1.1. Before using the website www.blocknow.com, please read in full and carefully the provisions of these Terms and Conditions ("T&C" and/or "Terms and Conditions").
If you do not agree with the provisions of the Terms and Conditions, including any updates thereof, please stop using the Blocknow online platform immediately.
1.2. Use of the Blocknow online platform and Services provided through the platform represents the express agreement to accept these Terms and Conditions (including any updates thereof), even in the event of the User's failure to review the applicable Terms and Conditions.
1.3. In order to create an account, we ask you to agree to this set of Terms and Conditions by specific action, having the value of unequivocal consent (e.g. ticking a specific box).
1.4. BY USING THE BLOCKNOW PLATFORM AND ANY OF THE SERVICES, YOU EXPRESSLY AGREE TO THE APPLICABILITY OF THE FOLLOWING CLAUSES:
1.5. The Blocknow Platform is an online advertising platform which has the main purpose of helping Advertisers (as such are defined in these Terms and Conditions) deliver ads to users in the field of finance and cryptocurrencies. Through Blocknow, Advertisers can promote and/or present their websites/products to potential investors.
1.6. How we carry out our operations within Blocknow is as important as the results we achieve. In our activity, we are committed to complying with the highest advertising standards, national (ASAI Code of Standards for Advertising and Marketing Communications in Ireland) and international. These principles give us the guarantee of a high level of quality in the long term and the continuous achievement of outstanding results.
2.1. The present Terms and Conditions specify the conditions of use of the www.blocknow.com website ("Website" or "Blocknow Platform") and the services offered through it by the Company ("Services"), and represent a legally binding agreement (the "Agreement") between DMG Venture Capital, a Private Company Limited by shares, with company registration number J22/3353/2017 and tax registration number RO38437119, headquartered in MUN. IAȘI, STR. GRĂDINARI NR. 4-5, BL. NOVA, SC. A, ET. 5, AP. 20, JUD. IAȘI, ROMANIA (hereinafter referred to as the "Company") and users of the Blocknow Platform ("Users"), respectively:
3.1. These Terms constitute a legally binding agreement between you and the Blocknow platform.
3.2. These Terms apply to any and all Services, information, texts, and other products, offered on the Website by the Company.
3.3. By accessing the Website, opening an Account on the Website, or ticking the "I agree to the Terms of Use and Privacy Policy" checkbox, you agree to be bound by these Terms and confirm that you have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy, and other legally binding document publicly available on the Website.
3.4. You cannot use the Website and create the Account if you have not read, understood, and accepted all the provisions of these Terms.
3.5. KYC/KYB (Know your customer - individual/business) is the process of identifying and verifying customers. Identification means gathering a customer's personal/business data; verification means checking that this data is accurate. For individuals, the KYC process will be done through the UAB partner "iDenfy", a company registered under the number 304617621, headquartered in Gričiupio g. 7-212, Kaunas, https://idenfy.com. Regarding legal entities, they will upload the incorporation documents of the company with which they registered as a user, and these will be verified by Blocknow's KYB team.
4.1. The Blocknow Platform is a demand-side platform that allows Advertisers to promote their project, products, services, or business, through an extensive network of Web Publishers.
4.2. The Company offers Advertisers the opportunity to set up and configure their advertising campaign (e.g. Advertisers can choose the type of banner they want to use or the country targeted by the advertisement). "Campaign" means the order issued by an Advertiser via the Blocknow Platform, defined by a number of settings that are necessary for the broadcasting of an advertisement, intended to promote Advertisers' projects.
4.3. Advertisers will have access to the Services only after the creation of a User account on the Website, subject to the conditions set out below.
4.4. Other services that may be subsequently implemented on the Website are subject to this set of Terms and Conditions, unless they have specific terms and conditions that will be formulated separately.
4.5. All advertising Campaigns on the Blocknow Platform are served, tracked, and reported by the Company. The data generated by a Campaign will only be available for 1 (one) year. After the expiration of this period the data will be deleted.
