Terms of Use

BanQu, Inc. (BanQu)

Effective June 30, 2016

These Terms of Use govern your access to and use of BanQu’s website at http://www.banquapp.com/ and any other website or online application that links to these Terms (the “Services”).  These Terms are a legal contract between you and BanQu, and you agree to this contract by using the Services.  These Terms also contain limitations on BanQu’s liability and an arbitration provision, so it is very important that you review them carefully before using the Services.

General

Please read these Terms carefully before using the Services.  Your use of the Services is subject to these Terms.  Your use of the Services constitutes acceptance of the conditions included in these Terms, as well as any further limitations that BanQu may provide to you in any written or online notice from or agreement.

BanQu may modify these Terms or change any features of the Services at any time without direct notice to you.  You can determine whether the Terms have been modified by clicking on the “Terms of Use” link on the Services.  By continuing to access or use the Services, you agree to follow and be bound by the Terms as revised.  For this reason, we encourage you to review the Terms frequently.

Applicable Laws

You are required to comply with all applicable laws in your access to and use of the Services.  You warrant that you will not use the Services for any purpose that is unlawful or prohibited by the Terms.  You must be 13 years of age or older to use the Services.

Your agreement to these Terms shall be governed by the laws of the United States and the New York, with the exception of New York’s provisions for conflict of laws.  By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

Registration and Security

You agree to provide accurate, current and complete information about yourself on the Services and to promptly update this information to maintain its accuracy.  We may suspend or terminate your account and refuse any and all current or future use of the Services if we suspect that your information is inaccurate or incomplete.  You are responsible for maintaining the confidentiality of any password and username you use in connection with the Services, and you are fully responsible for all activities that occur under your password or account.  You agree to immediately notify BanQu if you become aware of any unauthorized use of your password or username or any other breach of security.  You may not transfer, sell, or otherwise assign your BanQu account or your rights or obligations under these Terms.

Privacy

By using the Services, you acknowledge that you understand the information collection, use, disclosure, and retention practices described in the Privacy Policy at http://www.banquapp.com/privacy_policy/

Copyrights

The Services (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) are protected under the copyright laws of the United States and other countries.  All copyright rights in the Services are owned by BanQu or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws.  Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services.  To obtain written consent to use a copyrighted work, please contact info@banquapp.com or Klarquist Sparkman, LLP, 121 S.W. Salmon Street, Suite 1600, Portland, OR 97204.

Trade and Service Mark Rights

All rights in the company names, trade names, logos, service marks, and slogans, whether or not appearing in large print or with the trademark symbol, belong exclusively to BanQu or its respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of BanQu, its affiliates, or any third party.  To obtain written permission to use the trade and service mark rights of BanQu, please contact info@banquapp.com or Klarquist Sparkman, LLP, 121 S.W. Salmon Street, Suite 1600, Portland, OR 97204.

Prohibited Conduct

By using the Services, you agree not to (and agree not to encourage or induce any third party to):

  1. provide false, inaccurate, or misleading information;
  2. use our Services to pay for, support or otherwise engage in any illegal activities, including but not limited to illegal gambling, fraud, money-laundering, or terrorist activities;
  3. use or attempt to use another user’s account without authorization;
  4. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  5. take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure;
  6. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services;
  7. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents available on the Services and other than generally available third-party web browsers;
  8. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
  9. engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.

You further agree not to violate or attempt to violate the security of the Services, including, without limitation:

  1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” the Service;
  4. sending unsolicited e-mail, including promotions or advertising of products or services;
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability.  BanQu and its affiliates may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

Termination

BanQu may terminate this agreement for any reason at any time.  BanQu reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice.  Otherwise applicable sections of the Terms shall survive termination.

Disputes

If any dispute arises between you and BanQu, BanQu and you agree to negotiate in good faith to achieve a mutually acceptable resolution.  If you and BanQu do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration.  You are giving up the right to litigate, or participate in as a party or class member, all disputes in court before a judge or jury.  Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a right of appeal under the Federal Arbitration Act.

Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York, New York.  The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction.  To the extent permitted by law, any claim or dispute must be filed within one year in an arbitration proceeding.  The one-year period begins when the claim or notice of dispute first could be filed.

Assumption of Risk, No Warranties

The Services contain information that was believed current as of the date of inclusion.  While we may periodically update or correct information on the Services, we make no representation or warranty as to its accuracy, and we do not intend to update such information.  The information on the Services is general in nature and is provided for information purposes only; it is not intended or recommended as a substitute for professional advice.

Your use of the Services is at your own risk.  You accept and acknowledge that there are risks associated with using Internet-based economic identity services, including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored in your account and on the blockchain.  You accept and acknowledge that BanQu will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.  We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any loses, damages or claims arising from: (a) user error or omissions in connection with any transaction initiated via the Services, (b) server failure or data loss, (c) unauthorized access to your account, or (d) any unauthorized third party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the Services.

Without limiting the foregoing, EVERYTHING ON THE SERVICES IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY AS TO THE ACCURACY, MATERIALITY, CURRENCY, COMPLETENESS, LEGAL OR GOVERNMENTAL COMPLIANCE OR RELIABILITY OF ANY INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE.  YOU ARE RESPONSIBLE FOR CONTEMPORANEOUSLY AND INDEPENDENTLY VERIFYING ANY INFORMATION CONTAINED IN THE SERVICES BEFORE RELYING ON IT.  WE FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

Some jurisdictions do not allow the exclusions of implied warranties; therefore, the above exclusion may not fully apply to you.

No Cancellations or Modifications

Once transaction details have been submitted via the Services, BanQu cannot assist you to cancel or otherwise modify your transaction details.  BanQu has no control over the blockchain network and does not have the ability to facilitate any cancellation or modification requests.

Taxes

It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.  You agree that BanQu is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

Links to Other Websites

The Services contain links to other websites maintained by other companies.  We provide these links to you only as a convenience.  The inclusion of any link does not imply endorsement by us of any third party site.  We do not have any control over the content of such third party sites and assume no responsibility whatsoever for the accuracy on any information contained on such third party sites.

No Waiver

The failure of BanQu to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BanQu as a result of these Terms or your access to and use of the Service.

Entire Agreement

Unless otherwise specified herein, the Terms constitute the entire agreement between you and BanQu and govern your use of the Service.  If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.