By opening an account to use the Service ("Account"), You expressly represent and warrant:
1. You have accepted these Terms; and
2. You are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving Bitcoins.
The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency - virtual or not - may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
Bitcoin trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Bitcoin is a unique kind of "fiat" currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Bitcoins in a crisis or issue more currency.
Instead, Bitcoin is an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
Bitcoin trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Bitcoin because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Bitcoins.
We use our banking providers in order to receive client moneys and making payments. Our banking providers DO NOT transfer Bitcoins, exchange Bitcoins, or provide any services in connection with Bitcoins.
LIMITED RIGHT OF USE
Unless otherwise specified, all Materials on this Site are the property of EmpireChain and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
The trademarks, service marks and logos of EmpireChain and others used in this Site ("Trademarks") are the property of EmpireChain and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to EmpireChain. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MAINTAINING YOUR ACCOUNT: OUR RULES
This Site is for Your personal use only. We are vigilant in maintaining the security of our Site and the Service. By registering with us, you agree to provide EmpireChain with current, accurate, and complete information about Yourself as prompted by the registration process, and to keep such information updated. You further agree that You will not use any Account other than Your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorized access.
The creation or use of Accounts without obtaining the prior express permission from EmpireChain will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and EmpireChain may elect to take further action against You.
You also are responsible for maintaining the confidentiality of Your Account information, including your password, safeguarding your own Bitcoin, and for all activity including Transactions that are posted to Your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from You, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or accept termination of Your Account. You are required to notify EmpireChain immediately of any unauthorized use of Your Account or password, or any other breach of security by email addressed to firstname.lastname@example.org. Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by EmpireChain or any user of the Site.
Finally, You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. We will report all crimical activities to the law enforcement agencies.
You may terminate this agreement with EmpireChain, and close your Account at any time, following settlement of any pending transactions.
You also agree that EmpireChain may, by giving notice, in its sole discretion terminate Your access to the Site and to Your Account, including without limitation, our right to: limit, suspend or terminate the service and Members' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation:
(1) attempts to gain unauthorized access to the Site or another Member's account or providing assistance to others' attempting to do so.
(2) overcoming software security features limiting use of or protecting any content.
(3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities.
(5) failure to pay or fraudulent payment for Transactions.
(6) unexpected operational difficulties.
(7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by EmpireChain, acting in its sole discretion.
(8) use any tools or softwares to conceal identities or having abnormal or unclear activities.
(9) share personal contact for other traders in trade messages.
We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Site or Service or request to verify information to be able to continue using the Service. Members agree that EmpireChain will not be liable to them or to any third party for termination of their Account or access to the Site.
Unless with an acceptable reason, one person ID number is allowed to open one account only. We will close all other accounts and keep one active account only.
The suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Members shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Said bank account shall be held by the Member. Bitcoins may be transferred to a valid bank account only after conversion into a currency. EmpireChain shall transfer the currencies as soon as possible following the Member's request in the time frames specified by EmpireChain.
EmpireChain will send to You the credit balance of Your account, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to You prior to sending Your payment, however where they cannot be avoided, You acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.
All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide You with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
APIS AND WIDGETS
We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or through widgets. We also may provide widgets for Your use to put our data on your Site. You are free to use these in their original unmodified and un-altered state.
EXTERNAL WEB SITES
EmpireChain makes no representations whatsoever about any other Site which you may access through this Site. The Site may provide links or other forms of reference to other websites ("External Web Sites") or Resources over which we do not have control ("External Web Sites"). In such case you acknowledge that EmpireChain is providing these links or references to you only as a convenience. EmpireChain is not responsible for the availability of, and content provided on, third party Sites. You are requested to review the policies posted by other Sites regarding privacy and other topics before use. EmpireChain is not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Our business model, and our Service, consists of facilitating the buying, selling and trading of Bitcoins and their use to purchase/exchange goods in an unregulated, international open payment system.
Email messages sent over the Internet are not secure and EmpireChain is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.
TWO FACTOR AUTHENTICATION
You have the responsibility to enable two factor authentication (we recommend Authy) to protect your EmpireChain account. We will reject any support request related to account being hacked if your account does not have two factor authentication enabled.
LIMITATION OF LIABILITY
To the extent permitted by law, EmpireChain will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.
Subject to the foregoing, EmpireChain's aggregate liability in respect of claims based on events arising out of or in connection with any single Member's use of the Site and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b) total amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).
We are allowed to block or frozen the customer's account when the conditions are met: the request of the government authorities in accordance to the law; a mistake found in the fund of the customer's account or at the request of the money transfer service supplier; upon suspicion of fraudulent activities or law violations; notification from one of the other users about trades; have unresolved disputes in old trades; association with another account that has been frozen without being clarified...
All funds from accounts related to fraud, law violation or be unable to clarify the suspicious activities will be seized totally. The fund will be used to compensate the victims directly. In case the amount of money collected is less than the sum of all the victims, all the money will be distributed to the victims at the rate of damage.
MODIFICATION OF TERMS
EmpireChain reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
Bitcoins: means the Peer-to-Peer internet currency further described at http://bitcoin.org .
Buyer(s): means Member(s) that are submitting an offer to buy Bitcoins through the Service.
Commission: refers to the fee which is payable to EmpireChain on each Transaction, such as a Bitcoin Purchase Transaction.
Member(s): means Buyers and Sellers as well as any holder of an Account.
Price: means "price per coin" for which Members are willing to purchase or sell Bitcoins, using the Service in a Bitcoin Purchase Transaction. The Price may be expressed in any of the currencies deposited by Members in their account and supported by the Service.
Seller(s): means Member(s) that are submitting an offer to sell Bitcoins through the Service.
Service(s): means the technological platform, functional rules and market managed by EmpireChain to permit Sellers and Buyers to perform purchase and sale transactions of Bitcoins.
Transaction: means (i) the agreement between the Buyer and the Seller to exchange Bitcoins through the Service for currencies at a commonly agreed rate ("Bitcoin Purchase Transaction"), (ii) the conversion of currencies into Bitcoins deposited by Members on their account ("Conversion Transaction"), (iii) the transfer of Bitcoins among Members ("Bitcoin Transfer Transaction"), (iv) the transfer of currencies among Members ("Currency Transfer Transaction") and (v) the purchase of ancillary products ("Purchase Transactions"). EmpireChain may not offer all of these types of transactions at this time or in all places.
Transaction Price: means the total price paid by the Buyer in respect of each Transaction performed through the Service.
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