LastRevised: March 17, 2021
As used herein, “Personal Information” means information that identifies or is reasonably capable of identifying an individual, directly or indirectly, and information that is capable of being associated with an identified or reasonably identifiable individual.
We may collect the following categories of Personal Information directly from you:
We may collect the following categories of Personal Information automatically through your use of our services:
We may collect and/or verify the following categories of Personal Information about you from third parties:
We take reasonable and practicable steps to ensure that your Personal Information held by us is (i) accurate with regard to the purposes for which it is to be used, and (ii) not kept longer than is necessary for the fulfillment of the purpose for which it is to be used.
We collect Personal Information about you in an attempt to provide you with the best experience possible, protect you from risks related to improper use and fraud, and help us maintain and improve our Services. We may use your Personal Information to:
We will not share your Personal Information with third parties, except as described below:
You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note that if you reject cookies, you will not be able to use some or all of Inkblok. If you do not consent to the placing of Cookies on your device, please do not visit, access, or use Inkblok.
Subject to applicable laws and regulations, we may from time to time send direct marketing materials promoting services, products, facilities, or activities to you using information collected from or about you. You may also opt-out of such communications by following the directions provided in any marketing communication. It is our policy to not provide your Personal Information for those third parties’ direct marketing purposes without your consent.
No security is foolproof, and the Internet is an insecure medium. We cannot guarantee absolute security, but we work hard to protect Inkblok and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of Personal Information we collect and store. Measures we take include encryption of the Inkblok website communications with SSL; optional two-factor authentication; periodic review of our Personal Information collection, storage, and processing practices; and restricted access to your Personal Information on a need-to-know basis for our employees, contractors and agents who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
While customers who are located in the European Union (“EU”), European Economic Area(“EEA”) or the Channel Islands, or other locations subject to EU data protection law (collectively, “Europe”) are customers of our Canadian entity, we recognize and, to the extent applicable to us, adhere to relevant EU data protection laws. For purposes of this section, “personal data” has the meaning provided in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
We process personal data subject to GDPR on one or more of the following legal bases:
European residents have the following rights under GDPR, subject to certain exceptions provided under the law, with respect to their personal data:
Inkblok operates with many of our systems based in Canada. As a result, we may transfer personal data from Europe to third countries outside of Europe, including Canada, under the following conditions:
Where transfers to a third country are based on your consent, you may withdraw your consent at any time. Please understand, however, that our services may not be available if we are unable to transfer personal data to third countries.
When we transfer personal data to third countries, we endeavor to ensure adequate safeguards are implemented, for example through the use of standard contractual clauses or Privacy Shield certification.
We may engage in automated decision-making for purposes of fraud detection and prevention.
If you have questions or concerns regarding this policy or our processing of your Personal Information, please feel free to email us at email@example.com
LatestUpdate: March 18, 2021
BY CLICKING ‘IAGREE’ OR ‘ACCEPT’ OR OTHERWISE ACCEPTING THIS AGREEMENT, YOU ARE AGREEING TOBE LEGALLY BOUND BY THIS AGREEMENT, SO PLEASE READ IT CAREFULLY PRIOR TO DOINGSO. We strongly recommend that you frequently review this Agreement to ensure that you understand it and how it applies to your access to and use of the Services.
Please refer to the Glossary at the end of this Agreement for definitions of capitalized terms that are not defined in the text of the Agreement.
A User is prohibited from accessing or using the Services unless the User: (i) has accepted this Agreement; (ii) is located and domiciled in an Approved Region;(iii) is eighteen (18) years of age or older OR a parent or guardian has provided express consent for User to use the Services; (iv) is not a Prohibited User (as defined below); and (v) is not otherwise prohibited from using the Services. Persons under twelve (12) years of age are not permitted to use the Services, even if they have parental consent.
Following acceptance of this Agreement by a User, Inkblok shall grant User a unique digital Account to access the Services and act as a record of Transactions. User will create and use a password to access the Account. Inkblok may also provide User with access tokens for the Account. User shall not disclose such password or tokens or permit any third party to use them. User has full responsibility for use of their Account, password, and tokens. User is exclusively responsible for all Transactions in the Account. Except as required to deliver the Services or as required by law, Inkblok will not grant any third-party access to the User’s Account.
