Terms and Conditions

Please read these Terms of Participation (this “Agreement”) carefully. Your use or access of the Site or the Application (as defined below) constitutes your consent to this Agreement. If you do not agree to this Agreement, and all of the terms herein, you must immediately discontinue using the Site and the Services. Your continued use of the Site and Services is your ongoing acceptance of this Agreement.

By connecting your wallet, you “accept” or “agree” (or a similar term) in connection with this Agreement, or by accessing or using the Site or the Services (as defined below), you agree to be bound by this Agreement, a current version of which is available at the Site, and which may be modified from time to time at our sole discretion in accordance with section 3 below.

1. Use of Services

1.1. Services
The Forex Trading Community has developed BlockFX Forex Trading System – an online, decentralized and autonomous Forex Trading environment that displays reward information and autonomous smart contract mechanisms of digital tokens and assets (“Digital Assets”) – and provides the user-interface that guides your access to BlockFX Forex Trading System; the Site is used to provide Users with access to certain decentralized Forex services and products on the Tron blockchain through BlockFX Forex Trading System (the “Services.”) The Services may require users to pay fees, such as gas charges on the Tron network, to perform a transaction. You acknowledge and agree that the Community has no control over User transactions, User digital assets, the method or amount of payment required for any User to engage in any transaction, or any payments of fees for any transactions. You must ensure that you have a sufficient balance to complete any transaction using the Site or Services before initiating such transaction.

User affirms that the User is aware and acknowledges that BlockFX Forex Trading System is a noncustodial provider of software services, meaning that the BlockFX Forex Trading System does not custody, control, or manage User funds in any manner whatsoever. The Services are deployed in a decentralized environment wherein the Services can be autonomously and directly accessed by the Users without any involvement or actions taken by Community or any third-party.
User affirms that User is aware and acknowledges of the Forex Trading protocols.
User affirms that User is aware The lack of trade profit or trade wins will result to a low pool liquidity and user can lose his/her initial tokens.
User affirms that User is aware the market conditions can affect the pools liquidity

