Steaker Terms of Use

To use the platform (the “Platform”) provided by Steaker Inc. Taiwan Branch ("Steaker"), to purchase certain digital assets, where applicable ("Digital Assets") and certain available services through our website (having its URL at https://steaker.com/, the "Site") (the "Services"), you are agreeing that you will be bound by the following terms and conditions ("Terms of Use") when you access the Site and use the Services. Please review the Agreement carefully and do not register the Account, access the Site, or use the Services if you decide not to agree with the Agreement.

Please note that before using this service, you must carefully read the Steaker Privacy Policy (the "Privacy Policy") and the Steaker Cookie Policy (the "Cookie Policy") If you have any concerns about the Privacy Policy or Cookie Policy, or if you do not accept all applicable terms, please refrain from using Steaker service and confirm with Steaker first. Your agreement with us contains these Terms of Use, the Privacy Policy and the Cookie Policy (together, the “Agreement”) and these Terms of Use, the Privacy Policy and the Cookie Policy constitute an integral part of this Agreement. The Agreement may be changed, amended, or updated by Steaker at any time. Additional terms will be available with the Services, and those additional terms will become part of your Agreement with us if you decide to use the Services. After the effective date of any changes, amendments, or updates, if you do not agree to such subsequent changes, amendments, or updates, you may still access to your records and your balance, but you will no longer be able to use any other Services or this Site.

1.ACCEPTANCE OF AGREEMENT

By accessing or using the Services and this Site by any means (including but not limited to, via devices or services provided by any other third parties), you acknowledge and agree to be bound by the terms and conditions of the Agreement, which may be modified in accordance with Article 12.2 of these Terms of Use.

2.ELIGIBILITY

Under the laws applicable to you to access and use the Services and this Site, it is assumed that you agree to the Agreement and represent and warrant that you:

(1) are at least 20 years of age, or at least the minimum age required by applicable law such that the Services may be lawfully provided to you without parental consent;
(2)agree to the Agreement (and are legally capable of doing so);
(3)do not reside in and are not a citizen of a country with which United States persons are prohibited from doing business (e.g. countries subject to sanctions as identified by The Office of Foreign Assets Control of the U.S. Department of the Treasury), and you are not a person or legal entity identified in the Specially Designated Nationals And Blocked Persons List ("SDN List");
(4) do not reside in and are not a citizen of the United States or other countries where accessing and/or using the Services is prohibited; are not prohibited by relevant applicable laws and regulations from accessing and/or using the Services;
(5)have not previously been suspended or removed from the Site;
(6)have all necessary authorizations and consents to carry out all transactions initiated from your Account;
(7)have provided true, accurate, and complete information in creating your Account(s); and
(8)have reviewed the risk disclosure statement contained in the Agreement, and consent to the bearing of all risks described therein.

If you are not qualified as above, please do not access or use the Services and this Site, otherwise you and your parents or legal guardian shall be responsible for all legal and financial responsibility and liabilities resulting therefrom, and Steaker shall have the right to claim against you and your parents or legal guardian for damages caused to Steaker as a result of such access or use. In addition, Steaker shall have the right to suspend, cancel, or terminate your user account and may block transactions or freeze funds under your Account.

3.PRIVACY POLICY AND COOKIE POLICY

Please review our Privacy Policy to learn more about how we collect, process, and use your information. Please also review our Cookie Policy to learn more about how we store, use and access cookies, web beacons, pixels, clear gifs, and other similar technologies.

4. ACCOUNT REGISTRATION AND SECURITY

(1)In order to use certain functions or features of the Services and this Site, you are required to register the Account with Steaker at first, and the Account will make you a registered user for accessing the Services and this Site after you complete additional activation procedures. Please note that your registration with Steaker will be governed by the Agreement between Steaker and you.
(2)During the registration process with Steaker and the subsequent activation of your Account at Steaker, you will be required to provide certain personal information, including, but not limited to: your name, telephone number, address, e-mail address, date of birth, passport number/government identification number and establish your Account and a password. Steaker utilizes certain KYC verifications procedures during your activation and subsequent access to or use of the Services and this Site. Your access to the Services, and limits including, without limitation to, daily or weekly limits on deposit, withdrawal and trading limits may be based on the identifying information and/or proof of identity you provide to Steaker and is subject to Steaker’s sole discretion. For the purpose of the Agreement, “Affiliates” means, with respect to any entity, any other entity that directly or indirectly controls or is controlled by, or under direct or indirect common control with, such entity, and for the purpose of this definition the term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
(3) By activating your Account or accessing the Services and this Site, you are deemed to agree to:
  1. a.

    provide accurate, current and complete information about you and promptly update such information thereafter to keep it accurate, current and complete;

  2. b.

    maintain the security of your identification;

  3. c.

    accept all risks arising out of inaccurate, outdated or incomplete information.

