USER AGREEMENT (PAGE 1)
Last updated: May 2024
This is a User Agreement (in two web pages) between you, whether personally or on behalf of any entity (“you,” “user,” and “your”) and AcloudBank Labs LLC ("AcloudBank Labs," “we,” “us,” and “our”). This User Agreement ("Agreement" or “User Agreement”) governs your access to and use of all content, functionality, features, software mechanics, products and services offered by us, including without limitation self-custody wallets, bridge services to connect blockchains to one another, the generation and/or distribution of digital tokens, the implementation or launch of a blockchain or blockchains and our activities associated with such blockchain or blockchains, the provision of services to facilitate blockchain operating mechanics and such other products and services that we may offer from time to time ("AcloudBank Labs Services" or "Services") available on or through, exclusively or non-exclusively, the top level domain acloudbank.com, any sub-domain of such top level domain (including without limitation portal.acloudbank.com), and any other website, web application, mobile application or API operated by us (collectively, the “Site”), and is a binding agreement between you and us. Acloudbank, we, us or our By accessing or using AcloudBank Labs Services or the Site, including without limitation any action by you that may result in you receiving, holding, transferring, using or dispensing any Digital Asset as defined below, you agree that you have read, understand, accept and agree to be bound by all of the terms and conditions contained in this Agreement including our >> Privacy Policy, page 2 of this Agreement as well as the Fee Arrangement and the Arbitration Agreement. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES OR SITE.
Definition: The following term has the following meaning.
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“Digital Asset” means any digital token or digital asset (including a virtual currency or virtual commodity) which is a digital representation of value and/or a transferable digital mechanic based on (or built on top of) a cryptographic protocol of a computer network.
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Amendment of these Terms: We may amend or modify this Agreement at any time by posting the updated agreement on the AcloudBank Labs Site (an “Updated Agreement”). The Updated Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Site or Services after the posting of an Updated Agreement constitutes your acceptance of such Updated Agreement. It is your responsibility to check the Site regularly for modifications to the User Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Site and/or Services.
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Dispute Resolution: PLEASE BE AWARE THAT APPENDIX 1 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND AcloudBank LABS. AMONG OTHER THINGS, APPENDIX 1 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. APPENDIX 1 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ APPENDIX 1 CAREFULLY.
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Acknowledgement of Risk: Buying, selling, holding, transferring, acquiring or investing in any Digital Asset carries substantial risk of loss, including the loss of money, value or the Digital Asset itself. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading, holding, transferring or acquiring Digital Assets is suitable for you.
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AcloudBank Labs is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. 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.
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1. Access. Services can be accessed directly using the AcloudBank Labs Site. Access to Services may become degraded or unavailable. We do not represent that the AcloudBank Labs Site or other Services will be available without interruption, or continue to be available in perpetuity or won’t be shut down; and we do not guarantee that any operation will be executed. AcloudBank Labs shall not be liable for any losses resulting from or arising out of Service delays, inability to execute operations, or lack of timely response from us. AcloudBank Labs shall not be liable for any losses that you suffer whether impermanent or permanent.
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2. No Investment Advice or Brokerage. For the avoidance of doubt, AcloudBank Labs (inclusive of any of our employees, directors, members, representatives and affiliates (collectively our “Representatives”)) does not provide investment, tax, or legal advice, 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. AcloudBank Labs and its Representatives (collectively “The Labs”) may provide educational information about Digital Assets in order to assist users in learning more about such Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, social media posts and videos. The information provided on the AcloudBank Labs Site or any such 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. The Labs does not recommend that any Digital Asset should be bought, earned, acquired, sold, transferred or held by you. The Labs will not be held responsible for the decisions you make to buy, sell, hold, acquire or transfer Digital Assets based on the information provided by The Labs.
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You acknowledge that AcloudBank Labs does not broker trades on your behalf, does not offer any brokerage, exchange, clearing or custody services or any other financial services as may be defined by any regulatory body or regulator in any jurisdiction globally, and that the provision of our Services reflect that of an ancillary software product or service provider that you are free to engage with or not at your discretion.
