For Websites and Listing Services
‘BitShares’ means the blockchain-based decentralized crypto asset exchange BitShares.
‘Company’ means Liquidblocks ApS, a company incorporated under the laws of Denmark, with a registered office at Gl. Kongevej 60, 1850 Frederiksberg, Denmark.
‘Crypto Assets’ means tokens and coins of all flavors, including payment tokens, utility tokens and security tokens.
‘Developer’, ‘User‘, ‘Your’ means a crypto asset developer listing Crypto Asset with the Gateway.
‘Essential Secondary Obligations’ means an obligation, the breach of which endangers the achievement of the contract’s purpose, or the fulfillment of which is essential for the proper execution of the contract, and on the observance of which Users could reasonably rely.
‘Fiat’ means legal tender.
‘Force Majeure’ means but not limited to events of flood, earthquake, typhoon, epidemic or other natural calamity, war or armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, embargo, riot or insurrection), governmental order or regulation (including but not limited to prohibition or restriction of importation or exportation or the regulation or allocation of energy resources), labor disputes (including but not limited to strike, slowdown, lockout or sabotage), severe economic dislocation or the bankruptcy or insolvency of manufacturers or suppliers of the Gateway seriously affecting the activities of the Company directly or indirectly, or any other causes beyond the reasonable control of the Company.
‘Forum’ means the Discord Community for Gateway Users offered by the Company.
‘Gateway’ means the Company-operated gateway to BitShares.
‘IOU’ means “I Owe You” and is a token provided by the Company that is redeemable for a Crypto Asset.
‘Listing Services’ means all services of the Company to list a Crypto Asset as tradable on BitShares.
‘Terms and Conditions’ means these terms and conditions of use for use of websites and listing services.
‘Website Use Agreement’ means the agreement for the use of the Websites that is concluded between you and the Company at first use of the Websites.
‘User Identity Verification Process’ means the documentation and verification process required by the Company in accordance with relevant European Union law, notably Directives 2018/843/EU and 2015/849/EU and as well as Directives 2009/138/EC and 2013/36/EU, and relevant Danish anti-money laundering and counter terrorist financing legislation.
‘Websites’ means https://crypto-bridge.org/ and https://wallet.crypto-bridge.org/.
2.1 Thank you for choosing CryptoBridge. Further information on our company Liquidblocks ApS is available in the Imprint.
2.3 The Company may exercise full discretion in modifying or discontinuing any part or whole of the Listing Services specified below subject to these Terms and Conditions at any time without cause or prior notice.
2.4 Every person is eligible to access the Websites. However, using any of the Listing Services, functions, or features of the Websites is limited to persons of age 18 or above who have full legal capacity. Legal entities have to be represented by a natural person fulfilling these requirements.
3. No Financial Advice
The Company does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.
5. Website Use Agreement, User Sign-in
5.1 Visiting the Websites does not require user registration. On our Websites you may inform yourself about all details of the CryptoBridge Gateway (the ‘Gateway’), our mission and the all services offered. With the use of the Websites, an agreement for the use of the Websites is concluded between you and the Company (“the Website Use Agreement”). There is no entitlement to the conclusion of such Website Use Agreement.
5.3 The Website Use Agreement is concluded for an indefinite period. The Website Use Agreement can be terminated by you at any time via the support help desk tool without notice and without giving reasons. Listing Services already rendered by the Company remain unaffected by a termination of the Website Use Agreement.
5.4 If you use the Websites and this is neither your commercial nor your self-employed professional activity, the following provisions apply to you as a consumer:
No Consumer Revocation Right
5.4.1 Right of Revocation. By accepting the Services you acknowledge that the Services are “Digital Service” (“Digitalt indhold” in Danish) and the requesting of the Services is conditioned upon you accepting that you forfeit your right of Revocation. However, note that you can always terminate your agreement with the Company, cf. Section 5.3. above.
If we fail to expressly get your consent in regard to forfeiting your right of revocation, cf. section 5.1. just above, the following applies:
You can cancel the Website Use Agreement within 14 days without notice in writing (e.g. letter, fax, e-mail). Revocation period begins after receipt of this instruction in text form, but not before conclusion of the Website Use Agreement. The timely dispatch of the revocation declaration satisfies the revocation period. The revocation is to be addressed to the Company’s postal or e-mail address as listed in the Imprint.
5.4.2 Consequences of Revocation: Effective revocation obliges the Parties to return the services received and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received services or benefits (e.g. benefits of use) to us, or if you are unable to return or surrender them in full or in part, or only in a defective state, you are obliged to pay us compensation for the value of such services or benefits. You may be required to fulfil the contractual payment obligations for the period up to the revocation nevertheless. Obligations to reimburse payments must be fulfilled within 30 days. That period begins for you with the dispatch of the declaration of revocation, for us with its receipt.