5.1. In order to have access to the Services, you have to create a User account on the Blocknow Platform following the steps communicated by the Company.
5.2. Upon registration, the User has to provide all the requested information in the registration form available on the Website and to confirm the email address in order for the User account to be created.
5.3. The confirmation that the email address used to create the account belongs to you will be done by entering the 6-digit code received on the provided email address, in the respective field.
5.4. THE INFORMATION PROVIDED TO CREATE THE USER ACCOUNT MUST BE REAL, COMPLETE AND CORRECT. If the information provided during the creation of the user account changes subsequently, the User is obliged to promptly update the respective information contained in the User's account.
5.5. For security reasons, any changes to the data regarding the User account, billing address, email address used to log in, etc., will be made through a request sent to our team from the email address used for the user's account, containing all the information to be modified. The email address to which the data change request will be sent is contact@blocknow.com.
5.6. The Company reserves the right to verify the information provided by the User upon registration and to also request supporting documents if any third parties (such as, without limitation, state authorities, banks, payment processors) so request for grounded reasons.
5.7. A User can create multiple user accounts for the Blocknow Platform, but only with different customer information than on his current account, and respecting the KYB process for each account, according to point 3.5.
5.8. Through the User account created on the Blocknow Platform, the User's access to the Services provided by the Company is ensured, with the account becoming functional after the User goes through the process of knowing the clientele, according to point 3.5. Moreover, the User account shall keep a record of all the amounts paid in advance by the Advertisers as per Clause 7 below. For the avoidance of any doubt, the information on the value of such amounts is reflected in the User account for information purposes only, providing the User with a record of the amounts that can be further used for acquiring Services. Depending on the operations made by the User, the information in the User account shall be appropriately updated. For the avoidance of any doubt, the User account does not store funds and does not allow the performance of any transfers or other operations in relation to them.
5.9. By creating the account, the User expressly declares and warrants that:
5.10. The Company reserves the right to delete user accounts that have been inactive for a period of one year, with the provisions of Clause 7.15.
5.11. Without a valid and confirmed email address, the User account cannot function optimally. Confirmation of the email address also prevents unauthorized persons from using the email address.
5.12. Users shall not use automated means, including scripts, robot, bot, spider, crawler and /or any computer applications/programs that may deceive or simulate certain activities or statuses on the Website, or, in any way, exploit certain functions or vulnerabilities of the Website in order to obtain advantages, for themselves or for other Users, regarding the use of the Services offered through the Website.
5.13. The Company reserves the right to restrict or exclude Users' access to the Website, as well as to delete or restrict the user account, within the limits of the law, if it considers that based on the User's conduct or activity, access and existence of the account may harm in any way the Company or other Users.
5.14. IMPORTANT NOTE! The Company shall not accept the registration as Users and shall not perform any activities whatsoever (shall not collect amounts from or make payments to) individuals or legal entities with their domicile/residence/office in one of the following States: Afghanistan, Ivory Coast, Cuba, Eritrea, Guinea, Iraq, Iran, Liberia, Myanmar, Rwanda, Sudan, Sierra Leone, South Sudan, Syria, Zimbabwe, North Korea, Russia, Belarus, Ukraine (only for Donetsk and Luhansk).
Should the Company find out the certain Users have their domicile/residence/office in one of the States provided at Clause 5.14, the Company reserves the right to erase the User accounts of such Users.
6.1. The Company does not accept any form of advertisement that can hurt or is inappropriate for the general audience. In order for an advertising Campaign to be accepted, the Advertisers' landing page must comply with the present Terms and Conditions.
6.2. If you act as an advertising agent for another individual or entity, then you represent and warrant that: (a) you are authorized to, and do, bind that individual or entity to the Terms and Conditions; and (b) all of your actions in connection with these Terms and Conditions are and will be within the scope of the agency relationship between you and that individual or entity, and in accordance with any applicable legal and fiduciary duties.