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3. Operation of Digital Asset Protocols. You acknowledge and accept that AcloudBank Labs does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, such 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 do not 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 operating changes may materially affect the availability, value, functionality, and/or the name of Digital Assets. AcloudBank Labs does not control the timing and features of these 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 AcloudBank Labs in determining whether to continue to use the Services. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that AcloudBank Labs is not responsible for such operating changes and not liable for any loss or loss of value you may experience as a result of such changes in operating rules; and in particular you acknowledge and accept the AcloudBank Labs does not own or control any blockchain protocol, including without limitation the operating blockchain named AcloudBank. You acknowledge and accept that AcloudBank Labs has sole discretion to determine its response to any operating change and that we have no responsibility to assist you in adapting to any changes. You further acknowledge and accept that AcloudBank Labs has no responsibility to support new Digital Asset forks or operating changes for Digital Assets.
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4. Reversals & Cancellations. While there may be protocols that allow for cancellations and/or reversals related to your use of the Services, you acknowledge, accept and agree that you may not be able to cancel, reverse, or change any transaction once an operation is initiated and that any operation you initiate can be considered final at our sole discretion upon initiation. We reserve the right to refuse to process, or to cancel, correct, clawback, or reverse, any transaction or operation at our sole discretion, in response to a subpoena, court order, or other government order, or if we suspect a transaction or operation may: involve money laundering, terrorist financing, fraud, or any other type of financial crime; be erroneous; or relate to any of the Prohibited Activities or Prohibited Business Activities as set forth in this Agreement. In such instances, we are under no obligation to reinstate any transaction or operation or any outcome of any transaction or operation.
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5. Prohibited Activities. You acknowledge, accept and agree that you will not use the Services or the Site to engage in any of the following activities (collectively the “Prohibited Activities”): Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, regulation, or sanctions programs administered in the countries where AcloudBank Labs conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publishing, distributing or disseminating 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 Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, the Services, computer systems or networks connected to the Site, through password mining or any other means; use information of another party to access or use the Site or the Services, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's information; or transfer your rights or obligations related to your use of the Services to a third party, unless by operation of law or with the express permission of AcloudBank Labs.
Abuse Other Users: Interfere with another individual’s or entity's access to or use of any 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 Site about others without proper consent where consent is required.
Fraud: Activity which operates to defraud AcloudBank Labs, users of the Services, or any other person; provide any false, inaccurate, or misleading information to us.
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 AcloudBank Labs intellectual property, name, or logo, including use of our trade or service marks, without express consent from us or in a manner that otherwise harms us or our brand; any action that implies an untrue endorsement by or affiliation with us.
6, Prohibited Business Activities. You acknowledge, accept and agree that you will not use the Services or the Site in connection with any of the following businesses, activities, practices or items (collectively the “Prohibited Business Activities”):
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. Unfair, predatory or deceptive practices: Pyramid schemes; 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, in our sole discretion, pose elevated financial risk, or legal liability or any kind.
7. Other Prohibited Actions. You acknowledge, accept and agree that Prohibited Activities and Prohibited Business Activities may not be exhaustive, and that we reserve the right to prohibit any other activity or action at our sole discretion with or without notice.