(4) You hereby authorize Steaker to, directly or through third parties, including but not limited to its Affiliates, telecommunication companies or banks (if applicable) make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query and verify your account information and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
(5)Steaker reserves the right, at its sole discretion,
  1. （a） to refuse your registration or activation with the Services and this Site;
  2. （b）to limit the number of Account that a single user may establish or maintain;
  3. （c）to suspend, restrict, or terminate your access to any or all of the Services and/or this Site when Steaker suspects that you violate the Agreement or you engage in any inappropriate conduct or behavior; and
  4. （d）deactivate or cancel your Account and remove all content available on or through this Site (collectively, the “Content”), including but not limited to those posted, uploaded, shared, submitted or made by you, other users of Services and this Site or Steaker ) submitted under the Account without prior notice and at our sole discretion if (i) any information provided during the registration process or later is inaccurate, not current or incomplete; (ii) activities or actions under your Account is alleged to be infringing the Agreement or other agreements between you and Steaker or falling under Prohibited Use set forth herein; (iii) a dispute has arisen between you and Steaker that remains pending in a legal or judicial proceeding; or (iv) activities or actions under your Account is alleged to be infringing our Anti-Fraud, Anti-Money Laundering and Counter Terrorist Policies or applicable law.
(6)You should be responsible for your Account security, including, but not limited to maintaining adequate security and control of any and all IDs, passwords, API keys or any other codes that you use to access to or associate with the Services and this Site. When creating your user ID and password, please do not use easily identifiable or predictable information such as your birthday, telephone number or a recognizable part of your name. You must not share your Account or password with any other third party, knowingly or accidentally share, provide or make your Account or password available to any other third party, or otherwise enable any other third party to access or decipher your Account or password. In addition, you shall take necessary and reasonable measures to and due care in keeping your Account and password confidential and preventing your Account and password from being used by any other third party. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any Digital Asset and/or funds held in your Account and any associated accounts (if any). Since you are the owner of your Account and password, and you are responsible for taking necessary and reasonable measures to keep your Account and password confidential, you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions, except to the extent that you are able to prove that a third party is able to tamper with your Account by unauthorized access of our IT systems due to system deficiencies of Steaker. If you believe your Account and password may have been disclosed to any third party, or is lost or stolen or unauthorized transactions may have been conducted, you are responsible for notifying Steaker immediately.

5.ANTI-FRAUD, ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST

Steaker and its Affiliates implement certain Anti-fraud, Anti-Money Laundering and Counter-Terrorist policies and procedures (“Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies”). Therefore, Steaker and its Affiliates insist on a comprehensive and thorough customer due diligence process, implementation, ongoing analysis, and reporting. This includes monitoring of suspicious transactions and compulsory or voluntary reporting to regulators. It is necessary for Steaker to keep certain information and documentation in file in accordance to applicable laws and policies and to fulfill contractual obligations to third parties; Steaker hereby expressly reserves the right to keep such information and documentation and to disclose such information and documents to government authorities. Also, for the purpose of the Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies, Steaker reserves the right to determine, in its sole discretion, the appropriate verification level and criteria and the right to downgrade Users without prior notice, and may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor, whether or not due to change in laws and regulations.