6.3. When acting as an agent on behalf of an advertiser, we may request that you provide written confirmation of such and/or evidence of the advertiser's consent.
6.4. The general criteria on which the approval of a Campaign relies are as follows:
6.5. The Company reserves the right to deny any website from joining its display network or advertising Campaign, without providing any justification, including but not limited to sites/advertising aimed at promoting sites:
7.1. The Company may offer Advertisers discounts, rebates, or other promotions in respect of the Services offered, in accordance with its commercial policy.
7.2. In order to start using the Services, Advertisers have to pay to the Company, in advance, a minimum amount of EUR 100. The amounts paid may be spent on any campaign type offered by the Company. For the amounts paid in advance to the Company by the Advertiser (which represent the counter-value of the Services provided by the Company through the Platform), the Company will issue relevant invoices. Advertisers' active campaigns will receive traffic as long as the price for the supply of these Campaigns is paid in advance. For information purposes, the value of the amounts paid to the Company by the Advertiser is recorded in the User account of the Advertiser. The value standing to the balance of the User account shall be updated to the extent that the Company provides Services to the Advertiser, as per the latter's instructions. The balance of the User account shall indicate at any time the value of the amounts paid in advance by the Advertising Agent and in consideration for which no Services have been provided yet by the Company. If the Advertiser's User account balance becomes zero or negative, i.e. there are no further amounts paid in advance by the Advertising Agent and not used, all Campaigns activated through its user account will be stopped immediately. If the User balance becomes negative, the negative sum will be deducted from the next deposit of the User.
7.3. The price for the Services provided by the Company is calculated based on a CPM pricing model and statistics gathered by the Company. For details, please refer to Insertion Order form that you can find on the Website.
CPM = Cost per thousand impressions.
7.4. Advertisers can transfer funds to the Company for the payment in advance of the price of the Services via bank transfer or using cryptocurrency which will be converted automatically into EUR via an authorized third-party payment processor, and will be collected by the Company in EUR.
7.5. In order to be able to make a payment to the Company, your profile needs to be filled in with your real personal information (first and last name, email address, country of residence, and full address). If the user account created is a company account, the company details need to be completed as well. Should the Advertiser refuse to fill in this information, the Company reserves the right to suspend or/and delete the user account.
7.6. The currency for all Blocknow accounts balance is EUR, therefore, any funds transferred to the Company will automatically be converted to EUR. All the exchanges fees will be supported by the User, which will be retained from the amounts initially paid in advance by the Advertiser.
7.7. Any funds you transfer using cryptocurrency will be automatically converted to EUR after the payment is confirmed by the network, and not when the deposit is initiated. The exchange rate is the one communicated and used by our authorized payment processors.
7.8. The amounts paid in advance should be transferred in a single full transaction. Should you transfer funds through numerous micro payments, the Company reserves the right to suspend and/or delete the account.
7.9. All bonuses earned or granted to Advertisers on the Website are not eligible for payment to such Advertisers. Bonuses can be used for advertisement acquisition and are the last to be used (i.e. when Advertisers create a Campaign, the price of the Service shall be first deducted from the amounts transferred in advance by the Advertiser, and then from their bonus).
7.10. ALL AMOUNTS PAID BY ADVERTISING AGENTS AND REFLECTED IN USERS' ACCOUNTS ARE NON-REFUNDABLE.
7.11. Advertisers may pause or stop their Campaign(s) at any time, without having to give any explanation, using the dashboard offered. The Campaign(s) can be resumed at a later time. If no changes have been brought to the Campaign(s), then they will be resumed instantly. If there were changes brought to the Campaign(s), they will have to go through the review process.
7.12. Advertisers are solely responsible for stopping/pausing their Campaign(s). Otherwise, the Campaign will remain active until all the funds transferred in advance to the Company, the value of which is shown for informative purposes in the User account, are spent. If the amounts paid in advance by an Advertiser were fully used for the payment of the Services provided, all the Campaigns will be suspended/will not receive traffic until the Advertiser transfers new funds to the Company, unless they have been stopped/paused.
