1. Definitions
In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
“Account” means a user’s account on the Site and other records, all as utilised by us from time-to-time to record a user’s balances of Digital Tokens, assist user’s in accessing the Protocol, and other usage of the Services.
“Affiliate” means, in relation to DBOE, a direct or indirect subsidiary of DBOE, a direct or indirect parent of DBOE, and any other entities owned by a direct or indirect parent of DBOE.
“AML” means anti-money laundering, including all applicable Laws prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, fiat currency, or Digital Tokens.
“Anti-Corruption” means all applicable Laws prohibiting corruption or bribery of government officials of any kind, including kickbacks, inducements, and any other forms of corruption or bribery.
“CFT” means countering the financing of terrorism.
“Digital Tokens” means a digital representation of value that functions as (i) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction.
“Digital Tokens Wallet” means a third party software application (or other mechanism) that provides a means for holding, storing, and transferring Digital Tokens. We do not provide users with Digital Tokens Wallets and users must obtain a Digital Tokens Wallet from a third party provider when accessing the Protocol through the Site.
“Government” means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise;
“Government Official” means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organisation, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation;
“Laws” means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you, to us, or to the Site.
“Person” includes an individual, association, partnership, corporation, company, other body corporate, trust, estate, and any form of organisation, group, or entity (whether or not having separate legal personality).
“Prohibited Jurisdiction” means any of: Venezuela, Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria, or Crimea (a region of Ukraine annexed by the Russian Federation), China (including the Chinese mainland, Hong Kong, and the Macao Special Administrative Region), Malaysia, Singapore, the United Kingdom, Canada and the United States (including all American territories, such as Puerto Rico, American Samoa, Guam, Norther Mariana Islands, and Virgin Islands), Bangladesh, Bolivia, Ecuador, and Kyrgyzstan.
“Prohibited Person” means the Government of Venezuela; any citizen or resident of, entity organized within, or Government or Government Official of, any Prohibited Jurisdiction; and any Sanctioned Person.
“Sanctions List” means the “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN Lists, including the “Sectoral Sanctions Identifications List,” published by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”); the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”); and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published under Economic Sanctions, AML, or CFT Laws of or by Governments of the United States, European Union, United Kingdom, or the United Nations.
“Sanctioned Person” refers to any Person that is: (i) specifically listed in any Sanctions List; (ii) directly or indirectly owned 50 percent or more by any Person or group of Persons in the aggregate listed in any Sanctions List, (iii) Government or Government Official of any Prohibited Jurisdiction; or (iv) that is otherwise sanctioned, restricted, or penalized under applicable economic sanctions, AML, or CFT Laws.
“Services” means any and all services provided on or through the Site, including, but not limited to, assistance in accessing and using the Protocol.
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