8. Fee Arrangement. In return for us operating our Services, you agree to the following: you shall pay us up to or equaling 2% (the amount within this range being at our sole discretion) of the value of any transaction you make associated with your use of our Services (to be applied and deducted from you at the time of or upon the execution of a transaction made by you, where in the event of a dispute of what constitutes a transaction or an execution of a transaction is at our sole discretion), wherein for purpose of clarity such fees apply to, without limitation, your use of any Services, or any of your activities, connected with us acting as a CHP as generally described here (although, also at our sole discretion (without obligation on our part to specify which transactions are subject to fees and which are not), certain transactions may not be charged (collectively the "Fee Arrangement"). Any registration fee schema as generally described under the Membership & Sponsorship section here shall be considered separate and apart from the Fee Arrangement and shall exist as a Blockchain Transaction Cost (as defined below) to you. You acknowledge, accept and agree that any Blockchain Transaction Costs are additional to the Fee Arrangement, are your sole responsibility and are irrevocable and non refundable. All aspects of the Fee Arrangement shall be binding and irrevocable and any fees that you pay may only be returned to you in part or whole at our sole discretion. You also acknowledge, accept and agree that your payment of any fees associated with the Fee Arrangement are subject to complex systems operations, and that you accept that the fees within the Fee Arrangement are based on our good faith practicable efforts alone to assess and charge them, and that in the event of a dispute, what constitutes such good faith practicable efforts shall be at our sole discretion, and that if the charges you incur turn out greater than the posted fees for the Fee Arrangement, you shall have no refund rights and that your only recourse shall be to stop using our Services. Any aspect of the Fee Arrangement may be changed at any time at our sole discretion (unless otherwise at the discretion of blockchain operating protocols) without your consent and without information directly to you from us. In the event of any dispute or disagreement over an interpretation of the Fee Arrangement or Mechanical Costs (as defined below), final and binding interpretation shall be at our sole discretion. You acknowledge, accept and agree that it is up to you to check this page for any updates to any aspect of the Fee Arrangement or for any other updates to this Agreement, that there might be a discrepancy between this posted Fee Arrangement and the fees you incur due to a reasonable delay in updating the posting of updated fees, that what constitutes a reasonable delay is at our sole discretion, and that your ongoing use of Services constitutes your acceptance of any existing Fee Arrangement. You also acknowledge that we do not own or control the underlying software protocols which govern the operation of any blockchain, including without limitation the blockchain called or known as AcloudBank, and that such protocols may likely also have fees or transaction mechanics associated with use that require the payment of or capture and retention of a certain amount of an underlying Digital Asset or of another Digital Asset (the “Blockchain Transaction Costs”). All Blockchain Transaction Costs incurred by you are your sole responsibility, including without limitation whether or not such fees were incurred as a result of any of our Services performing as intended or in error and/or whether or not you had been made aware of any such costs before you incurred them. You acknowledge, accept and agree that we may also capture a certain amount of Digital Assets from you to cover any of our own Blockchain Transaction Costs (the “Mechanical Costs”) and such Mechanical Costs may vary and cover a variety of Services or mechanics and as such any such rates or fee schedules are not required to be published by us. Notwithstanding the foregoing, you may refer to the link here which provides a general outline / description of Mechanical Costs; and you acknowledge accept and agree that such description may not be fully formed and that we are under no obligation to adhere to or follow or reference such description when it comes to you paying any Mechanical Costs.
All Mechanical Costs paid by you shall be binding, irrevocable and may only be returned to you in part or whole at our sole discretion. Any Mechanical Costs that are in excess of our own Blockchain Transaction Costs belong to us irrevocably and may only be returned to you in part or whole at our sole discretion. You acknowledge, accept and agree that any Mechanical Costs are additional to the Fee Arrangement, are your sole responsibility and are irrevocable and non refundable. If you do not agree with any aspect of the foregoing, please do not use our Services.
9. Held Tokens. You understand, accept and agree that any Digital Assets held by us may be used by us in any way and for any purpose at our sole discretion.
10. Personal Data. You acknowledge that we may process personal data in relation to you, and personal data that you have provided or in the future provide to us in relation to your employees and other associated individuals, in connection with this Agreement, the Site or the 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 such 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 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. 11. 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 us.12. Limited License. AcloudBank Labs or our licensors own all right, title, and interest, including all intellectual property rights, in and to the Services and the Site, and any related content and technology, unless otherwise indicated. AcloudBank Labs hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use, copy, and distribute in connection with such use the Services or the Site. You obtain no other rights to the Services or the Site other than those specified in this User Agreement. Certain Services may be provided to you under a separate license, such as the MIT License, or another open source license. You agree you will not violate the terms of any such separate license. In the event of a conflict between the license granted to you in this User Agreement and any separate license, the separate license will prevail with respect to the Service that is the subject of the separate license.