7.13. All advertising Campaigns are moderated within 24 hours from the moment of the registration during working days, but it may take up to 72 hours during weekends or legal holidays.
7.14. Advertisers agree that if any kind of malware, exploits, hijacks, or viruses are detected on any of the promoted pages, their user accounts will be blocked, and they will not be entitled to a refund of the amounts paid in advance.
7.15. If a user account stays inactive for one year, it will be permanently deleted, with no way of retrieving it or the paid and unused amounts, upon expiry of the 1-year term. The Company will send several emails on this subject to the User as follows:
7.16. When an Advertiser, a legal entity, or an individual makes deposits, the customer's information regarding his identity and activity is verified by our team to comply with our legal obligations and tax responsibilities.
7.17. Our Compliance team could cancel the payment or/and deactivate the account of a Blocknow Advertiser without being limited to the following situations:
Please note, that our compliance team is continuously monitoring the clients of Blocknow as a part of the Company's responsibility to comply with the anti-money laundering laws, protect our clients, by offering them security in making transactions with Blocknow, and ensure our integrity is never compromised by unlawful activity on Blocknow.
7.18. Users cannot change their account type in Blocknow from an individual to a company account or from a company account to an individual account and neither transfer the balance from one account to another account, except the case when the same legal entity or individual is behind that Blocknow accounts.
7.19. Users who are individuals and not legal entities should ensure that the address introduced in the address field matches the address from the identity document used during the KYB verification. If we discover during our verifications that the address needs to be completed or corrected an e-mail will be sent from us for the correct information within five days. In case the user does not provide accurate information within this term, the verification of the account will be withdrawn and the user must contact our compliance team to reactivate it.
8.1. Users represent and warrant that they have full authority and power to enter into this Agreement and perform their obligations hereunder.
8.2. Users represent and warrant that they are not using the Blocknow Platform for any illegal purposes that may violate any applicable laws or rights of any third parties (including intellectual property rights).
8.3. Users accept and acknowledge that the Company will not be liable in any way for any damages, losses, costs of any kind, arising from the violation by the Publishers of their obligations to Advertisers or vice versa.
8.4. Users accept and acknowledge that the information provided by the Company through its Website does not constitute professional, financial and/or investment advice, nor does any information on the Website constitute a comprehensive, complete, or correct statement of the matters discussed. By using the Website and/or the Services, Users agree not to hold the Company liable for any potential damage arising from any decision Users make based on information or other content made available to them through the Website.
8.5 Advertisers represent and warrant that all materials content provided to the Company as well as all promoted material and products comply with all applicable laws and regulations and do not breach any third-party rights.
8.6. Advertisers represent and warrant that their servers support the traffic directed to their websites through the Publishers' websites. Advertisers acknowledge the Company takes no responsibility for the consequences arising if their servers cannot support the traffic. In such a situation, please contact the Company at the email address mentioned below. Upon receipt of such an e-mail, the Company will have the right to suspend your advertising campaign. All information mentioned will be transmitted at the email address: contact@blocknow.com.
8.7. IMPORTANT NOTE! The Company draws the attention to Advertisers who make deposits in the Blocknow platform that these amounts - available in each customer's account - have a notional value, calculated and administered at our discretion. Therefore, this value doesn't represent an effective amount the Advertisers are entitled to spend or to withdraw. The Company reserves the right to limit the clients' access to these amounts depending on the circumstances and to conduct additional checks on the users' activity on Blocknow platform before providing services to Advertisers.
9.1. The Users agree to keep all the details of this contractual relationship confidential (any information or data, including, but not limited to, data that may result from both the submitted documents and the exchange of e-mails between us: information about our customers and business partners, our products and services, technology, software, statistics, price rates and any other information that is non-public, sensitive, or should be considered by them a commercial secret and should therefore be confidential), and not to disclose information of any nature exchanged (including communication sent to them by us) before or during the term of the Agreement to any third parties.