1.2. Your Use of Services
As a condition to using the Site and Services, You represent and warrant to Community that:

• You are eligible to enter into the Agreement and use the Services in accordance with Section 2, below. This Agreement is valid, binding on you, and enforceable against you.
• You will comply with all terms and conditions of this Agreement.
• You are not entering into the Agreement and using the Services in your capacity as a participant.
• You will maintain the security and confidentiality of access to your cryptocurrency wallet address via private keys, access credentials, or otherwise;
• You acknowledge and agree that access to the Site is provided “as is” and “as available” basis, only.
• You acknowledge and agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Community may undertake from time to time; (iii) causes beyond the control of Community or which are not reasonably foreseeable by Community; (iv) disruptions and temporary or permanent unavailability of the underlying blockchain infrastructure; (v) unavailability of third party service providers or external partners for any reason. In such a case, you may be prevented from accessing or using the Services.
• You acknowledge and agree that the Site and the Services may evolve or change over time. This means Community may alter, replace, or discontinue (temporarily or permanently) the Services at any time in Creators sole discretion.
• You acknowledge and agree that the reward information provided on the Site does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with Community.
• You further acknowledge and agree that you are not relying upon reward information provided on the Site and will undertake reasonable independent diligence as to reward information which may appear on the Site.
• You acknowledge and agree that the Community does not act as an agent for any of the Users, or for any party or parties who may otherwise use any underlying blockchain infrastructure that is involved in any of the Services.
• You are solely responsible for your use of the Services, including all transactions of Digital Assets you make.
• In connection with using the Services, you will only transact legally obtained Digital Assets that belong to you.
• You will obey all applicable domestic and international laws in connection with using the Services.
• You will not use the Site or the Services if the laws of your country, or any other applicable law, prohibits you from doing so in accordance with this Agreement.
• You are solely responsible for reporting and paying any taxes applicable to your use of the Services or any other transactions of Digital Assets or rights thereto.
• You are responsible for complying with any applicable export controls or embargoes.
• Any Digital Assets used by You in connection with the Services are either owned by You or You are validly authorized to carry out actions using such Digital Assets.
• You acknowledge and agree that we have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Digital Assets that you may transfer to or from a third party, and that we are not responsible for ensuring that an entity with whom you transact actually completes the transaction or is authorized to do so.
• If you experience a problem with any Digital Assets purchased from or sold to a third party through the Services, you bear the entire risk.
• You covenant that all activity and conduct in connection with your use of the Site and Services, including any resultant transactions of the Digital Assets, will be in compliance with all applicable law, rules, regulations, requirements, guidelines and policies of any governmental or quasi-governmental body or regulatory agency, any self-regulatory organization and that you will not use the Site or Services for any illegal or unlawful purpose, including but not limited to any Prohibited Uses noted in Section 13 , below.
• You will not violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws.
• You acknowledge and affirm that You are not and have not been (a) the subject of economic or trade sanctions administered or enforced by any governmental authority (b) otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (c) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States (d) placed on any excluded or denied persons lists by any authority. You are not a resident of any of the following countries or regions: Belarus, Burma (Myanmar), Burundi, Central African Republic, Congo, Côte d’Ivoire, Cuba, Iran, Iraq, Lebanon, Liberia, Libya, Mali, Nicaragua, North Korea, Somalia, South Sudan, Sudan, Syria, Crimea (Ukraine/Russia), Venezuela, Yemen, Zimbabwe, United States (“Non-Supported Countries”).
• You do not and will not use Virtual Private Network software, proxy server, or any other privacy or anonymization tools or techniques in order to circumvent any restrictions that apply to the Services, especially those which restrict the geographical availability of the Services.
• You acknowledge and waive any claim against Community based on changes in law, regulatory inquiries, regulatory actions, or claims that limit the Community’s ability to provide access to the Site or Services. You acknowledge that at any time, your access to your cryptocurrency assets may be suspended or terminated, or there may be a delay in your access or use of your cryptocurrency assets which may result in the cryptocurrency assets diminishing in value or you being unable to complete a transaction;
• You acknowledge that we use data you submit using our Site through your wallet to detect, prevent and mitigate illicit or harmful activity and that we may share that data with blockchain analytics providers. We share this information with these service providers only so that they can help us promote the safety, security and integrity of the Services.

1.3. Fees
Community does charge a balance withdrawal fees for use of Services. However, in connection with your use of the Services, you agree to bear all costs necessary to conduct a transaction, such as gas costs, which may be charged by others, including costs to access blockchain infrastructure incident to your transaction (i.e. “network fees”). We attempt to provide accurate costs information, but this information is highly volatile and can change quickly without the Community or Users necessarily being aware of these changes. The Community may charge fees for certain transaction types available at BlockFX.io including any of the BlockFX Forex Trading System automated trigger executions. All such fees payable to the Community will be disclosed to you. Please check the details of any transaction you enter into using BlockFX.io prior to authorizing that transaction for more information.

2. Eligibility

You affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement, to form a legally binding contract online, as well as that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this Agreement.

You represent that You are legally permitted to use the service in your jurisdiction, including owning Digital Assets, and interacting with the Services in any way. You further represent that You are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Community is not liable for Your compliance with such laws. You further represent and warrant that You will not use the Site or the Services if the laws of your country of residency or establishment prohibit you from doing so in accordance with this Agreement. You further represent that neither you nor your Organization is a resident of any of the Non-Supported Countries, or otherwise legally prohibited from accessing the Site or Services. Finally, You represent and warrant that you will not use the Service for any illegal activity.

3. Modification of Agreement and Transfer

This Agreement may be discretionarily modified or replaced at any time, unless stated otherwise herein. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Site or the Services by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Services, you must stop using the Services. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site (including access to the Site via any third-party links). Neither party may assign or transfer any rights or obligations under this Agreement, provided that Community may assign this Agreement without your prior consent to any of Community’s affiliates, or to its successors in interest of any business associated with the Services provided by Community. This Agreement shall be binding upon the permitted assigns or transferees of each party.