13. Website Accuracy & Risk. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, any of its content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. You acknowledge and accept that information provided by us or by third parties, including without limitation current or historical price and/or supply data for Digital Assets, is only an attempt to display information, and that AcloudBank Labs 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 Site.You understand accept and agree that if the Site or any of the Services cease to operate for any reason, including without limitation insolvency, loss of personnel or general ceasing of business operations for known or unknown reasons, you will have no claim to any Digital Asset or any asset or item of value that you might otherwise have or have had claim of ownership to by way of your use of the Site or the Services. For purpose of clarity, you understand accept and agree that any and all value of any asset that you subject to any operation may be at risk of losing all its full value by virtue of you using the Site or the Services, and that you agree to indemnify and hold us harmless and waive any claims against us in the event of any value loss you may incur whether impermanent or permanent, including without limitation the full value of any of your Digital Assets or other assets whether by way of your direct use of the Site or Services or by way of you accessing the Site or Services by or through other means.
14. Third-Party Applications. If, to the extent allowed by AcloudBank Labs, you grant express permission to a third party to access or connect to you in your use of the Services, either through the third party's product or service or through the 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 you in your use of the Services. Further, you acknowledge and agree that you will not hold AcloudBank Labs responsible for, and will indemnify AcloudBank Labs from, any liability arising out of or related to any act or omission of any third party with access to you in your use of the Services and will waive any claims against us in the case of such an event. We may also provide you with the ability to use third party products or services on or through the Site or Services, which may include without limitation applications, software, data, content or operations, which may be provided or maintained by you or others (collectively “Third Party Applications”). You acknowledge, accept and agree that AcloudBank Labs is not responsible for, without limitation, the fitness, operation, accuracy, soundness, security or any aspect of Third Party Applications, that your use of Third Party Applications is at your sole risk, and that you will indemnify and will hold AcloudBank Labs harmless and waive any claims against us with respect to your use of or any aspect of any Third Party Applications.
15. Your Content. Some of the Services may let you share your own content (for example text, images, video, graphics, audio or other materials, “Your Content”). Before sharing Your Content through the Services, you promise and attest that you own and control all of the intellectual property rights to Your Content (or that you have the necessary license rights to the content) and that Your Content is lawful. We reserve the right to remove Your Content at our discretion, without notice and without liability.
16. License to use Your Content. When you share Your Content through the Services, you retain your intellectual property rights in Your Content and you provide us with the following license to use Your Content: by using our Services you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, and transferable license to host, publish, display, perform, reproduce, copy, distribute, communicate, modify, reformat, translate, or otherwise use Your Content (including your text, images, video, graphics, audio, files, communications, and any other content you provide) to operate, improve, develop, and promote our Services. If you see content that you believe violates your intellectual property rights, you agree to send us a notice of claimed intellectual property infringement using procedures in accordance with the Digital Millennium Copyright Act ("DMCA"). If procedures are not in accordance with DMCA, no action will be taken.
17. Access Security. You are solely responsible for maintaining your security and access control over any Services, including without limitation your self-custody wallet (“Self-Owned Accounts”). You acknowledge accept and agree that any loss or compromise of any information associated with your Self-Owned Accounts may result in the loss or theft of Digital Assets and/or anything of value associated with your Self-Owned Accounts, that you are aware of such risks and will indemnify us, hold us harmless and waive any claims against us in the event of any such losses or theft. You are solely responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect, and backup your accounts and/or Your Content in a manner that will provide appropriate security and protection, which might include use of encryption. If you are not able to be responsible for your own account security, or do not want such an obligation, then you should not use the Services. Your obligations under this Agreement include ensuring any available software updates or upgrades to any of the Services you are using are promptly installed or implemented, and recording and securely maintaining any user names, passwords, private keys, public/private key pairs, and/or secret recovery phrases that relate to your use of the Services (the “Security Keys”). You acknowledge that certain methods of securing your Security Keys, such as storing it as a digital file on your personal device or on a cloud storage provider, may increase the risk that your Self-Owned Accounts or Security Keys will be compromised. You further acknowledge that we will not be held responsible if you share any of your Security Keys, whether you do so knowingly or unknowingly. For the avoidance of doubt, we take no responsibility whatsoever for any theft, use or misuse of any of your Security Keys that occur in any way, including without limitation by way of an intrusion into a cloud provider’s data repository; and the terms of this Agreement are applicable to any of the Services through which you generate any or all Security Keys (which may be thought of as a blockchain account and related password) regardless of their use, whether used with a blockchain protocol directly or with any other third party platform, business or offering or any other use.