5.4.3 Additional Notes: Your right of revocation expires prematurely if, at your express request, the agreement is fulfilled completely by both Parties before you have exercised your right of revocation.In any case you all rights of revocation expire 1 year after entering into this agreement.
6. Listing Services
6.1 The Company operates the CryptoBridge Gateway that functions as a technical service provider in the exchange of Crypto Assets built according to various technical standards on the blockchain-based decentralized crypto asset exchange BitShares (‘BitShares’) via IOUs.
6.2 In order for the Company to facilitate the tradability of your Crypto Asset on BitShares, Developers may retain our Listing Services.
6.3 The Gateway is not part of BitShares in any organizational or functional way. The Gateway does not allow for exclusive access to BitShares. Users may access BitShares via other gateways or if they already possess BitShares compatible Crypto Assets by downloading the BitShares wallet.
6.4 The Gateway does not accept Fiat currencies. Listing Services do not include payments in Fiat currencies, by neither the Company nor Users.
6.5 The Company reserves the right to at any time and in their sole discretion discontinue Listing Services for certain listed Crypto Assets in case the Company suspects a security risk. The Developer undertakes to provide such updates as requested by the Company to mitigate such security risk.
6.6.1 Organizational and technical requirements for listing, forks and swaps are available on our coin form at https://crypto-bridge.org/coin-add/.
6.6.2 Developers may direct a request to list their token or coin (together “Crypto Asset”) on the Company’s Gateway. Such Crypto Asset is first vetted by the Gateway, i.e. examined with regard to technical and fraud issues. Such analysis looks at the product and the developers, taking into consideration data and information provided by the community, activities of the developers, coin parameters, and the coin protocol. The Company in its free discretion based on such analysis approves or disapproves listing of the Crypto Asset. The Company may ask you to provide additional information to make an informed decision. Failure to provide such information will lead to abortion of the listing process.
6.6.3 Once admitted the developers pay a listing fee in BTC as listed in the Fee Schedule https://crypto-bridge.org/coin-add/. The Company reserves the right to change fees at their sole discretion upon giving notice on the Websites. Failure of payment of such listing fees will lead to abortion of the listing process.
6.6.4 Upon payment, the Gateway installs the provided daemon software of the Developer. The Company is not liable for any dysfunction of the provided software or any damages, malfunctions or other negative effects resulting from the Developer’s software with the Company or third parties. The Developer is solely liable for any damages, malfunctions or other negative effects resulting from their software with the Company, the Gateway or other Users.
6.6.5 The Crypto Asset is now listed and can be converted into an IOU named after the original Crypto Asset and carrying the pre-fix ‘BRIDGE’.
6.6.6 Developers need to inform the Company seven days in advance of any updates in the daemon software including swaps and hard-forks. If the Company is not notified in time, the Developer is liable for all damages, malfunctions or other negative effects resulting from the Developer’s software with the Company or third parties. Swaps and hard forks are to be compensated according to our pricing structure available on https://crypto-bridge.org/coin-add/.
You acknowledge that neither the Company (or any person or legal entity affiliated with the Company) nor its Gateway are involved in the trading process, have no control over it and may not influence it in any way. BitShares is solely responsible for the exchange process. The Company is not liable for any losses that Users may suffer due to exchange activity on for example BitShares or any other exchange of Crypto Assets.
Fees incur for the listing of Crypto Assets. The Fee Structure as amended from time to time is available https://crypto-bridge.org/coin-add/.
8. Refund and Cancellation Policy Listing Services
9. User Identity Verification Process
9.1 The Company seeks to protect itself from illicit money laundering and terrorist financing activities via the Gateway and the Services offered and supports prevention measures against money laundering and terrorist financing. As such, the Company adheres to the relevant European Union law, notably Directives 2018/843/EU and 2015/849/EU and as well as Directives 2009/138/EC and 2013/36/EU, and relevant Danish anti-money laundering and counter terrorist financing legislation.
9.2 All Developers agree not to disguise or hide in any way their IP location and to disclose their precise and true location to the Company. All Developers agree to voluntarily disclose changes in such location.
9.3 All Developers are subject to a user identity verification process (the ‘User Identity Verification Process’).
9.4 Developers agree to share personal information requested by the Company in the User Identity Verification Process. Information is used specifically to detect money laundering, terrorist financing, fraud and financial crime conducted through the Gateway and Services offered. Developers agree to us keeping their information on record for the duration of their Account with the Company plus an additional five years.