6.RISK STATEMENT

You agree that you fully understand the risks involved in trading of Digital Assets, and you take solely personal responsibility for checking the legal status and requirements of related authorities. The risks include, but are not limited to, the followings:

(1)Digital Assets are not Fiat Currency. You have the sole responsibility to understand the nature and risks of the Digital Assets before you decide to hold, purchase, or sell Digital Assets. Also, the relevant legal obligations of Digital Assets may change due to the legal status.
(2)There is no guarantee that any person will accept any Digital Asset as payment for goods or services and that the use or transaction of Digital Assets may be expressly prohibited by legislation in a particular jurisdiction. You acknowledge and agree that Steaker is not responsible for determining whether or which laws, rules, or regulations apply or may apply to your transactions (including, without limitation, any anti-money laundering laws, securities laws and tax laws). You acknowledge and agree that you are solely responsible for compliance with all such laws rules, or regulations as may be applicable to your transactions.
(3)The value of Digital Assets can fluctuate dramatically, so you shall be aware of this before you decide to hold, purchase or sell Digital Assets.
(4)All information technology systems, personal computers, mobile phones, internet websites and/or any other devices can potentially be subject to cybersecurity or unwarranted intrusion or breach by malicious hackers, virus, trojan horse, code or other means (collectively, "Cyberattack"). In the event of any Cyberattack on the Platform, your Account and Digital Assets may be adversely affected. While this Site endeavors to control the risk in a reasonable manner, there is no guarantee that the risk can be completely alleviated, and neither Steaker nor any of its affiliates makes any guarantee that it may foresee, present, mitigate, or take corrective action in the event of such Cyberattack. Furthermore, this Site cannot control for the security of computers, mobile phones, terminals or any other devices used by you to access our website, and you are solely responsible for making sure that they are secure at all times.
(5)The risks associated with using the Platform, the Services and this Site may include, without limitation, malfunction or delay of transmission arising from any failure in any computer facility, hardware, software, and Internet connection, which may lead to delays or failures of this Site. You further acknowledge that it is in the nature of telecommunication and Internet services that instructions given by you may not be properly received by Steaker. Further, instructions by telecommunication and Internet services may be read or be made known to unauthorized persons. You hereby agree that the risk of misunderstanding and errors shall be borne by you, and, to the extent permitted by law, neither Steaker nor any of its affiliates shall be liable for any loss/liability damages arising from such misunderstanding or errors in transmission.

Whether you are suitable to engage in the purchase or sale of Digital Assets will depend on your personal financial situation and tolerance for risk. By using the Services and this Site, you agree that you demonstrate full awareness of the related risks and considerations and waive any and all claims against Steaker and its Affiliates for all losses or damages that may arise from your purchase or sale of Digital Assets.

7.OWNERSHIP; GRANT; RESTRICTIONS ON GRANT

(1)You acknowledge and agree that Steaker hereby grants you a limited, non-transferable and non-exclusive rights, subject to the Agreement, to access and use the Services, the Content, and this Site solely for your personal and non-commercial purposes and that Steaker retains ownership of all right, title and interest to the Services, the Content, and this Site, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights, trademarks, and trade secret rights) subject to the license granted in this Article 7. You acknowledge and agree that, Steaker may, on the basis of factors such as operating cost, marketplace, and the security of transaction, or at the request of the government authorities, set and adjust the minimum and maximum amount for use of any or all Services, and charge transaction fees as a result thereof.
(2)This Site and the Content may not always be entirely accurate, complete or up-to-date and may also contain technical inaccuracies or typographical errors. You should verify all information before relying on them, and all decisions based on information contained on this Site are your sole responsibility and we shall not be liable for such decisions. You acknowledge and agree that Steaker is not responsible for any information, content, or services contained in any third-party materials or on any third-party websites.
(3)Unless otherwise specifically permitted under the Agreement, you may not:
  1. a.

    copy, imitate, develop or reproduce the Services, this Site, or the Content, including but not limited to: the model, design, interface, appearance and layout;

  2. b.

    create any derivative works of any Services, this Site, or the Content, including without limitation the model, design, interface, appearance and layout;

  3. c.

    reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any part of the Services and this Site;

  4. d.

    disseminate malicious software, programs, virus, worm or in any other manners that destroys or crashes the Services and this Site;

  5. e.

    distribute, transfer, sell, rent, lease, sublicense, or grant your Account to any other third party;

  6. f.

    copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part;

  7. g.

    remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in the Services and this Site;

  8. h.

    use, access or tamper with non-public areas of the Services and this Site, Steaker’s computer systems, or the technical delivery systems of Steaker’s providers;

  9. i.

    probe, scan, or test the vulnerability of any Steaker system or network or breach or circumvent any security or authentication measures;

  10. j.