At Inkblok’s discretion, User must, when and as requested, supply Inkblok with additional User KYC Information. User represents that all User KYC Information provided is true and accurate and shall immediately update such information in the Account or by notice to Inkblok if any of it changes. Inkblok reserves the right to terminate this Agreement or suspend performance hereunder immediately on determining that any User Information is false, inaccurate, misleading or out of date.
User shall immediately notify Inkblok if User suspects any unauthorized use or access of the Account or otherwise suspects any security breaches or attempted security breaches in the Services, Account or a User Device.
User assumes exclusive responsibility for all Transactions and other activities that occur in User’s Account and through the Services and accepts all risks of any unauthorized access to User’s Account, to the maximum extent permitted by law.
Inkblok may, but is not obligated to, offer or require enhanced security features for the Account, such as two-factor authentication. For any enhanced security features, User shall ensure the security of User’s Device or account (e.g., phone) that may be associated with the enhanced security features. Any mention of, or linking to, third parties by Inkblok that provide such security features (“2FAProvider”) is offered as a convenience and shall not be considered an endorsement or requirement of Inkblok to use such 2FA Provider.
Services are not offered to absolutely everyone.
The following Persons are prohibited from using the Services (each, a “Prohibited User”):(i) Persons who appear on the United States Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN),United States Commerce Department’s Denied Persons or other similar lists; (ii)Persons who are nationals or residents of Cuba, Iran, North Korea, Sudan, Syria or any other country, territory, or other jurisdiction that is embargoed by Canada, the United States or listed at Exhibit “A” of this Agreement; (iii) Persons who are less than 18 years of age; (iv) Persons who are not residents of and located in an Approved Region; (v) Persons, or their Affiliates, who have been subject to an Account termination for cause; (vi)Persons that are not individual natural persons, unless such Persons pass additional KYC requirements as indicated by Inkblok; and (vii) a Person who, directly or indirectly, uses, employs, operates or creates a computer program to simulate the human behavior of a User (“Bots”). If User is an entity and not an individual person, please contact support@Inkblok.io. Inkblok reserves the right to add or remove Approved Regions at its sole discretion.
You are prohibited from accessing or using the Services in, from or through a location where your use of the Services would violate any Applicable Law. You represent and warrant that you are not a citizen or resident of any such jurisdiction, nor will you use the Services while located in any such jurisdiction.
The Services are not available in all jurisdictions. Inkblok prohibits the use of the Services in certain jurisdictions, which jurisdictions may vary at Inkblok’s sole discretion. Inkblok may implement controls to restrict access to the Services from any jurisdiction from which use of the Services is prohibited. You shall comply with such restrictions, even if the methods imposed by Inkblok to prevent the use of the Services are not effective or can be bypassed.
Services cannot be used for absolutely any purpose.
User shall use the Services for only good faith Transactions for its own purposes and not on behalf of third parties. User shall not use the Services to, directly or indirectly, assist in any activity that is illegal in Canada, the U.S. or the jurisdiction of User or use the Services in relation to any other any Prohibited Activity (all of which are listed below in the Glossary). Inkblok reserves the right to add or remove Prohibited Activities at its sole discretion.
You acknowledge and agree that there are inherent risks associated with Non-Fungible Tokens (NFTs)and that such risks extend to your use of the Services. These risks include, but are not limited to, the failure of hardware, software or internet connections, the risk of malicious software introduction and the risk of unauthorized access to your Account. It is your responsibility to familiarize yourself with the risks involved with NFTs, their protocols and networks. Use of the Services does not remove these risks. Inkblok is not responsible for any communication failures, disruptions, errors, distortions or delays when using the Services, however they may be caused.
You acknowledge that an NFT has no inherent value nor does Inkblok or any third party promise that an NFT has or will ever have any specific value. Transactions can take time to be confirmed and may, in some cases, not be completed. In no event will Inkblok be liable to you or to any third party for any of the foregoing.
If the Services post a dollar value in association with a specific NFT, such posting shall not constitute a representation as to the actual or projected value of such asset. Instead, such posting constitutes either: (i) the potential value attributed to the NFT by another User; or (ii) Third Party Content published to the Site or Account for your general information only, and you should not rely on such posting for any financial decision. You agree that it is your responsibility to independently ascertain the value of your NFTs, without relying on the Services. Inkblok is not, itself, offering to purchase or sell any NFTs from you or to you under this Agreement. Inkblok only offers Services to generate and post a digital signature of any file you have chosen for that sole purpose onto the blockchain. You agree that you shall not make any claim against Inkblok that alleges, in whole or in part, that any NFT has anything more than nominal value.