9.2. The Users will take reasonable steps to ensure the confidentiality of the sensitive information, including but not limited to at least the same measure of protection that they apply to their data of similar nature, and shall not disclose confidential information to any person or entity other than their officers, employees, and consultants who need access to such confidential information to effect the intent of this Agreement and who have entered into written confidentiality agreements with them consistent with this section.
9.3. The Users undertake not to use or share any information about the Advertisers or the Publishers directly or indirectly for their own/third party’s commercial benefit or to compete or cause prejudice to our activities or clients in any manner whatsoever.
9.4. The obligation of confidentiality will not apply in the case of authorized use or disclosure when it is required by law or the competent authorities or if the information is already or becomes available to the general public other than through unauthorized disclosure.
10.1. The User has the right to terminate the Agreement established with the Company under this set of Terms and Conditions at any time, subject to a notice period of 14 days. The termination may be accomplished by requesting the Company to delete the user account.
10.2. If an Advertiser terminates the Agreement, the amounts owed for the Campaigns requested before the termination date and for which the invoice was issued are not refundable, according to the paragraph 7.13.
10.3. The Company reserves the right to terminate this Agreement at any given time, subject to a 24h notification sent via email to the User. In such case, the User will be entitled to a refund of all the amounts paid in advance and not used, in case of termination for reasons not attributable to the User. The amounts owed to the Advertiser are given by the value recorded for informative purposes in the user account of the Advertiser.
10.4. In the legal event of a refund, the payment to the Advertiser will be made in the same way as the transfer performed by the User, as follows:
11.1. The Company may periodically modify and improve the Website and/or the Services provided through it. The Company may add or remove functionality or functions to the Website. The Company may also suspend or terminate partially or completely temporarily or permanently the operation of the Website and/or the provision of any of the Services.
11.2. At least 15 days prior to any amendment to the Terms and Conditions (made, e.g., to correspond to changes in the legislation or Services provided by the Company), the Company will publish a notice on the Website regarding the change in the Terms and Conditions. The information will cover the provisions to be amended and the date on which the updated version of the Terms and Conditions will enter into force by publication in accordance with the above provisions. Please check the Website frequently to stay informed on all the updates of the Terms and Conditions.
11.3. During the notice period regarding the modification of the Terms and Conditions, the User has the right to terminate the Agreement by sending a written notification. In this case, the Agreement terminates within 15 days from the transmission of the written notice of termination (and Users will no longer be able to use the Company's Website and/or Services), unless a shorter period has been provided for in the notice. Continuance to use the Website after expiration of such terms is considered acceptance of the relevant amendments.
11.4. The minimum notice period of 15 days shall not apply if:
11.5. The Company reserves the right to terminate the Agreement established under this set of Terms and Conditions (or any other set of additional applicable terms and conditions), based on prior written notice, if the User does not comply with these Terms and Conditions and/or any other sets of additional terms and conditions or applicable legal provisions.
11.6. In such cases, the Company may limit or exclude User access to the Company's Website and/or Services, or may deactivate, temporarily or permanently, and/or delete the User's account.
11.7. The Company reserves the right to deactivate, temporarily or permanently, and/or to delete the user account, based on prior written information, in particular, in the following cases:
12.1. In cases of force majeure, the Company will be released from its obligations.
12.2. All unforeseen events shall be considered force majeure events. Such events will include in particular legal measures in strike situations, also when they occur within third companies, official measures taken by the authorities, failure of communications networks and other providers' portals, disruptions to network operators and other failures, also where such events occur at the level of subcontractors, sub-suppliers, and their subcontractors.
13.1. The Company wants to offer access to the Website and its Services to as many potential Users as possible. However, given the technical diversity of hardware devices, operating systems, and other technical specifications, the Company does not guarantee the compatibility and proper functioning of all devices and operating systems used by Users.