    access or search the Services and this Site or download Content from Services and this Site by any means (automated or otherwise) other than through the currently available interfaces that are provided by Steaker (and only pursuant to those terms and conditions) or other generally available third party web browsers;

  11. k.

    forge any [TCP/IP] packet header or any part of the header information in any email or posting, or in any way use the Services and this Site to send altered, deceptive, or false source-identifying information;

  12. l.

    avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Steaker or any of Steaker’s providers or any other third party (including another user) to protect the Services and this Site or Content; or

  13. m.

    interfere with or disrupt (or attempt to do so) the operation of the Services and this Site, the access of any user, host or network by any means or interfere with or create an undue burden on the Services and this Site.。

(4)In connection with your use of the Services and this Site, and your interactions with other users, and third parties you agree and represent you will not engage in any action or activity as set forth in Article 7.3 and Article 8.1 herein (collectively “Prohibited Use”). Steaker reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request.
(5)To the extent permitted by law, Steaker reserves the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately at any time for any reason including but not limited to in the event that Steaker determines, in our sole discretion, that your user account is associated with any Prohibited Use or is on suspicion of violation of the Agreement or any Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies. To the extent permitted by law, termination of your Account or the Services may not come with prior notice. You may not create another account on our Platform without prior written consent given by Steaker.

8.MEMBER CONDUCT

(1)You agree not to use the Services and this Site to:
  1. a.

    upload, post, transmit, distribute or otherwise make available any Content that is illegal, offensive, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

  2. b.

    promote discrimination, racism, hatred, harassment or harm against any person or group;

  3. c.

    impersonate any other third party or falsely state or otherwise misrepresent your affiliation with any other third party;

  4. d.

    upload, post, transmit, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  5. e.

    upload, post, transmit, distribute or otherwise make available any Content that violates any patent, trademark, trade secret, copyright, or other proprietary rights of any other third party;

  6. f.

    upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, or any other form of solicitation;

  7. g.

    upload, post, transmit, disseminate or otherwise make available any material containing software viruses, malicious software, programs, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  8. h.

    disobey, violate or disregard, to the extent applicable to you, any code of conducts, requirements, procedures, policies, or regulations of the Services and this Site;

  9. i.

    intentionally or unintentionally violate or encourage any conduct that would violate any applicable local, state, national or international law;

  10. j.

    promote, encourage or engage in terrorism violence or financial contribution to terrorism;

  11. k.

    stalk or otherwise harass other users of the Services and this Site;

  12. l.

    collect or store personal data about other users of the Services and this Site without their prior express consent or permission; and

  13. m.

    encourage, enable, or assist any other third party to do any of the foregoing.

(2)You acknowledge, consent, and agree that Steaker may access, preserve or disclose your Steaker Account information and Content if required to do so by applicable laws or if Steaker believes in good faith that such access, preservation, or disclosure is reasonably necessary to:
  1. a.

    comply with legal process;

  2. b.

    enforce or administer the Agreement or other agreements between you and Steaker, including but not limited to an investigation into any potential violation of these Terms of Use, the Privacy Policy or the Cookie Policy or association with any Prohibited Use;

  3. c.

    comply with the request from law enforcement, tax authority or any other government bodies;

  4. d.

    respond to your requests for customer service;

  5. e.

    detect, prevent, or otherwise address fraud, security or technical issues;

  6. f.

    protect the rights, property or personal safety of Steaker, the users of Services and this Site, and the public.

9.LINKS TO OTHER WEBSITES

(1)This Site may contain links to websites controlled or offered by third parties (other than Steaker and its Affiliate). Such links are provided only as a convenience and Steaker does not imply any endorsement or recommend any products or services offered by or information contained in any of these third-party sites. Steaker hereby disclaims all liability for all information, materials, products or services posted, offered or accessible at any of the third-party sites linked to this Site. Steaker shall not be responsible for the content on or privacy practices of third party sites linked to from the websites. You acknowledge that you should bear sole responsibility for and assume all risks arising from your use of any such websites or resources. By using the Services and this Site, you expressly release Steaker from any and all liability arising from your use of any third-party website or online resources. Accordingly, you shall be aware when you leave the Services and this Site and to review the relevant terms of each website that you may visit.
(2)Since Steaker does not support any transactions generated from any smart contracts, you acknowledge that you shall bear sole responsibility for and assume all risks arising from your use of any smart contracts and you expressly release Steaker from any and all liability arising from your use of any smart contracts.