INKBLOK IS NOT RESPONSIBLE AND SHALL NOT BE HELD LIABLE FOR THE PROVENANCE, CONTENT, OWNERSHIP,AUTHENTICITY OR ANY OTHER CHARACTERISTIC OF THE FILE(S) YOU CHOOSE TO USEINKBLOK SERVICES ON. INKBLOK ONLY OFFERS SERVICES TO GENERATE AND POST A DIGITAL SIGNATURE OF ANY FILE YOU HAVE CHOSENT FOR THAT SOLE PURPOSE ONTO THE BLOCKCHAIN. INKBLOK SHALL HAVE NO LIABILITY AND USER SHALL FULLY INDEMNIFY INKBLOK FOR ANY AND ALL LOSSES, LIABILITIES, COSTS, EXPENSES, DEMANDS, CHARGES AND CLAIMS OF ANY KIND RELATED TO THE PROVENANCE, CONTENT, OWNERSHIP, AUTHENTICITY OR ANY OTHER CHARACTERISITICS OF THE FILE(S) USER HAS CHOSEN TO USE INKBLOK SERVICES ON.
You understand and accept that there are also inherent risks associated with using any NFTs network, including Approved Networks. These risks include, but are not limited to, unanticipated changes to the network protocol or unknown vulnerabilities which may include or result in underlying technology attacks. Other possible risks may include forks or rollbacks of NFTs, networks, or blockchains. Inkblok has no control over any Approved Networks and will not be responsible for any loss you suffer when you transact via any Approved Network.
The Services include the right, subject to the terms of this Agreement, to:
The Services allow Users to engage in a variety of Transactions.
Transactions are subject to the following rules and disclaimers, without limitation:
Inkblok may deemany Transaction performed in violation of any of the foregoing to be void ab initio.
If you fail to adhere to the terms of this Agreement (including, without limitation, the foregoing rules), you understand and agree as follows: (i) that such failure may result in the permanent loss of your NFTs or Fiat (for which Inkblok shall have no liability); and (ii) that Inkblok reserves the right to confiscate any NFTs or Fiat purchased or acquired in a manner not expressly permitted by this Agreement, without notice or liability to you.
Inkblok is a hosted NFT service that is integrated with third parties who provide Fiat and Stablecoin custodial services directly to User, including the PSW Provider.
Inkblok is not registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) or U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) as a money services business.
Inkblok is not a bank. There is no FDIC insurance on NFTs. User acknowledges that NFTs have no intrinsic value. Fiat or Stablecoin balances, if any, are not held by Inkblok.
The Services maybe unavailable or subject to certain restrictions in certain states or jurisdictions at the sole discretion of Inkblok without prior notice to you and without your consent.
If User has a User PSW, then Inkblok shall share User Data with the PSW Provider and also retrieve User Data from PSW Provider. Such exchanges of information shall be in furtherance of instructions given by User through the Account and may result in Transactions.
User also authorizes Inkblok to send and receive User Data to and from other Third Party Servicers.
If User authorizes Inkblok to take instructions from User, or in respect of an Account, via a Third Party Servicer, then such instructions shall be deemed delivered to Inkblok by User directly.
User represents that each Third Party Servicer is party to a Third Party Servicer Agreement with User and that User assumes exclusive responsibility for acts and omissions of all Third Party Servicers whether under the Third Party Servicer Agreement, with respect to User Data or otherwise. The use of a Third Party Servicer does not relieve User of any of its responsibilities or obligations under this Agreement. User is liable for any and all fees charged by Third Party Servicers. Unless indicated to the contrary in the Account, Fees for Services do not include fees applicable under Third Party Servicer Agreements.
On sign-up for the Services and at other times throughout the term of this Agreement, as a condition to accessing the Services, User shall provide User KYC Information to Inkblok for purposes of verifying User identity, implementing the requirements of the AML Program and monitoring the User, Account and Transactions for suspicious activity. These identity verifications and screening procedures may include, but are not limited to, detection of money laundering, terrorist financing, fraud, or any other financial crime, checking the information you provide against the anti-terrorism financing list, maintained by the Office of the Superintendent of Financial Institutions (available athttp://www.osfi-bsif.gc.ca/Eng/fi-if/amlc-clrpc/atf-fat/Pages/default.aspx), pursuant to subsection 83.05(1) of the Canadian Criminal Code (the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism and United Nations Al-Qaida and Taliban Regulations) or Specially Designated Nationals and Blocked Persons list maintained by the United States Department of the Treasury Office of Foreign Assets Control (OFAC), the United States Department of Commerce Denied Persons list, or any other similar list issued by any United States governmental authority or any other Regulator having jurisdiction under Applicable Law prohibiting or limiting business activities with any person.