4. Rewards Program Terms:

The Community offers its Users the opportunity to earn Rewards by registering other Users to enter into qualified transactions using the Services. The Rewards are for promotional purposes only, as part of the Community Rewards Program (“Rewards Program” or “Program”). By joining the Program, you and Users you refer can earn Rewards payable in USDT.

These Rewards Program Terms (“Program Terms”) apply to a User’s participation in the Program. By participating in the Program, Users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program. If you do not agree to these Rewards Program Terms in their entirety, then you cannot participate in the Program. Users also cannot participate where, by so doing, they would violate any applicable law or regulations that may apply to that User.

Eligibility

This Program is void where such programs are prohibited. Users who refer other users who join the Program are “Referrers”; those who are referred to the Program are “Referred Users.” Referrers may be eligible to receive Rewards for the first qualified transaction by a Referred User. Referrer must be legally able to participate in the Program, and must be 1) at least the age of majority where they reside and 2) be an existing User of the Services.

5. Representations, Warranties, and Risks

5.1. No Representation or Warranty
You expressly understand and agree that your use of the Service is at your sole risk. WE MAKE AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND WITH RESPECT TO THE SERVICES AND THE CODE, WHETHER PROPRIETARY OR OPEN SOURCE, WE SPECIFICALLY DO NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, USAGE, SECURITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, CODE AND ANY RELATED INFORMATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE FURTHER EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY THIRD PARTY TECHNOLOGY, INCLUDING ALL BLOCKCHAIN INFRASTRUCTURE, WHICH MAY BE RELIED UPON BY USERS OF THE SERVICES OR SITE.

WE SPECIFICALLY DO NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY THAT THE SERVICES WILL REMAIN AVAILABLE IN ANY JURISDICTION WHERE THEY ARE CURRENTLY AVAILABLE AND DO NOT REPRESENT AND WARRANT THAT THE Community CAN GUARANTEE THE LEGALITY OF THE SERVICES IN ANY SPECIFIC JURISDICTION.

5.2. Disclaimer of Fiduciary Duties
To the fullest extent permitted by law and notwithstanding any other provision of this Agreement or any other agreement contemplated herein or applicable provisions of law or equity or otherwise, the parties hereto hereby agree to eliminate any and all fiduciary duties Community may have to the User, its affiliates, or the end Users of the Services, the Site or its content, provided that such exclusion or limitation of liability shall not extend to the Community’s misappropriation of assets or funds of its users or its affiliates, or the end Users of the Services, Site or content provided by Community or other acts or omissions that constitute a bad faith violation of the implied contractual covenant of good faith and fair dealing.

5.3. Sophistication and Risk of Cryptographic Systems
By utilizing the Services or interacting with the Site in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, like Ether (TRX) and Bitcoin (BTC), smart contract based tokens such as those that follow the Tron Token Standard known as TRC-20 (https://github.com/tron/EIPs/issues/20), and blockchain-based software systems.

The Community does not own or control any of the underlying software or hardware through which blockchain networks are formed and operated. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (i) that Community is not responsible for operation of the underlying software, hardware, and networks that there exists no guarantee of functionality, security, or availability of such software and networks; and (ii) that the underlying protocols are subject to sudden changes in operating rules (known as “ Forks ”), and that such Forks may materially affect the Services. It might be discretionarily decided not to support (or cease supporting) the Forked network entirely. You acknowledge and agree that Community assumes absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.

Underlying networks relied upon by the Services utilize public/private key cryptography. You alone are responsible for securing and protecting your private key(s) or other access credentials or hardware equipment used to access Digital Assets. Community does not have access to your private key(s).The Community does not take custody or control of User Digital Assets. Losing control of your private key(s) will permanently and irreversibly deny you access to Digital Assets on the Tron blockchain or other network. If your private key(s) are lost or compromised, neither Community nor any other person will be able to retrieve or protect your Digital Assets. Once your private key(s) is lost, you will not be able to transfer your Digital Assets to any other address or wallet. If this occurs, you will not be able to realize any value or utility from Digital Assets that you may hold now or in future.

