Please read these Terms & Conditions carefully. Users agree to be bound by these Terms & Conditions and all terms incorporated by reference
A. Scope Below are the Terms & Conditions of BL∆KFX LLC, BL∆KCoin, BL∆KFX.com, BL∆KCoin.org, BL∆KLedger, and BL∆KWallet (collectively “BL∆KFX”). These Terms & Conditions appy to any access and use of our websites (https://BLAKFX.com, https://BLAKCoin.org), online services, Android and iOS mobile apps, and any of our services related to or utilizing any of the foregoing, which we refer to in these Terms & Conditions, collectively, as our Services.
B. Eligibility and Agreement. To be eligible to use BL∆KFX Services, you must be at least 18 years old. By using BL∆KFX Services, you agree to the Terms & Conditions set forth below. Use of BL∆KFX Services must be in compliance with these Terms & Conditions, as well as applicable laws and regulations.
D. Changes to These Terms. From time to time, BL∆KFX may change, update, modify, or alter the Terms & Conditions set forth herein. Users will be notified of any changes, updates, modifications, or alterations to the Terms & Conditions by posting updated Terms & Conditions on https://blakfx.com and https://blakfx.com
Any amended Terms & Conditions will become effective no sooner than five (5) business days after they are posted and apply prospectively to use of the Services after such changes become effective. Changes, modifications, and alterations impacting new Services made for legal reasons shall be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes, updates, modifications, and/or alterations. If you do not agree to any amended Terms, you must discontinue using the Services.
2. BL∆KFX Services
BL∆KFX provides the following basic services: One or more hosted Digital Cryptocurrency wallets that allow users to store certain supported digital currencies, such as BL∆KCoin, Bitcoin, Ethereum, Ripple, etc. (“Cryptocurrency”), and to track, transfer, and manage supported Cryptocurrencies (the “Cryptocurrency Wallet”) (collectively the ” BL∆KFX Services”).
BL∆KCoins are a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds. BL∆KCoins will be available to investors and purchasers at: 1) a pre-Initial Coin Offering (pre-ICO) sale where accredited investors may purchase convertible notes, 2) at an Initial Coin Offering (ICO), and 3) after the ICO based on fair market value.
Investments in security products and cryptocurrencies involve risks that may lead to the loss of principal. Cryptocurrencies are not FDIC insured, not SEC regulated, not bank guaranteed, not deposits, not insured by any government agency, and may lose value. Purchasers and investors may experience large market fluctuations in the price of BL∆KCoins, including the loss of principal.
BL∆KFX will not be responsible for any losses, damages, theft, or claims arising from the following events:
1. user error, including, but not limited to, forgotten passwords, incorrectly addressed payments, and deletion of wallets;
2. software problems, including, but not limited to, corrupt wallets, incorrectly addressed or constructed transactions, invalid cryptographic libraries, and/or malware;
3. hardware problems, including, but not limited to, the loss of information and/or wallets due to faulty or damaged storage;
4. security flaws, including, but not limited to, unauthorized access to wallets and/or user accounts; and
5. actions or omissions of third-parties and/or events experienced by third parties, including, but not limited to, bankruptcy of service provider; information security attacks, and/or fraud (e.g. phishing).
4. Cryptocurrency Wallet
The Cryptocurrency Wallet is a device-based wallet that allows you to send supported Cryptocurrencies to, and request, receive, and store supported Cryptocurrencies from, third parties pursuant to instructions you provide through the BL∆KFX Site or App (each such transaction is a “Cryptocurrency Transaction”). A fully encrypted backup of your device-based wallet may be stored on one or more BL∆KFX servers at your election.
BL∆KFX reserves the right to refuse to process or to cancel any pending Cryptocurrency Transaction as required by law or in response to a subpoena, court order, or other binding government order. BL∆KFX cannot reverse a Cryptocurrency Transaction after the Cryptocurrency Transaction has been broadcast to a Cryptocurrency network. The Cryptocurrency Wallet services are available only in connection with supported Cryptocurrencies. Storing, sending, requesting, or receiving Cryptocurrencies not supported by the Cryptocurrency Wallet may result in the irrecoverable loss of the unsupported Cryptocurrencies. BL∆KFX assumes no responsibility or liability in connection with any attempt to use BL∆KFX for unsupported Cryptocurrencies.