User authorizes Inkblok to, directly or through third parties, make inquiries and take any other actions Inkblok deems reasonably necessary to verify User identity, and the information User has provided. User acknowledges and agrees that such inquiries will result in User KYC Information being disclosed to credit reference and fraud prevention or financial crime agencies and services. Where Inkblok is not entirely satisfied that it has verified User identity, it reserves the right to limit User access to some or all Services.
User alone is responsible for User actions, conduct, and behavior while using the Services. User shall not:
Fees are as disclosed in the Services and Account. You authorize Inkblok to instruct PSW Provider to release the amount of Fees, or other amounts of which you are liable hereunder, to Inkblok from the External Wallet maintained by your PSW Provider. If there is no such External Wallet or if there is insufficient value therein to pay Fees, you agree to pay them to Inkblok by such means as Inkblok may reasonably require within five (5) days of when they are first posted as owing in your Account.
Inkblok may make third party products or services available via the Site or otherwise through the Services. Such third parties, including PSW Provider, may charge fees for their services. Inkblok is not responsible for the fees charged by any such third parties.
Approved Networks charge network fees. These fees are often required to cover the transaction costs on virtual currency networks and may apply to Transactions. Unless indicated otherwise in your Account or elsewhere in the Services, you are solely responsible for paying all network fees. Inkblok will not advance nor fund network fees on your behalf, nor be responsible should the network fee paid be insufficient or excessive. Your Method of Payment or User PSW from which you wish to send must hold sufficient funds, NFTs, Fiat or Stablecoin to cover the transaction and its associated network fees, failing which the transaction may be blocked, might fail or result in your value being suspended temporarily or forever.
User can terminate this Agreement at any time for any reason or for no reason by closing their Account.
Inkblok may, at any time and in its sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Services, either temporarily or permanently.
At any time and in its sole discretion, without prior notice, and without any liability to you, Inkblok may (i) cancel or deactivate User’s Account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all of Services for any reason or for no reason. Inkblok is under no obligations to disclose its reason for any termination or suspension of the Service for User or generally.
Inkblok shall not be liable for any losses suffered by User resulting from any suspension or termination of the Services. You agree that your NFTs will be impossible to access through Inkblok’s Services during a suspension of Services.
In the event of any termination of this Agreement, discontinuation of all Services, or termination of your right to access all Services: (i) all Fees and amounts payable to Inkblok by you shall immediately become due, (ii) Inkblok may delete User Data without any liability to User, provided that Inkblok also reserves the right to retain User Data for seven (7) years following termination; and(iii) Inkblok may cancel any Transactions that are pending at the time of the termination of your right to access all Services or discontinuation of the Services. Inkblok reserves the right to retain aggregated anonymized User Data for longer in order to improve Services, prevent fraud and produce aggregated statistics.
It is your sole responsibility to comply with Applicable Laws related to your use of the Services including, without limitation, to pay any and all taxes that apply to any Transactions you have made using the Services. It is your sole responsibility to report and remit the correct tax amount to any and all tax authorities. You acknowledge and agree that Inkblok is not responsible for determining the amount of any taxes you owe, nor is Inkblok responsible for determining if taxes apply to your use of the Services, nor is Inkblok responsible for collecting, reporting, or withholding any taxes arising from your use of the Services.
If Inkblok receives notice or allegation that any NFTs held by you are stolen or lawfully not yours to possess, Inkblok may, but has no obligation to, place an administrative hold of undetermined length on those NFTs, to the extent it is possible to do so, User PSW, or Account. Such hold may include but may not be limited to a suspension of access to the Services. Inkblok shall not be liable for any losses incurred by User, or diminished value in NFTs, that occur in the course of an administrative hold, suspension or termination of access to any portion of or all of the Services in a property dispute. Inkblok retains the right to report illegal or suspicious activity to the appropriate Regulators.
