryptoBricks Site or Content is exclusively the property of CryptoBricks 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 CryptoBricks. `$crypto-bricks.xyz`, `$CryptoBricks`, and all logos related to the CryptoBricks Services or displayed on the CryptoBricks Site are either trademarks or registered marks of CryptoBricks or its licensors. You may not copy, imitate or use them without CryptoBricks`$'`s prior written consent.
7.2. Website Accuracy. Although we intend to provide accurate and timely information on the CryptoBricks Site, the CryptoBricks 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 CryptoBricks 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 CryptoBricks 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 CryptoBricks Site,
7.3. Promotions. From time to time, CryptoBricks may make available special offers or conduct promotions for qualifying customers. Subject to applicable laws, CryptoBricks or the issuer of a Digital Currency subject to an offer or promotion may establish qualifying criteria to participate in any special promotion its sole discretion. CryptoBricks may revoke any special offer at any time without notice. Once Digital Currency has been deposited in a user’s Digital Currency Wallet, that Digital Currency becomes the property of the CryptoBricks user with all applicable property rights, including those noted in Section 2.2 of this Agreement. CryptoBricks shall have no obligation to make special offers available to all customers. CryptoBricks makes no recommendation and does not provide any advice about the value or utility of any Digital Currency subject to a promotion.
7.3.1. New User Incentives. CryptoBricks’s New User Incentives are available exclusively to new users who have not previously verified their ID. New User Incentives will appear in a new user’s account following CryptoBricks’s verification of such user’s identification. CryptoBricks will verify a user’s identification based on its internal guidelines and governing regulations, in its sole discretion. New User Incentives are subject to the user agreement and are not guaranteed, even upon successful verification of a user’s identification. New users who were referred to CryptoBricks through the Referral Program or who have previously opened an account using different contact information are ineligible to receive New User Incentives. CryptoBricks may update the conditions for eligibility at any time, in its sole discretion.
7.4. Third-Party Applications. If, to the extent permitted by CryptoBricks from time to time, you grant express permission to a third party to access or connect to your CryptoBricks Account(s), either through the third party$'s product or service or through the CryptoBricks 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 CryptoBricks Account(s). Further, you acknowledge and agree that you will not hold CryptoBricks responsible for, and will indemnify CryptoBricks from, any liability arising out of or related to any act or omission of any third party with access to your CryptoBricks Account(s). You may change or remove permissions granted by you to third parties with respect to your CryptoBricks Account(s) at any time through the tabs on the Account Settings page on the CryptoBricks Site.
7.5. Prohibited Use. In connection with your use of the CryptoBricks 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 CryptoBricks Account(s) 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.
7.6. Suspension, Termination, and Cancellation. CryptoBricks may: (a) suspend, restrict, or terminate your access to any or all of the CryptoBricks Services, and/or (b) deactivate or cancel your CryptoBricks Account(s) if: (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using your CryptoBricks Account(s) in connection with a Prohibited Use or Business; (iii) use of your CryptoBricks Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) our service partners are unable to support your use; (v) you take any action that CryptoBricks deems as circumventing CryptoBricks's controls, including, but not limited to, opening multiple CryptoBricks Accounts or abusing promotions which CryptoBricks may offer from time to time. If CryptoBricks suspends or closes your account, or terminates your use of CryptoBricks Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits CryptoBricks from providing you with such notice. You acknowledge that CryptoBricks`$\``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 CryptoBricks`s risk management and security protocols. You agree that CryptoBricks is under no obligation to disclose the details of its risk management and security procedures to you. You not will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Currency Wallet(s) after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your CryptoBricks Account(s) at any time by withdrawing all balances and visiting https://www.crypto-bricks.xyz/settings. You will not be charged for canceling your CryptoBricks Account(s), although you will be required to pay any outstanding amounts owed to CryptoBricks. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
7.7. 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 CryptoBricks Account and during this time, no transactions may be completed until:(i) your designated fiduciary has opened a new CryptoBricks Account, as further described below, and the entirety of your CryptoBricks 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 CryptoBricks 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 CryptoBricks 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 CryptoBricks Account. Pursuant to the above, the opening of a new CryptoBricks Account by a designated fiduciary is mandatory following the death of a CryptoBricks Account owner, and you hereby agree that your fiduciary will be required to open a new CryptoBricks Account and provide the information required under Section 2 of this Agreement in order to gain access to the contents of your CryptoBricks Account.