BL∆KFX processes supported Cryptocurrencies in accordance with instructions received from users. BL∆KFX does not guarantee the identity of any user, receiver, requestee, or other party. All transaction information should be reviewed prior to submitting instructions to BL∆KFX. Once submitted to a Cryptocurrency network, the Cryptocurrency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Cryptocurrency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Account balance or be available to conduct transactions. BL∆KFX may charge network fees to process the Cryptocurrency transaction on your behalf. BL∆KFX reserves the right to delay any Cryptocurrency Transaction if BL∆KFX reasonably believes that the Cryptocurrency Transaction poses a substantial risk of fraud or illegal activity.
5. Suspension, Termination, and Cancellation
BL∆KFX reserves the right to suspend, restrict, or terminate your access to any or all of the BL∆KFX Services and/or deactivate or cancel your Account in its sole discretion. Accounts may be suspended, restricted, or terminated in response if:
• BL∆KFX is required to in response to a subpoena, court order, or binding order of a government authority; or
• BL∆KFX reasonably suspects that you are using your Account in connection with a violation of these Terms & Conditions; or
• your Account is subject to any pending litigation, investigation, or government proceeding and/or BL∆KFX perceives a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
• BL∆KFX’s partners, affiliates, or subsidiaries are unable to support your use; or
• you take any action that may be reasonably construed as circumventing BL∆KFX’s security safeguards.
If your account is suspended, restricted, or terminated, BL∆KFX will provide you with written notice, unless a court order or other legal process prohibits us from doing so. You acknowledge that BL∆KFX’s decision to take certain actions, including limiting suspending, restricting, and/or terminating your account, may be based on confidential information and BL∆KFX is under no obligation to disclose the details that lead to your account’s suspension, restriction, and/or termination.
In the event that your account is suspended, restricted, or terminated, you will be permitted to transfer Cryptocurrency or funds associated with your Hosted Cryptocurrency Wallet(s) for ninety (90) days 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 valid subpoena or court order. You may cancel your BL∆KFX Account at any time by withdrawing all balances and visiting https://www.blakfx.com/settings/cancel. You will not be charged for canceling your Account, although you will be required to pay any outstanding amounts owed. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
6. Tax Obligations
Investors and purchasers are solely responsible for any and all tax obligations and liabilities arising from their use of BL∆KCoins. BL∆KFX is NOT responsible for determining the taxes obligations and liabilities that arise out of BL∆KFX transactions. BL∆KFX will not issue or provide tax information to investors and purchasers use of BL∆KCoins.
7. Limited License
BL∆KFX grants you a limited, nonexclusive, nontransferable license, subject to the Terms & Conditions, to access and use https://blakfx.com, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by BL∆KFX. Any other use of https://blakfx.com is expressly prohibited and all other right, title, and interest in https://blakfx.com is the exclusive property of BL∆KFX 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.
BL∆KFX reserves the right to investigate suspected violations of these Terms & Conditions. BL∆KFX may seek to gather information from the user under investigation, and any other user the user under investigation may have conducted transactions with. If BL∆KFX believes, in its sole discretion, that a violation of these Terms & Conditions has occurred, it may warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. BL∆KFX will fully co-operate with any law enforcement authorities or court order requesting or directing BL∆KFX to disclose the identity of any user and any other pertinent information.
9. Export Controls.
BL∆KFX Services may be subject to export control regulations under applicable law, including in the United States. By using BL∆KFX Services you represent that you are not an individual or entity that is, or an entity owned or controlled by persons or entities that are, (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Swiss government, or any other governmental authority with jurisdiction over BL∆KFX or the BL∆KFX Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, North Korea, South Sudan, Sudan, or Syria. You further represent that you will not use the BL∆KFX Services to conduct any transaction with or on behalf of any person or entity listed in clauses (i) through (iii) above or otherwise in violation of law. BL∆KFX may cease to provide the BL∆KFX Services to you for any reason, and with no notice, if it determines that you have violated any of the above representations. You understand and consent that BL∆KFX may be legally required to detain, to deny your access to, and to report to one or more governmental authorities, such of your property or property interests as are in BL∆KFX’s possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing and you agree to notify BL∆KFX immediately in writing if your status under any of the above covenants changes.