18. Nomenclature. You acknowledge, accept and agree that you are solely responsible for understanding any of the nomenclature, definitions and terms within this Agreement, and that you forego any rights to any claims of a lack of expertise or knowledge in your acceptance of this Agreement or your use of the Site or any of the Services.
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19. Taxes. The tax treatment of Digital Asset transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using the Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using the Services, and acknowledge that AcloudBank Labs does not provide investment, legal, or tax advice governing these transactions. You understand that we shall report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using the Services to a tax or governmental authority to the extent such reporting is available to us and required by applicable law. We also shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law. From time to time, we may ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset transactions.
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20. Suspension, Termination, and Cancellation. AcloudBank Labs may suspend, restrict, or terminate your access to any or all of the Services with immediate effect for any reason at our sole discretion and we are under no obligation to disclose the details of our decision to take such action with you.
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21. Restrictions and Sanctions. Your use of the Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By taking action to send, receive, buy, sell, trade, or store Digital Assets through your utilization of the Site or the Services, you agree that you will comply with all applicable laws. You are not permitted to acquire Digital Assets or use any of the Services through the Site if doing so would violate applicable laws and regulations, including but not limited to those of the United Nations Security Council, the United States (including prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable federal, state, municipal or local laws and regulations (each as amended from time to time). The information provided on the Site, and our Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, your access to the Site or use of the Services is done so on your own initiative; and you are solely responsible for compliance with all applicable laws of your jurisdiction.
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The Services and the Site are intended for users who are 18 years of age or older. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have the legal authority to bind such an entity. If you do not meet these requirements, you must not access or use the Services or the Site.
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You represent and warrant that you are not, and for the duration of the time you use the Services (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties; or (b) a citizen or resident of, or organized in, a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations, European Union, United Kingdom, or the United States, including without limitation Cuba, the Crimea, Donetsk, and Luhansk regions of Ukraine, Iran, North Korea, or Syria. If at any point the above is no longer true, then you must immediately cease using the Services.
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22. Your Responsibilities. You agree to ensure that your use of the Services or the Site will not violate: (1) any of our policies that we have made available to you, including the >> Privacy Policy; (2) this Agreement; or (3) any applicable laws or regulations. You are responsible for properly configuring and using the Services or incorporating the Services into your applications and for taking appropriate action to secure your data including without limitation financial or token information and Security Keys.
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23. Release of AcloudBank Labs; Indemnification. If you have a dispute with one or more users of the Site or Services or with any third party in relation to or in connection with the Site or Services, you release AcloudBank Labs, its service providers, and each of their respective officers, directors, agents, joint venturers, members, 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 AcloudBank Labs, its service providers, and each of its or their respective officers, directors, agents, joint venturers, members, 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.
California Residents are not permitted to participate in
the Token offering, and there are restrictions in place to
prevent such an occurance. However, California Civil Code
1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140
indicate that organizations should disclose whether certain
categories of information are “sold” or
transferred for an organization’s “business
purpose” as those terms are defined under California
law. You can find a list of the categories of information
that we share in the “California Information Sharing
Disclosure” section below. Please note that because
this list is comprehensive it may refer to types of
information that we share about people other than yourself.
If you would like more information concerning the categories
of personal information (if any) we share with third parties
or affiliates for those parties to use for direct marketing
please submit a written request to us using the information
in the "How to contact us" section below.
California Information Sharing Disclosure
California Civil Code 1798.115(c), 1798.130(a)(5)(c),
1798.130(c), and 1798.140 indicates that companies should
disclose whether the following categories of information are
collected, transferred for consideration, or transferred for
an organization’s “business purpose” as
that term is defined under California law. Note that
while a category may be marked that does not necessarily
mean that we have information in that category about you.
Copyright © 2024 AcloudBank Labs LLC - All Rights Reserved.