7.8. Unclaimed Property. If CryptoBricks is holding funds in your account, and CryptoBricks is unable to contact you and has no record of your use of the Services for several years, applicable law may require CryptoBricks to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, CryptoBricks will try to locate you at the address shown in our records, but if CryptoBricks is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.
7.9. Relationship of the Parties. CryptoBricks is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and CryptoBricks to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or CryptoBricks to be treated as the agent of the other.
7.10. Privacy of Others; Marketing. If you receive information about another user through the CryptoBricks Services, you must keep the information confidential and only use it in connection with the CryptoBricks Services. You may not disclose or distribute a user`$'`s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user`$'`s express consent to do so. You may not send unsolicited email to a user through the CryptoBricks Services.
7.11. Password Security; Contact Information. You are responsible for creating a strong passphrase 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 CryptoBricks Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your CryptoBricks Account(s) by third-parties and the loss or theft of any Digital Currency and/or funds held in your CryptoBricks Account(s) and any associated accounts. You are responsible for keeping your email address 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 CryptoBricks Account. CryptoBricks will never under any circumstances ask you for your IDs, 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 CryptoBricks and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your CryptoBricks Account(s) information has been compromised, contact CryptoBricks Support immediately at [email protected].
7.12. Developer Tools. If you use developer features of the Services and any other resources or services available at https://crypto-bricks.xyz/developers/docs (the “Developer Services”), you must separately agree to our Developer Agreement upon registering your application with CryptoBricks.
7.13. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the CryptoBricks Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your CryptoBricks Account(s).
7.14. No Investment Advice or Brokerage. For the avoidance of doubt, CryptoBricks does not provide investment, tax, or legal advice, nor does CryptoBricks broker trades on your behalf. All CryptoBricks 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. CryptoBricks may provide educational information about Supported Digital Currency, as well as Digital Currency not supported by CryptoBricks, 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 this website or any 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. CryptoBricks 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. CryptoBricks will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by CryptoBricks.
8. Customer Feedback, Queries, Complaints, and Dispute Resolution
8.1. Contact CryptoBricks. If you have feedback, or general questions, contact us via our Customer Support at [email protected]. When you contact us please provide us with your name, e-mail address, and any other information we may need to identify you, your CryptoBricks Account(s), and the transaction on which you have feedback or questions. CryptoBricks requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent for service of process.
8.2. Formal Complaint Process. If you have a dispute with CryptoBricks (a “Complaint”), you agree to contact CryptoBricks through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the CryptoBricks support team, you and we agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps.
8.2. CryptoBricks Response. We will acknowledge receipt of your Complaint form after you submit it. A CryptoBricks customer relations agent (`$Agent`) will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in the possession of CryptoBricks. Within 45 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an e-mail (`$Resolution Notice`) in which the Agent will: (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 the Agent is unable to respond to your Complaint within 45 business days for reasons beyond CryptoBricks`$‘`s control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 60 business days from our receipt of your Complaint form.
8.3. Arbitration; Waiver of Class Action. If we cannot resolve the dispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the CryptoBricks Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association`$'`s rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. 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 (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON`$'`S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND CryptoBricks ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator imposes filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator`$'`s rules or applicable law.
9. General Provisions
9.1. 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 attacks. 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 CryptoBricks. Always log into your CryptoBricks Account(s) through the CryptoBricks Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
9.2. Release of CryptoBricks; Indemnification. If you have a dispute with one or more users of the CryptoBricks Services, you release CryptoBricks, 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 CryptoBricks, 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.