9.5 Identity verification may include, but is not limited to name, place and date of birth, nationality, e-mail address, postal address and place of residency, type and number of government-issued identification document. In case the developer is a legal entity, the User Identity Verification Process may include, but is not limited to company registration documentation and information on the ultimate beneficial owner, i.e. the natural person ultimately benefiting from the legal entity’s business activity.
9.6 In providing such information, you also confirm the correctness of such information. In case of reasonable doubt regarding the correctness of such information, the Company will request further information or proof. Should you fail to provide the latter, the Company retains the right to discontinue its Services to you.
9.7 Developers acknowledge that they are under the obligation to timely update all information provided should there be changes.
10. Suspension, Prohibition of Use
10.1 If the Company finds, in their sole discretion, that your activities are suspicious or do fulfill any of the below-prohibited uses or fulfills other reasons for suspension, the Company may suspend temporarily or indefinitely the listing of your Crypto Asset without prior notice. The same applies when such action is ordered by a competent court or Danish authority.
10.2 Prohibited Uses: You may not:
10.2.1 Use the Company’s Websites and Listing Services to disguise the origin or nature of illicit proceeds of, to further any breach of applicable laws, or to transact or deal in any illicit Crypto Assets, funds, proceeds, Fiat currencies, property or other assets;
10.2.2 Use the Company’s Websites and Listing Services if your interaction with the Company exposes the Company to liability under, inter alia, anti-money laundering, terrorist financing, anti-corruption, economic sanctions laws as well as Danish criminal law and international criminal law;
10.2.3 Use the Company’s Websites and Listing Services to evade taxes under the laws of Denmark or any other jurisdictions applicable to our Websites and Services;
10.2.4 Use the Listing Services with Crypto Assets that do not belong to you and/or which you have not obtained legally;
10.2.5 Take advantage of a technical glitch, malfunction, failure, delay, default, security breach;
10.2.6 Falsify an account, Crypto Assets, wallet addresses, notably to take over another identity;
10.3 Other reasons for suspension:
10.3.2 User provided false information;
10.3.3. User succeeded or attempted to use the Company’s Listing Services for such purpose or in such way as would cause damage to the Company, third parties or other Users or the Company determines such based on credible information, notably by law enforcement agencies;
10.3.4 User interferes with the Gateway operations in any way;
10.3.5 Company is requested to suspend access by public entity, notably, law enforcement authorities;
10.3.6 User dies, becomes incompetent, or goes bankrupt;
10.3.7 Company determines that continued business relationship with the User would be unsustainable.
10.4 The Company reserves the right to hold you liable for losses incurred at the Company or a third party due to non-compliance with the above-prohibited uses.
10.5 The Company reserves the right to inform relevant agencies of any criminal activity or payment fraud (including credit reference agencies in your jurisdiction).
10.6 The Company is not liable for any damages incurred at the User because of any action taken by the Company in accordance with this Article.
10.7 If, at the time of indefinite suspension, the User still has an open position with the Gateway, the User has three months to claim back Crypto Assets. All Crypto Assets not claimed back are non-refundable.
11. Discord Community, Obligations of Developers
11.1 The Company offers a Discord Community for Gateway Users (the ‘Forum’) on https://discordapp.com/invite/9mmg9MT. Users have to create an account with Discord to make use of the Forum.
11.2 The Company only uses the services of Discord to set up the Forum. The guidelines of Discord apply and may be found here: https://discordapp.com/guidelines.
11.3 Users may publish information, data and other contents related to the Gateway on the Forum. The Company also shares contents via the Forum.
11.4 You may not use the contact data of other users of the Forum who have come to your knowledge for any other purpose than personal communication with the User.
11.5 You agree not to pass on your access data (username and password) and to store them in such a way that they are not accessible to third parties.
11.6 When using the Forum, you commit yourself to comply with the applicable law; in particular, you commit yourself not to disseminate any infringing, notably insulting, racist, sexist, pornographic, dishonorable or fair trading content via the Forum.
11.7 You are liable for all activities attributable to you that are carried out under your Discord Community user account. If you become aware that an activity not initiated by you was carried out via your Discord Community user account, you are obliged to inform us immediately via our support help desk system. The Company will then block the affected Discord Community user account until the facts of the case have been clarified. The Company is liable for the misuse of your Discord Community user account only for damages that can be proven to be due to the fault of the Company.
11.8 The Company is only able to check the data provided during registration to a limited extent. The Company can therefore not exclude the possibility that a user deliberately provided false or incorrect information during sign-in or registration. If you contact another user, you must therefore convince yourself of the identity of your communication partner.