10.DISCLAIMER AND LIABILITY

(1)The Services, this Site, and the content provided under the agreement may contain certain issues that have not been identified. To the fullest extent permitted by law, the Services, this Site, and the content are provided on an “as is” basis without warranties or representations of any kind. You should use the Services, this Site, and the content with caution, to make the necessary verifications and use your own judgement. Information received via Steaker should not be relied upon for personal, legal, or financial decisions. To the fullest extent permitted by law, Steaker makes no warranty that Steaker will continue to offer or make available Services, this Site, and the content, including without limitation any particular function for any particular length of time and Steaker reserves the right to periodically add change, improve or update the Services, this Site, and the content without notice to you. To the fullest extent permitted by law, Steaker hereby disclaims all liability for any errors or omissions in the site content. You are solely responsible for, and assume all risks associated with, your access, link to and use of this Site and the site content. To the fullest extent permitted by law, Steaker assumes no responsibility for the timeliness, deletion, improper delivery, or failure to store any user communications or personalization setting.
(2)You acknowledge and agree that, to the fullest extent permitted by law, even if Steaker has been advised of the possibility of such damages or loss, Steaker, its officers, directors, employees, or agents or any other company or individual involved in creating, producing, or delivering the Services, this Site, or content (“Steaker and affiliated parties”) shall not be liable to you or any other person for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services (e.g. Losses arising from or relating to technical difficulties of the app, the platform, or the service).

11.INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold Steaker, its parent corporation, officers, directors, employees and agents harmless, from and against any and all claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising from: (a) your violation of laws, regulations, and the Agreement; (b) your use and misuse of the Services and the Platform; (c) dispute with any other user of Steaker or this Site; or (d) your violation of any third-party right, including but not limited to any intellectual property, confidential information or privacy right. This defense and indemnification obligations shall survive the termination or expiry of the Agreement or your use of the Services and this Site.

12.GENERAL PROVISIONS

(1)No class-action litigation rights, court of jurisdiction, and governing laws

To the extent permitted by law, you and Steaker may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any alleged class, representative,consolidated or multi-claimant proceeding. You and Steaker each waive any right to a jury trial. These Terms of Use are governed and construed in accordance with the laws of Republic of China. For any disputes related to these terms of service, the Taiwan Taipei District Court shall be the court of competent jurisdiction for the first instance.

(2)Modifications

Steaker reserves the right, at its sole discretion, to modify, discontinue or terminate the Services and this Site or to amend this Agreement, at any time and without prior notice. If a revision significantly reduces your rights, we will notify you (by, for instance, posting on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Agreement.

(3)Entire Agreement

The Agreement constitutes the entire understanding between you and Steaker and governs your use of Services and this Site and any prior or contemporary representations, whether oral or written are hereby superseded.

(4)Assignment

Unless otherwise stated herein, you may not assign any of your rights under the Agreement, and any such attempt will be void. Steaker may assign or transfer its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services at its sole discretion, without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

(5)Waiver and Severability

Steaker's failure to enforce a provision is not a waiver of its right to do so later. In case any one or more of the provisions contained in the Agreement is for any reason held to be invalid or unenforceable in any respect, the remaining provisions of the Agreement and the remaining portion of any provision held invalid or unenforceable in part shall continue in full force and effect.

(6)Change of Control

In the event that Steaker is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control

(7)Survival

All representations, warranties, covenants and agreements of the Agreement which by their nature extend beyond the expiry or termination of the Agreement, including, without limitation, articles relating to suspension or termination shall survive the termination or expiry of the Agreement

(8)Force Majeure

Steaker shall have no obligation to perform the Services if its failure to do so is caused by or results from any act of God, governmental action, terrorists, civil disturbance, war, strike or other labor dispute, natural disaster or Internet services or network service providers, failure of equipment and/or software, rapid price fluctuation of any given supported Digital Assets, or any other cause or circumstance, whether similar or dissimilar to the aforementioned causes or circumstances, beyond the reasonable control of Steaker.

13.CONTACTING Steaker

If you have any questions about the Agreement (including these Terms of Use), please contact Steaker through: hello@steaker.com

Effective2021/12/15