9.3. Limitation of Liability; No Warranty. IN NO EVENT SHALL CRYPTOBRICKS, 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 CRYPTOBRICKS 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 CRYPTOBRICKS SITE OR THE CRYPTOBRICKS SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CRYPTOBRICKS 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 CRYPTOBRICKS’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 CRYPTOBRICKS 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 CRYPTOBRICKS 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, CRYPTOBRICKS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. CRYPTOBRICKS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE CRYPTOBRICKS SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. CRYPTOBRICKS 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 CRYPTOBRICKS SERVICES AND CRYPTOBRICKS SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT CRYPTOBRICKS 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. CryptoBricks makes no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the CryptoBricks Site. CryptoBricks 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 CryptoBricks makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 9.3 are intended to apply only to the extent permitted under New Jersey law.
9.4. Entire Agreement. This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and CryptoBricks as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and CryptoBricks. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
9.5. Amendments. We may amend or modify this Agreement by posting on the CryptoBricks 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 CryptoBricks Services, or suspension or termination of your access to the CryptoBricks 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.
9.6. Assignment. 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 CryptoBricks affiliates or subsidiaries, or to any successor in interest of any business associated with the CryptoBricks Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and insure to the benefit of the parties, their successors and permitted assigns.
9.7. Severability. 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.
9.8. Change of Control. In the event that CryptoBricks 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.
9.9. Survival. 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, CryptoBricks Account cancellation, debts owed to CryptoBricks, general use of the CryptoBricks Site, disputes with CryptoBricks, and general provisions, shall survive the termination or expiration of this Agreement.
9.10. Governing Law. You agree that the laws of the State of California, 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 CryptoBricks, except to the extent governed by federal law.
9.11. 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 terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
9.12. 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.
APPENDIX 1: Prohibited Use, Prohibited Businesses and Conditional Use
Prohibited Use
You may not use your CryptoBricks 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 CryptoBricks Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at [email protected]. By opening a CryptoBricks Account, you confirm that you will not use your Account to do any of the following:
• Abuse Other Users: Interfere with another individual`$'`s or entity$'s access to or use of any CryptoBricks 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; harvest or otherwise collect information from the CryptoBricks Site about others, including without limitation email addresses, without proper consent
• Fraud: Activity which operates to defraud CryptoBricks, CryptoBricks users, or any other person; provide any false, inaccurate, or misleading information to CryptoBricks
• Unlawful Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance that are not sanctioned by a governmental body or regulatory authority
• 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 CryptoBricks intellectual property, name, or logo, including use of CryptoBricks trade or service marks, without express consent from CryptoBricks or in a manner that otherwise harms CryptoBricks or the CryptoBricks brand; any action that implies an untrue endorsement by or affiliation with CryptoBricks
Prohibited Businesses
By opening a CryptoBricks Account, you confirm that you will not use CryptoBricks Services in connection with any of 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)
• Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
• 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
Conditional Use
Express written consent and approval from CryptoBricks must be obtained prior to using CryptoBricks Services for the following categories of business and/or use (`$Conditional Uses`). Consent may be requested by contacting us at [email protected]. CryptoBricks may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use CryptoBricks Services in connection with any of following businesses, activities, or practices:
• Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the CryptoBricks Services
• Charities: Acceptance of donations for nonprofit enterprise
• Games of Skill: Games that are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize
• Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization
APPENDIX 2: E-Sign Disclosure and Consent
This policy describes how CryptoBricks delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, `$Communications`) that we provide in connection with your CryptoBricks Account(s) and your use of CryptoBricks Services. Communications include
• Terms of use and policies you agree to (e.g., the CryptoBricks User Agreement and Privacy Policy), including updates to these agreements or policies;
• 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 Account.
We will provide these Communications to you by posting them on the CryptoBricks website, emailing them to you at the primary email address listed in your CryptoBricks profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
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 (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above)
• A valid email address (your primary email address on file with CryptoBricks); and
• Sufficient storage space to save past Communications
How to Withdraw Your Consent
You may withdraw your consent to receive communications electronically by contacting us at [email protected]. If you fail to provide or if you withdraw your consent to receive communications electronically, CryptoBricks reserves the right to immediately close your Account or charge you additional fees for paper copies.
It is your responsibility to provide us with a true, accurate, and complete e-mail address, and to keep such information up to date. You understand and agree that if CryptoBricks 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 communication, CryptoBricks will be deemed to have provided the communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at [email protected].