5.4. Risk of Regulatory Actions in One or More Jurisdictions
The Services, Digital Assets, and underlying technology relied upon by the Site and Services, including Tron and other blockchain infrastructure could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Community to continue to develop, or which could impede or limit your ability to access or use the Services or Tron blockchain, including access to your Digital Assets or other funds. The law as relates to the Site, Services, Digital Assets, Tron and public network blockchains remains fluid and quickly changing.

5.5. Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, Digital Assets and Services, which could result in the theft or loss of your Digital Assets or property. To the extent possible, the Community intends to update the protocol underlying the Services to account for any advances in cryptography and to incorporate additional security measures, but the Community does not guarantee or otherwise represent full security of the system. By using the Services or accessing the Site, you acknowledge these inherent risks.

5.6. Volatility of Cryptocurrency
You understand that Tron and other blockchain technologies and associated Digital Assets, currencies, or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Tron blockchain, including those facilitated by the Services. You acknowledge these risks, and represent that Community cannot be held liable for such fluctuations or increased costs.

5.7. Application Security
You acknowledge that the Services and Site are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Site. This warning and others provided in this Agreement by Community in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Services or accessing the Site,

5.8. Site Accuracy
Although it is intended to provide accurate and timely information on the Site, the Site or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or relevant tools are your sole responsibility and Community shall have no liability for such decisions. Links to third-party materials (including, without limitation, websites) may be provided as a convenience but are not controlled by any entity. 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 or available via other relevant tools.

No representation is made as to the accuracy, completeness or appropriateness for any particular purpose of any reward information distributed via the Site. Prices and reward information may be higher or lower than prices and reward information available on other platforms. Prices and reward information distributed by the Site and the Services may be inaccurate and should not be relied upon.

5.9. Technical Knowledge
Any use or interaction with the Services requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills to use the Services. If you do not have the requisite knowledge and skills to use the Services, you should not use the Services.

Any reference to a type of Digital Asset on the Site does not indicate the Community’s approval or disapproval of the underlying technology regarding such type of Digital Asset, or any recommendation of that Digital Asset for any purpose, and should not be used as a substitute for your own understanding of the risks specific to each type of Digital Asset. We make no warranty as to the suitability of the Digital Assets referenced on the Site and assume no fiduciary duty in our relations with you.

5.10. Financial Risks
Use of the Services, in particular for trading Digital Assets, may carry financial risk. Digital Assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Services are irreversible, final, and there are no refunds. You acknowledge and agree that you will access and use the Site and the Services at your own risk. The risk of loss in trading Digital Assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the Services, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, technical ability, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Services or any underlying Digital Asset. You accept all consequences of using the Services, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for, and will in no circumstances be, liable to you in connection with the use of the Services for performing Digital Asset transactions. Under no circumstances will the operation of all or any portion of the Site or the Services be deemed to create a relationship that includes the provision or tendering of business, financial, legal or investment advice.

5.11. Applicable Law and Tax
You are responsible for complying with applicable law. You agree that we are not responsible for determining whether or which laws may apply to your use of Services, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of the Site and Services.

Community must comply with applicable law. Applicable law, regulation, and executive orders may require us to, upon request by government agencies, take certain actions or provide information. Community will respond to compulsory legal process which requires disclosure of information.

5.12. Operational Risks
You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. The Site and Services may be impacted by interruptions, attacks, hacks, and vulnerabilities in third parties and systems and technology under the control of third parties. You agree to accept the risk of the Services failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses 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. We do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site and Services will be uninterrupted. The Site may include inaccuracies, errors, outdated material, omissions, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or the software underlying the Services. Accordingly, you should verify all information on the Site before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we will have no liability for such decisions.