User agrees to receive all communications, including but not limited to, User Agreement, other applicable policies, updates to the same, statements, reports, invoices, receipts, notices, disclosures, legal or regulatory statements, or documents(collectively, the “Communications”) with respect to User’s Account and User’s use of the Services via electronic delivery.
By consenting to electronic delivery, User authorizes Inkblok to deliver Communications by (i) email notification, or (ii) via SMS or text message to a mobile phone number User has provided, or (iii) by sending User an email message containing a link to, or a notice that directs User to, the Site where the communication or document can be read or printed.
Inkblok shall have no liability and User shall fully indemnify Inkblok for any and all losses, liabilities, costs, expenses, demands, charges and claims of any kind resulting from User’s reliance on email or User’s Devices or failures in User’s email systems or Devices. If User prefers not to accept these risks, then User shall not create an Account or use the Services.
It is the responsibility of User to provide Inkblok with an up to date, true, accurate, and complete email address and to make sure Inkblok emails are not deleted or otherwise missed on account of spam filters. User’s consent to receipt of electronic statements, reports and other Communications shall be valid until User withdraws such consent by notifying Inkblok in writing, in which case: (i) Inkblok shall provide statements, reports and other Communications on paper; and (ii) Inkblok may suspend or terminate the Account and access to the Services.
Other than as expressly set forth in this Agreement, Inkblok shall not be liable for any risks inherent in the Services or related NFTs or losses that may be incurred by User as a result thereof. User agrees to and does hereby: (i) release Inkblok from any and all liability related to or arising from risks inherent in the Services and related NFTs, except as expressly set forth in this Agreement, and(ii) assume all risks inherent in the Services and related NFTs including, but not limited to, the following:
User shall carry out their own independent analysis and assessment of the risks specific to the NFTs and the Services.
Inkblok’s decision to support any particular NFT via its Services is not an endorsement or approval of the NFT’s value, security, operation, or underlying technology. Inkblok’s decision to support any individual NFT does not reduce any risks associated with the NFT. Inkblok does not make any warranty about the suitability of any NFT for ownership or trading.
You acknowledge and agree that Inkblok retains the right, in its sole discretion, to determine whether to support, or not support, certain NFTs to be used in conjunction with the Services. Inkblok may discontinue or terminate support for any NFT at anytime, for any or no reason. Inkblok will make reasonable efforts to provide advance notification of any termination or discontinuation of support of an NFT. Inkblok will not be liable to you for any losses, liability, or expenses related to any discontinuation or termination of support of any NFTs.
Unless otherwise expressly indicated by us, all copyright and intellectual property rights in all content and materials (including but not limited to our logo, designs, text, graphics, files, videos, and displayed text, collectively “Inkblok Materials”) contained on our Site or affiliate sites provided in connection with our Services are the proprietary property of Inkblok, or our suppliers, licensors, or third party affiliates, and are protected by Canadian, U.S. and international property laws.
We grant you a limited, non-exclusive, non-sublicensable license to access and use the Inkblok Materials for your personal use. Such license does not permit the: (i) distribution of Inkblok Materials, (ii) resale of Inkblok Materials, (iii)making derivative works of Inkblok Materials, or (iv) decompilation, disassembling, reverse engineering, or any other attempt to discover the source code of the Site, Services, or Inkblok Materials. This license shall automatically terminate if your access to the Services is suspended or terminated by us. “Inkblok” any product or service names, logos, and other marks used on the Site or in Inkblok Materials, or that we otherwise use in connection with the Services are trademarks owned by Inkblok and our licensors. Without our prior written consent, you may not copy, imitate, or use Inkblok trademarks.
We reserve the right to limit, deny, or terminate access to our Services with respect to any person who infringes on the intellectual property rights of others. If you knowingly misrepresent that any activity or Inkblok Materials are infringing on the intellectual property rights of another party, you may be liable to Inkblok for certain costs or damages.
Feedback; user content
Inkblok shall own and have exclusive rights (including but not limited to intellectual property rights) to any feedback, ideas, suggestions, or other materials or information that you provide through chat, email, posting through our Service, or otherwise(“Feedback”). You acknowledge and agree that any Feedback you submit is not confidential. You shall not be entitled to, and hereby waive any claim for, acknowledgement or compensation related to any Feedback you provide. You grant Inkblok the right to unrestricted use and dissemination of any Feedback you provide, without acknowledgement or compensation to you.