13.2. Liability for the proper functioning of the Website as well as for the availability of any Service is excluded. In particular, the Company excludes any warranty that:
13.3. The Company reserves the right to deny Users access to the Website at any time, for justified reasons or reasons out of its reasonable control.
13.4. The Company cannot be held liable for any malfunctions or difficulties in using the Website or any Service caused by the operation of the IT devices used by Users, power outages, malfunctions of communication networks, and other technique problems related to the equipment/services offered by third parties directly to the Users and for which the Company is not responsible.
13.5. Except for intentional conduct or gross negligence, the Company's liability will be limited to the damages foreseeable at the time of concluding the contract, but not exceeding the amount of fees paid by the User for the relevant Services for the corresponding contract period.
13.6. The Company shall not be liable for any loss or damage incurred by Advertisers or Publishers, resulting from or in connection with the use/provision of the Services. The Company is not responsible and does not have the capacity and/or obligation to control or influence the Advertisers in respecting the legislation in force and/or the rights of third parties.
14.1. Intellectual property rights over the Blocknow Platform:
14.2. Intellectual property rights granted by the Advertiser to the Publisher:
14.3. Following the provisions of the Copyright and Related Rights Act, 2000, as amended, Advertisers guarantee that the content provided to us (text, information, data, graphics, images, audio, video, design, logos, compilations, and others) does not violate any copyright, trademark, trade secret or any other personal or proprietary right of any third party. The Company will consider in good faith that the advertising content is legal and usable for the purposes established with the Advertiser.
14.4. Depending on the circumstances in which the advertising services must be performed, their characteristics and nature, and the type of content provided by the Advertiser, the Company reserves the right to solicit the Advertiser's proof that it owns all the intellectual property rights necessary to use the content for promotion.
14.5. If there is reasonable suspicion or the Advertiser is found guilty of violating the Copyright Law, it will not be entitled to a refund of the amounts paid in advance. In addition, the Company reserves the right to:
15.1. This set of Terms and Conditions will be governed by and construed in accordance with the laws of Romania, and any disputes or litigations between the Company and Users in connection therewith shall be settled by the Romanian courts having jurisdiction over the Company's headquarters.
16.1. Users cannot assign the rights and obligations under this set of Terms and Conditions (or any part thereof) without the written consent of the Company. The Company may assign the rights and obligations under this set of Terms and Conditions.
16.2. If any term or provision of this set of Terms and Conditions or of any document included or referred to in this set of Terms and Conditions is considered by a competent court to be contrary to law, the respective term will be removed from this set of Terms and Conditions, and the rest of the provisions in this set of Terms and Conditions will not be affected. Also, to the extent permitted by law, the application of that provision to individuals/legal entities or circumstances other than those to whom it is invalid or inapplicable shall not be affected by its nullity. Each provision of this set of Terms and Conditions shall be valid and applicable to the extent permitted by law.
16.3. In the event of discrepancies between this set of Terms and Conditions and the specific terms and conditions, the specific terms and conditions will prevail.
16.4. This set of Terms and Conditions governs the relationship between the Company and the User. Unless expressly stated otherwise, it does not create any rights for third parties. No provision of this set of Terms and Conditions shall be construed as establishing between the User and the Company a partnership, a joint venture, a principal-agent, or employee-employer relationship. Neither party shall have any right, power, or authority, express or implied, to legally represent the other.
16.5. In addition to this set of Terms and Conditions, we also publish a Privacy Policy. Although not part of this set of Terms and Conditions, we encourage you to read it to understand how we may process your personal data, what your rights are, and how you can exercise them.
17.1. The company can be contacted regarding these Terms and Conditions at the e-mail address: contact@blocknow.com.
17.2. Unless the User communicates any changes, notifications will be sent to the contact details provided by the User, and such notifications will be deemed received by the User.