11.10 You grant the Company the following non-exclusive rights of use for any content (such as texts, pictures, videos) posted by you on the Forum for an unlimited period of time:
11.10.1 The right to store the textual contribution / written work and/or photos (photographs) and/or videos (moving images) in a database or HTML pages or files with other formats suitable for representation on the Internet.
11.10.2 The right to make the textual contribution, the written work and/or photos (photographic works) and/or videos (moving images) wholly or partially accessible and to reproduce.
11.10.3 The right to use the textual contribution, the written work and/or photos (photographs) and/or videos (motion pictures) in other media, such as radio and television, on CD-ROM, in print products and in all currently known types of use.
11.10.4 The granting of rights includes all types of offers for websites, in particular the free Internet, paid Internet offers, other online services, offline providers and internal networks. In particular, the granting of rights is not limited to use on the Internet.
11.11 You grant the rights listed under 12.10 free of charge.
11.12 Granting rights of use also includes such rights necessary to achieve the purpose of this Website Use Agreement and only arise in the future based on new legislation or for other reasons.
11.13 You assure and vouch for the fact that you are the legal owner of the rights of use to the posted contents (texts, photos, videos) and that you can freely dispose of them in the form required for the offer of the Company. You guarantee that the contents licensed by you are free of rights of third parties.
11.14 Notably, you undertake not to transmit any data/content with content infringing the rights of third parties (such as personal rights, name rights, trademark rights, copyrights and ancillary copyrights) or violates existing law.
11.15 Termination of your Discord Community account by you does not give raise to claims against the Company to the surrender or transfer contents provided by you. The Company retains the services of Discord Community for their Forum. Contents are in possession of Discord Community.
11.16 Enquiries, bookings and offers as well as the publication of any content may only be made by the registered User. The access data, in particular the password, must be kept secret and protected from access by third parties. We will not ask you for your password at any time.
11.17 Users are liable for all activities in connection with their Discord Community account, unless it is proven out of their responsibility. If you become aware that an activity not initiated by you was carried out via your Discord Community user account, you are obliged to inform the Company immediately via our help desk system. The Company suspends the affected Discord Community user account from using the Services until the facts of the case are clarified. The Company is only liable for damages from the misuse of your Discord Community user account that are proven to be due to a failure attributed to the Company.
11.18 The Company only has limited options to verify the data provided at the time of sign-in/registration. The Company can therefore not exclude that a user deliberately provides false or incorrect information. If you contact another user on CB Discord Community, you must therefore convince yourself of the identity of your communication partner.
12. Liability and Liability Limitations
12.1 The Company accepts liability for intent and gross negligence. The liability of the Company is limited to contract-typical damages foreseeable at conclusion of the contract in case of mildly negligent breach of a main obligation or a secondary obligation, the breach of which endangers the achievement of the contract’s purpose, or the fulfillment of which is essential for the proper execution of the contract, and on the observance of which Users could reasonably rely (“Essential Secondary Obligation”).
12.2 Towards other corporations, the Company is only liable for intent or gross negligence on our part, by our lawful representatives, executive employees or other vicarious agents, except in the case of breaches of material contractual obligations. In the event of a breach of material contractual obligations, the Company shall be liable for any culpable act of its lawful representatives, officers or other employees.
12.3 The Company is not liable for the mildly negligent violation of secondary obligations that are not Essential Secondary Obligations.
12.4 With the exception of tort claims, Developers’ claims for damages with limited liability shall become statute-barred one year after the beginning of the statutory limitation period. As far as the liability of the Company is excluded or limited, the statute of limitations also applies to the personal liability of its employees, other staff and vicarious agents.
12.5 The Company is not responsible for the contents of any linked site or any link contained in a linked site from its site to a third party website. The responsibility for contents on such third party sites on the Internet is exclusively subject to their respective operators. The contents and/or operators may also change after link setting, without the Company’s knowledge or influence. The Company does not assume any obligation to check the contents of third party websites for their legal accuracy. By linking these sites, the Company merely provides access to these websites. The Company does not assume any responsibility for third-party websites’ contents. The Company also does not adopt the contents of third-party websites as their own. Please let us know if you become aware of a possible infringement through a link set by us or through content published by Company members. Please use one of the contact possibilities given in the imprint. As we are not in a position to gain knowledge of possible violations of the law committed by users of the Websites on third-party websites, we reject any liability and compensation of legal prosecution costs.
12.6 The Company takes all necessary and prudent precautions to safeguard Crypto Assets from hacking.
12.8 Force Majeure: The Company is not liable for any damages due to Force Majeure.
12.9 The Company takes all necessary and prudent efforts to provide Users with high-level Listing Services, including applying the necessary diligence in retaining third-party services. The Company accepts no liability for interferences with the normal service level that are not under the control of the Company. It will inform Users on the Website or the Forum if the service level is interrupted for more than [xxx] hours.