You hereby grant Inkblok a royalty free, irrevocable, perpetual, and exclusive worldwide license to use, copy, modify, display, publish, or distribute, in any form, any text, images, data, or materials or other content that you provide to Inkblok using the Services, or submit, post, or otherwise send to Inkblok that is not Feedback(the “User Content”). Inkblok may remove any User Content from the Site or the Services at any time for any or no reason.
THE SERVICES ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. INKBLOK EXPRESSLY REFUSES TO REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, SITE, SERVICES OR THE INFORMATION CONTAINED THEREIN OR ANY ASPECT OF ANY SERVICE CONTAINED THEREON.
YOU ACKNOWLEDGE THAT INFORMATION AND NFTs YOU STORE OR TRANSFER USING OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED, OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES INCLUDING, BUT NOT LIMITED TO, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS INCLUDING THIRD PARTY DOS ATTACKS, SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, SCHEDULED OR UNSCHEDULED DOWNTIME OR MAINTENANCE, COMPUTER OR HUMAN ERROR, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES AND RECORDS OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS; THEREFORE, SOME OR ALL OF THE DISCLAIMER OF IMPLIED WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL INKBLOK, ITS AFFILIATES OR SERVICE PROVIDERS, LICENSORS OR THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, JOINT VENTURERS, OR REPRESENTATIVES, BE LIABLE FOR: (I) ANY AMOUNTS GREATER THAN THE VALUE OF THE FEES PAID BY YOU TO INKBLOK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY; (II) ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM INKBLOK, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN SERVICES OPERATION OR TRANSMISSION; (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT; OR (IV) ANY LOST PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE EVEN IF AN AUTHORIZED REPRESENTATIVEOF INKBLOK HAS BEEN ADVISED OF, OR KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO USER WHERE THEIR APPLICATION IS REDUCED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Inkblok, our officers, directors, shareholders, employees, agents, affiliates, attorneys, suppliers, contractors, representatives and service providers (collectively, “Indemnified Parties”), from any and all claims, demands, actions, lawsuits, proceedings, investigations, liabilities, damages, losses, costs, expenses, fines and penalties including, without limitation, reasonable attorney’s fees, arising out of or related to (i) your breach of this Agreement, (ii) your violation of any Applicable Law, or the rights, including intellectual property rights, of any other person or entity, (iii) your use or misuse of our Services, (iv) your conduct in connection with the use or misuse of our Services, and (v) your negligence, fraud, willful misconduct or misrepresentations. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if we wish to settle it, and if so, on what terms.
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US. If you have a dispute with us, we will first seek to resolve such a dispute through our support team.
All disputes arising out of or in connection with this Agreement or the Services or in respect of any legal relationship associated therewith or derived therefrom will be referred exclusively to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) pursuant to its applicable Rules posted here: http://bcicac.com. The appointing authority will be the British Columbia International Commercial Arbitration Centre. There will be a single arbitrator who shall be a practicing B.C. lawyer in accordance with the applicable BCIAC rules. Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, Inkblok may pay them for you. Arbitration will take place in the English language in Vancouver, British Columbia, Canada. You may choose to have the arbitration conducted by telephone, based on written submissions. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator maybe entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court. Notwithstanding the foregoing, Inkblok may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement is specifically enforceable by Inkblok through injunctive relief and other equitable remedies without proof of monetary damages. The parties expressly waive their right to a jury trial and also waive their right to participate in a class action claim related to this Agreement.
NOTICE: BOTH YOU AND INKBLOK ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN ACOURT OR JURY TRIAL. BY AGREEING TO THIS AGREEMENT, BOTH YOU AND INKBLOK ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR PROVINCIAL LAW. BOTH YOU AND INKBLOK CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
These Terms shall be governed by and construed in accordance with the laws of England.
This Agreement and any policies incorporated herein by reference shall be deemed severable. The invalidity or unenforceability of any of the terms or provisions of this Agreement, and any policies incorporated herein by reference, or the invalidity or unenforceability of the application thereof to any individual, entity or circumstance, shall not affect the application of such terms or provisions to individuals, entities or circumstances other than those as to which they are held invalid or unenforceable, and shall not affect the validity or enforceability of any other terms or provisions of this Agreement. Each term and provision of this Agreement and any policies incorporated herein by reference shall be valid and enforceable to the fullest extent permitted by law.