BL∆KFX and the BL∆KFX logo are the property of BL∆KFX. Unauthorized use of the BL∆KFX and the BL∆KFX logo is strictly prohibited.
BL∆KFX shall not bear any liability, for any damage or interruptions caused by any malicious software, including, but not limited to, computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. BL∆KFX recommends using virus screening and prevention software at regular intervals.
12. Limitation of Liability; No Warranty.
IN NO EVENT SHALL BL∆KFX, 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 CRYPTOCURRENCY ON DEPOSIT IN YOUR ACCOUNT OR (B) FOR ANY LOST PROFITS 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 BL∆KFX SITE OR THE BL∆KFX SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BL∆KFX HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT BL∆KFX FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED CRYPTOCURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED CRYPTOCURRENCY 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 BL∆KFX 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, BL∆KFX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. BL∆KFX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE BL∆KFX SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
BL∆KFX makes no representations about the accuracy or completeness of historical Cryptocurrency price data available on the BL∆KFX.com. The information and material maintained on the BL∆KFX website is informative and should not be relied upon for financial advice, legal advice, business advice, or advice of any kind. The BL∆KFX website does not store, send, receive, or transact with BL∆KCoins. BL∆KCoins exist solely in the BL∆KCoin network. Transfer of title of any and all BL∆KCoins occurs within a decentralized BL∆KCoin network; transactional data is not maintained by BL∆KFX.
BL∆KFX 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. BL∆KFX 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 are intended to apply only to the extent permitted under New Jersey law.
You agree to indemnify, defend and hold BL∆KFX and its employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of the BL∆KFX Services, your violation of these Terms & Conditions, or your violation of any rights of any other person or entity.
If for any reason a court of competent jurisdiction finds any provision of these Terms & Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any disputes arising out of your use of BL∆KFX will tried to be resolved via our support team. If we are unable to come to an agreement, any dispute arising under these Terms & Conditions shall be finally settled in binding arbitration, on an individual basis, 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). The arbitration shall be conducted by a single, neutral arbitrator and shall take place in New York County, New York, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. Hearings may be conducted in-person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to reasonable costs and attorneys’ fees.
To the extent allowed by applicable law, you agree that any claim or cause of action arising from or relating to your access or use of BL∆KFX Services not brought within two years from the date on which such claim or action arose or accrued, or the date on which you should have reasonably known the claim or action arose or accrued, shall be irrevocably waived.
17. Unclaimed Property.
Under applicable law, after a specified period of inactivity by you with respect to your BL∆KFX account, BL∆KFX may be required to report and/or remit any cryptocurrencies in its custody in accordance with unclaimed property laws.
18. No Waiver.
BL∆KFX’s failure to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of that right or provision.
19. Entire Agreement
These Terms & Conditions comprise the entire understanding and agreement between you and BL∆KFX 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 BL∆KFX. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
You may not assign any rights and/or licenses granted under these Terms & Conditions. BL∆KFX reserves the right to assign our rights without restriction, including without limitation to any BL∆KFX affiliate or subsidiary, or to any successor in interest of any business associated with the BL∆KFX Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
21. Change of Control.
In the event that BL∆KFX is acquired by or merged with a third-party, BL∆KFX reserves the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of these Terms & Conditions shall survive the termination or expiration of these Terms & Conditions.
23. Governing Law.
You agree that the laws of the State of New Jersey, United States of America, 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 BL∆KFX, except to the extent governed by federal law.
24. Force Majeure.
BL∆KFX shall not be liable for delays, failure in performance or interruption of service which may result directly or indirectly from any cause or condition beyond our reasonable control, including, without limitation, 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.
25. English Language Controls.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.