6. Indemnity

You agree to release and to indemnify, defend and hold harmless Community, as well as its officers, directors, employees contractors, agents, affiliates, subsidiaries and representatives, from and against any and all losses, liabilities, expenses, damages, costs and expenses (including attorneys’ fees, fees or penalties imposed by any regulatory authority and court costs) claims or actions of any kind whatsoever arising from or relating to Your use of the Site or Services, Your violation of any term, agreement, condition, or covenant of this Agreement, any party’s use of the Site or services with your assistance or encouragement, or using any device, account or access credential, including private key, that you control, Your violation of any law, rule, or regulation, or the rights of any third party, any erroneous or inaccurate price data transmitted by the Site or Services, any vulnerabilities or exploits of the Site, Services, or any underlying technology relied upon by the Site or Services, any of Your acts or omissions that implicate publicity rights, defamation or invasion of privacy, any claims arising form or related to any change in law and from Weaknesses or Exploits in the Field of Cryptography that would affect blockchain systems, risks associated with underlying cryptographic protocols relied upon by You , risk of regulatory actions risk of exploits of cryptographic technology, risk of price volatility, risk of cybersecurity exploits, a lack of requisite technical knowledge, financial risks, risks of change of law, risks related to operations, changes in law, including tax laws, regulatory inquiries, regulatory actions, or claims that limit any User’s ability to access the Services, and agree to indemnify and hold the Community harmless for such risks. Community reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, you agree to cooperate with Community in the defense of such matter.

7. Limitation on Liability

You acknowledge and agree that you assume full responsibility for Your use of the Site and Services. You acknowledge and agree that any information You send or receive during your use of the Site and Services may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that Your use of the Site and Services, including any Smart Contracts with which you interact, are Your responsibility and are at Your own risk.

Recognizing such, You understand and agree that, to the fullest extent permitted by applicable law, neither Community nor any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries suppliers or licensors or related entities will be liable to You for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if Community had been advised of the possibility of such damages), resulting (a) from the Site or Services; (b) the use or the inability to use the Site or Service; (c) unauthorized access to or alteration of Your transmissions or data or to any data in our control; (d) statements or conduct of any third party on the Site or Service; (e) any actions we take or fail to take as a result of communications you send to us; (f) human errors or mistakes relating to content on the Site or provided by the Services; (g) technical malfunctions; failures, including public utility, including electric, internet or telephone outages; (h) omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the service); (i) any injury or damage persons or property, including to computer equipment; (j) inability to fully access the site or service or any other website; (k) theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; (l) typographical, printing or other errors, or any combination thereof; (m) offensive or defamatory conduct of any third party, or (n) any Site or Services downtime or lack of availability, or any other matter relating to the Site or Service, including any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or Services or the information contained within it.

Under no circumstances shall the Community or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to You for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding USD$100.00. This limitation of liability is an agreed upon contractual term and is not a penalty, and applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to You. This limitation of liability shall apply to the fullest extent permitted by law. If you are a California resident, You waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

8. Open Source and Proprietary Rights

Some software used in our Services may be offered under an open source license that we will make available to you. Documentation of open source code is available on the BlockFX Forex Trading System Github page. This documentation, including any code shown in it, is licensed under the GNU Affero General Public License version 3 and you agree to abide by the terms of this license.

The “BlockFX.io” name, the BlockFX Forex Trading System logo, other related trademarks (“BlockFX Forex Trading System Borrow”, “BlockFX Forex Trading System Trade”), and the web domains and URLs are property of BlockFX Forex Trading System. Using our Services does not give you ownership of any proprietary intellectual property rights in our Services or the content you access. You may not use proprietary content from our Services unless you obtain permission from its community or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.