13. Representations and Warranties of Users
The User warrants the following:
13.1 Not to use, store, reproduce, display, modify, sell, publish, transmit and distribute, or commercially exploit the Listing Services without prior written permission of the Company;
13.2 To adhere to all rights to proprietary information (including, but not limited to, all intellectual property rights such as; patents, trade marks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable laws,) of the Company and subsisting in or relating to the Services.
13.3 Not to use the Listing Services for any unlawful or unauthorized purpose.
13.4 That the User has the required skill and judgment to make use of the Listing Services, and all time will exercise its best judgement in the use of the Listing Services.
14. Law Enforcement Requests Policy
The Company receives information requests about its customers from law enforcement agencies worldwide. Law enforcement is generally interested in data regarding (i) Users’ identities and (ii) information on Users’ activities regarding the Company’s services. The Company requires that information requests follow the appropriate legal process, including production orders, search warrants, and subpoenas, but also requests for voluntary disclosure of data. The Company will review each order and request for voluntary disclosure to determine its legal validity and disclosure will only relate to data law enforcement is entitled to. The Company also reserves the right to make disclosures to authorities in order to protect itself, any associates, and Users. Please contact the Company at [email protected] for requests and inquiries.
15. Intellectual Property
15.1 The contents offered by the Company are protected by copyright. Their use is subject to applicable law. The Company Websites and contents may not be changed, copied, republished, transferred, processed or stored without the consent of the Company. The contents may only be used for private, non-commercial purposes under strict consideration of copyrights and ancillary copyrights.
15.2 The company owns the brand names relating to the Websites and any other trademarks used by the Company.
15.3 By using the Website and/or the Listing Services you do not obtain any rights in the trademarks or Website content.
15.4 The Company uses the following open source software elements registered under the following licenses: motdotla/dotenv (GitHub), ethereumjs/ethereumjs-tx (GitHub).
16. General Risks
16.1 Hacking: There is always a risk of hacking that even a high level of diligence cannot completely exclude. Hacking may affect the functioning of the Gateway, the stock of Crypto Assets and the timeliness of Services provided by the Gateway.
16.2 Technical Infrastructure: The Company retains external telecommunication and other infrastructure providers that are selected with great diligence based on state of the art technical capabilities. Malfunctions, failures and breakdowns of such external systems may affect the Services of the Gateway.
The Company has not audited the tax treatment of any of the services offered on their Websites for Users. Using any of the Company services may have tax consequences, in particular information obligations and taxation. It is the sole responsibility of the User to obtain the necessary qualified tax advice, to report, pay and remit the correct taxes, if applicable, to the appropriate tax authorities in the relevant jurisdictions.
18. Modification of Websites, Unavailability of Services, System Integrity
18.1 The Company may at any time change, suspend or delete any aspect of the Websites, including all current and future site features, databases and content, for any legal, business or technical reason. The Company may also restrict the use of certain features, services or access to the Websites or portions thereof without notice or liability of any kind.
18.2 Access to the Websites may be interrupted temporarily and/or unexpectedly due to technical problems on the part of the Company, the Company’s service provider, other third parties or the Internet as a whole. The Company will take reasonable measures to remedy the interruption, if this is within the Company’s control. However, the Company expressly makes you aware that no uninterrupted access to the site or its functions can be guaranteed. The Company cannot be held liable based on such Website interruptions, whether caused by the Company, the Company’s service provider, other third parties or the Internet as a whole or force majeure. You understand that such events may cause delays in executing or processing listings, deposits or withdrawals and are aware that you have to take precautions accordingly.
18.3 You are obliged to set up your system and programs in connection with the use of Services on the Websites in such a way that neither the security, nor the integrity, nor the availability of the Company’s systems are impaired. You may not block, overwrite or modify any foreign content or interfere in any other way with the Company’s Services. The Company is entitled to set up necessary measures (e.g. access blocks) which are necessary to ensure the system integrity of the Company’s or third party systems.
19.2 The Company reserves the right to change or extend services, especially content and structure of the Websites as well as the corresponding user interfaces.
19.4 The Company is entitled to transfer rights and obligations from this contractual relationship in whole or in part to third parties.
19.5 For all disputes arising from the contractual relationship between you and the Company, you agree that the laws of the Kingdom of Denmark shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
19.6 Forum selection clause. Any suit, claim, or other action to enforce the terms of this agreement shall be brought exclusively in Copenhagen, Denmark.