Inkblok may assign any of its rights or obligations under this Agreement without your consent and without prior notice to you. You may not assign or transfer any of your rights or obligations under this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Inkblok, which may be withheld in Inkblok’s sole discretion. Any actual or attempted assignment hereof by User contrary to the terms of this Agreement shall be null and void. Inkblok may, at its discretion, assign some or all of its rights or obligations to a third party, without consent or approval of User. In the event that Inkblok is acquired by, sold to, or merged with a third party entity, Inkblok reserves the right to transfer or assign all User Data as part of such merger, acquisition, sale, or change of control.
Inkblok reserves the right to amend this Agreement at its sole discretion, without your consent. This Agreement may be amended by Inkblok by Inkblok providing notice of the amendment (i) by email to the email account used to create your Account; (ii)by posting a new version hereof to the Services; or (iii) by your accepting a revised version of this Agreement at an Account login. Where you have accepted the amendment or where the amendment is required by a change in Applicable Law, or to address a security or compliance requirement, as indicated in the notice of amendment contemplated above, the amendment shall take effect as of when this Agreement is updated or the notice contemplated above has been sent, otherwise, the amendment shall take effect if you do not close your Account within thirty (30) days following the notice contemplated above. If you do not agree with a proposed or actual amendment to this Agreement, your sole remedy is to discontinue use of the Services and close your Account.
Any failure or delay by Inkblok to exercise any right, privilege, or power under this Agreement shall not operate as a waiver thereof. This Agreement shall not be construed to waive any rights that cannot be waived under Applicable Laws.
Inkblok shall have no liability or responsibility for; (i) failure in performance or interruption of service (ii) any inaccuracy, error, delay in, or omission of information or transmission of information, (iii) any loss or damage that you may incur, which results directly or indirectly from any force majeure event including, but not limited to flood, act of civil or military authorities, terrorist acts, extraordinary weather conditions, pandemic, fire, pandemic, war, strike or other labor dispute, interruption of telecommunication services, accident, power failure, hardware or software malfunction, any act of god, or any other act that is beyond our reasonable control.
Inkblok is an independent contractor, and nothing in the nature of the Services or any provisions in this Agreement shall be deemed, or cause, or is intended to cause User and Inkblok to be treated as partners, joint ventures, or as an agent of the other party. Inkblok is not User’s broker, intermediary, agent, or financial advisor, and Inkblok has no fiduciary obligation to User in connection with any Transactions, or other acts or omissions of User with respect to the Services. For the avoidance of doubt, Inkblok is in no manner providing investment advice, tax advice, legal advice, or other professional advice whether through the Services or otherwise. Inkblok does not recommend or endorse that you purchase or sell any NFT or that you make any investment or enter into any trade or Transaction. Before engaging in any trading or investment activity, User should always consult a qualified professional.
All provisions of this Agreement, and any policies incorporated herein by reference, which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination or expiration of this Agreement. Such provisions include, but are not limited to, sections and provisions relating to Account termination or suspension, funds due to Inkblok, disputes with Inkblok, Risk Disclosures, Unclaimed Property, Copyrights, Trademarks, Eligibility, Disclaimer of Warranties, Limitation of Liability, Indemnification, Binding Arbitration, and Governing Law.
If you have any feedback, comments, complaints or questions other than technical support, you can contact us using the contact information on our Site. When contacting us, please be sure to provide us with your name, contact information and any other information we may need to identify you, your Inkblok Account and any transaction on which you have questions, comments, or complaints.
Section headings and section labels are provided for convenience only, and do not form part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.
This Agreement is presented in the English language. Any translation of this Agreement is for your convenience, and any meanings of terms, conditions, or representations are subject to the definition and interpretation of the English language.
This Agreement, and the policies incorporated herein by reference, constitute the entire understanding and agreement between User and Inkblok regarding the Services. This Agreement, and the policies incorporated herein by reference supersede all other representations, agreements and understandings, both written and oral, including without limitation any prior versions of this Agreement, among User and Inkblok with respect to the Services. In the event of any conflict between this Agreement and any other agreement User may have with Inkblok, unless the other agreement specifically references and identifies this Agreement, this Agreement shall control.
For the purposes of this Agreement, the terms below in this glossary have the meanings indicated below:
Account means a unique account created and hosted by Inkblok and shall serve as a record of: (i) your acceptance of this Agreement; (ii) your use of the Services; and (iii)Transactions.
Affiliate means, in relation to a Party, another person or entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Party, or a Party's principal partners, shareholders, or owners of some other ownership interest.