9. Links

The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. You authorize the Community to provide certain personal data and information, including, but not limited to, email addresses, wallets addresses, and Service-related data as described and addressed in Section 14.5 below and the Privacy Policy, to such linked sites, applications and resources that you choose to access. Because Community has no control over such sites, applications and resources, you acknowledge and agree that Community is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Community shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Termination and Suspension

Community may terminate or suspend all or part of the Site and/or Services access immediately, without prior notice or liability, when the Community deems it appropriate in its sole discretion. The Community may limit the availability of the Site or Services to any person, geographic area, or jurisdiction at its sole discretion and may terminate any User’s access to the Site and the Services, at any time and in the Community’s sole discretion. The Community may suspend or disable Your access to the Site or Services if the Community considers it reasonable to do so, including if You breach any of the terms or conditions of the Agreement. Upon termination of your access, Your right to use the Services will immediately cease. The following provisions of the Agreement survive any termination of these Agreement: INDEMNITY; REPRESENTATIONS, WARRANTIES AND RISKS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; ARBITRATION AND CLASS ACTION WAIVER; USE OF SERVICES.

11. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no express or implied third party beneficiaries to the Agreement.

12. Arbitration and Class Action Waiver

12.1. Initial Dispute Resolution
Please read the following section carefully because it requires you to arbitrate certain disputes with the Community and limits the manner in which you can seek relief from the Community.

12.2. Binding Arbitration
You and the Community: (a) waive your right to have any and all disputes or claims arising from or related to this Agreement or the Community (collectively, “Disputes”) resolved in a court; and (b) waive your right to a jury trial. Instead, you and the Community covenant and agree that You and the Community (the “Parties”) shall resolve Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it, instead of having the Dispute decided by a judge or jury in court). For any IP Relief Claims, you and the Community agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, New York You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

12.3. No Class Arbitrations, Class Actions or Representative Actions
You and the Community agree that any Dispute is personal to you and the Community and that any such Dispute shall be brought exclusively in your independent capacity, and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, private attorney general action, or any other type of representative proceeding. Neither Party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and the Community agree that a Dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

12.4. Process
You and the Community agree that you will notify each other in writing of any Dispute within thirty (30) days of when that Dispute arises (“Notice of a Dispute”) so that the Parties can attempt, in good faith, to resolve the Dispute informally. Notice of a Dispute to the Community shall be provided by sending an email to [email protected] and must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. A Notice of Dispute sent by email is deemed received on the date the email is sent. If you and the Community cannot agree to resolve the Dispute within thirty (30) days of the Notice of Dispute, the Dispute shall be referred to and finally resolved by binding arbitration proceedings in accordance with [clause] below. You and the Community agree that any arbitration must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Community agree that the claim and any relief therefor is permanently barred (which means that you will no longer have the right to assert a claim or to obtain any form of remedy or relief regarding the Dispute).

12.5. Arbitration
Any dispute including any question regarding the existence validity or termination of this Agreement, which is not resolved pursuant to the process in 12 .4, above, shall be referred to and finally resolved by arbitration under the LCIA rules, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place of arbitration shall be Malta. The language to be used in the arbitral proceedings shall be English. The governing law of this arbitration agreement shall be the law of England and Wales.

12.6. Authority of Arbitral Tribunal
Unless the parties agree otherwise, the arbitrarily tribunal may only conduct an individual arbitration and may not consolidate more than one individual’ s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

12.7. Rules of the LCIA
The rules of, and additional information about, the LCIA are available on the LCIA website at http://www.lcia.org, as may be updated from time to time. By agreeing to be bound by this Agreement, you either: (a) acknowledge and agree that you have read and understand the LCIA Rules; or (b) waive your opportunity to read the LCIA Rules and any claim that the LCIA rules are unfair or should not apply for any reason.

12.8. Governing law
This Agreement and the relationship between you and Community shall be governed by the laws of the State of New York without regard to conflict of law provisions.

13. Prohibited Use

You may not use the Site and Services to engage in the following categories of activity (“Prohibited Uses “). The specific types of uses listed below are representative, but not exhaustive. If You are uncertain as to whether or not Your use of the Services involves a Prohibited Use, or have questions about how these requirements apply to You, please contact us at [email protected]. By using the Site or Services, you confirm that You will not use the Site or Services to do any of the following:

Unlawful Activity: Activity which would violate, or assist in violation of, any domestic or international law, statute, ordinance, or regulation, sanctions programs administered in any relevant country, 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; publish, distribute or disseminate any unlawful material or information;
Engage in any transactions that would violate any applicable law regarding securities, commodities, derivatives, or any applicable law, rule, or regulation concerning the integrity of trading markets, including but not limited to market manipulation, “spoofing” and “wash trading.”
Abuse Other Users: Interfere with another individual’s or entity’s access to the Site 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; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent;
Fraud or misrepresentation: Activity which operates to defraud Community, other Users, or any other person; provide any false, inaccurate, or misleading information, or misrepresent the truthfulness of any content on the Site or of the Services;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 Community intellectual property, name, or logo, including use of Community trade or service marks, without express consent from Community or in a manner that otherwise harms Community; any action that implies an untrue endorsement by or affiliation with Community.
Illegal Source of Funds: Use or accessing the Site or Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion.
Other Prohibited Activities: Additionally, you confirm that you may not, nor may you assist other parties to: attempt to disable or circumvent any security or access control mechanism of the Site or Services, where applicable;
design or assist in designing cheats, exploits, hacks, modes or any other unauthorized third-party software to modify or interfere with the Services, with the exception of automation software and bots, provided that such automation software and bots operate in the ordinary course of using the Services and do not cause disruption or harm to the Services;
institute, assist or become involved in any type of attack, including distribution of a virus, attacks upon the Services or the Site, that prevent access to or use of any of the above, other attempts to disrupt any of the above, gain unauthorized access to any of the above, or disrupt any other person’s use or enjoyment of any of the above; attempt to, or harass, abuse, or harm of another person or entity, including our employees and service providers;
impersonate another user or otherwise misrepresent yourself;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or detrimentally interfere with, intercept, or expropriate any system, data, or information. Induce or encourage any third party to engage in any conduct prohibited by this Agreement.

14. General Information

14.1 Entire Agreement
This Agreement (and any additional terms, rules and conditions of participation, and the Privacy Policy that may be posted on the Site) constitute the entire agreement with respect to the Services and supersedes any prior agreements, oral or written. In the event of a conflict between this Agreement and the additional terms, rules and conditions of participation, the latter will prevail over the Agreement to the extent of the conflict, except for the following provisions: INDEMNITY; REPRESENTATIONS, WARRANTIES AND RISKS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD-PARTY BENEFICIARIES; ARBITRATION AND CLASS ACTION WAIVER; USE OF SERVICES.

14.2 Waiver and Severability of the Agreement
The failure of any entity to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.

14.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Site must be filed in arbitration consistent with section 12 , above, within one (1) year after such claim or cause of action arose or be forever barred.

14.4 Section Titles
The section titles in the Agreement are for convenience only and have no legal or contractual effect.

14.5 Privacy and Transparency
Community respects the privacy of the Users.

The Services are being autonomously performed on blockchains, which are inherently transparent and available to Community and any third parties. This includes blockchain addresses, records of current and historical transactions, their volume, prices, and other data and information related to Digital Assets and the Services.

The Community will treat any information about you in accordance with its Privacy Policy, which is incorporated herein by reference. The Privacy Policy provides an outline of the types of data and information about you we may collect or process, which you authorize by agreeing to these Terms of Service.

You are asked to read the Privacy Policy before you use the Site or Services. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use or immediately discontinue use the Site and the Services.

14.6 Conflict or Inconsistencies
In the event of any conflict or inconsistency between this Terms of Service and any non-English language translation thereof, the terms and provisions of this Terms of Service shall control.

14.7 Communications
Community may utilize collected data and information about you, addressed above and in the Privacy Policy, to communicate with you regarding the Services. By agreeing to these Terms of Service or availing yourself of the Services, you acknowledge and authorize the Community’s communications with you. You may opt out of subsequent communications by following the procedures provided for in any such communication.

Users with questions, complaints or claims with respect to the Services may contact us using the relevant contact information set forth above and at [email protected]