AML Program means the anti-money laundering and know your customer programs, policies and procedures in place at Inkblok, such as they may be from time to time.
Applicable Law means, with respect to any Person, any domestic or foreign, federal, state, provincial or local statute, law, ordinance, rule, administrative interpretation, regulation, order, writ, injunction, judgment, decree or other requirement of any Regulator which is legally binding and applicable to such Person or any of its Affiliates or any of their respective properties, assets, equity holders, officers, directors, members, partners, employees, consultants or agents.
Approved Network means the blockchain or network supporting a NFT and Transactions in that NFT.
Approved Regions means Canada, the United States and those places not listed in Exhibit “A” to this Agreement and where the Services are made available, such as they may be from time to time.
Assets means, collectively, all NFTs in a Account and all Fiat and Stablecoin in the User PSW.
External PSW means an account of the User at a third party payment or Stablecoin wallet provider that is not the PSW Provider.
External Wallet means a NFT Wallet owned by you or a third party and from which Inkblok is not capable of initiating any Transaction.
Fees means the fees applicable to the Services, or any element thereof, indicated in the Services or in your Account, such as they may be from time to time.
Fiat means real currency, specifically United States Dollars.
Fiat or Stablecoin Transaction means a Transaction involving the transfer of Fiat or Stablecoin, respectively.
Method of Payment means the method by which you pay Fees to Inkblok for use of Services and Account.
NFT means a one-of-a-kind, non-fungible, cryptographic token representing a unique digital asset for which there is no copy or substitute. An NFT cannot be substituted for another NFT as each NFT is distinctive and unique in some way. An NFT is not a medium of exchange and is not convertible virtual currency.
NFT Transaction means a Transaction involving NFTs being transferred from one NFT Wallet to another.
NFT Wallet means a third party service, device, code or protocol used to store NFTs or initiate NFT Transactions via the Account or otherwise.
Other User means a Person that is not the User or an Affiliate of the User, who is party to an agreement with Inkblok substantively identical to this Agreement and that is a user of the Services;
Person means any individual, corporation, limited liability company, partnership, joint venture, trust, unincorporated organization, Regulator or government or any agency or political subdivision thereof.
PSW Provider means a third party who provides Users with Fiat payments capabilities and Stablecoin Wallets subject to the User PSW Agreement. Circle Internet Financial, Inc. is a PSW Provider.
Regulator means any federal, provincial, state or local or foreign government or any court,arbitrator, administrative or regulatory agency or commission or other governmental authority or agency.
Settings means selections you make through the Account or in a means otherwise provided by Inkblok from time to time.
Stablecoin means a type of cryptocurrency that attempts to maintain price stability relative to a reserve asset such as Fiat.
Third Party Content means links, graphics, images, social media content to third party sites, content or other information supplied by third parties and that can be viewed or access from the Account or Site.
Third Party Servicer Agreement means an agreement between User and a Third Party Servicer pursuant to which the Third Party Servicer delivers their services. User PSW Agreement is a Third Party Servicer Agreement.
Third Party Servicer means a third party: (i) whose service are compatible with the Services, as indicated by Inkblok in the Account; (ii) that User has retained under a Third Party Servicer Agreement; (iii) with whom User wishes to share User Data; and (iv) through which User wishes to deliver instructions to Inkblok with respect to the Account. Each PSW Provider is a Third Party Servicer.
Transaction means any of an NFT Transaction, Fiat or Stablecoin Transaction, or other transaction in NFTs or Fiat within or initiated by the Services.
User Data means the information collected, stored, accessed or used by Inkblok in the course of supplying the Services in respect of the Account.
User Device means an electronic device used by User to access the Services, such as a computer, tablet, mobile phone or other device.
User KYC Information means information requested by Inkblok or provided by User in relation to the initial establishment of the Account or the subsequent operation of the Account and includes, but is not limited to, Username, address, email address, date of birth, government-issued photo identification, taxpayer identification number, government identification number, bank or other payment account information, IP address, a photo or video of the User, MAC address of User Device, payment account information (e.g., credit card) and User NFT Wallet information.
User PSW Agreement means the agreement between User and PSW Provider governing the User PSW.
User PSW means an account of the User at the PSW Provider.
Prohibited Activity means the operation of or the direct or indirect facilitation of any of the following:
The Service cannot be used in the following jurisdictions:
Latest Update: March 18, 2021