THE TERMS INCLUDE AN ARBITRATION PROVISION. PLEASE READ THESE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS AND REQUIRE THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, INCLUDING ON A RETROACTIVE BASIS, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED “BINDING ARBITRATION AND CLASS WAIVER.” OTHERWISE, BY USING THE SERVICES, OR BY CLICKING “I ACCEPT” OR OTHERWISE INDICATING YOUR ACCEPTANCE, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND THESE TERMS.
YOU MUST BE A LEGAL RESIDENT OF THE U.S. TO USE THE SERVICES. NO ONE UNDER THE AGE OF 18 MAY USE THE SERVICES.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. WE ARE WILLING TO MAKE THE SERVICES AVAILABLE TO YOU ONLY IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICES OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT,” OR BY PURCHASING OR RECEIVING A BLOKPAX NFT (AS DEFINED BELOW), OR OTHERWISE INDICATING YOUR ACCEPTANCE, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. THESE TERMS REPRESENT THE COMPLETE AGREEMENT BETWEEN YOU AND BLOKPAX CONCERNING THE SERVICES, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF. IF YOU DO NOT HAVE SUCH AUTHORITY, THEN WE ARE UNWILLING TO MAKE THESE SERVICES AVAILABLE TO YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
You may not use these Services if you do not agree to these Terms, if you are not of legal age to enter into these Terms in your jurisdiction of residence, or if you are prohibited from using the Services or any of our contents, products, or services by applicable law.
No one at Blokpax is authorized to modify these Terms with you or otherwise enter into an agreement with you that conflicts with these Terms except by means of a written agreement signed by an authorized agent of Blokpax, and any purported modifications, alterations, or conflicting terms will be null and void.
PLEASE READ THESE TERMS CAREFULLY, SINCE THEY INCLUDE IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, ALONG WITH CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE RELEVANT TO YOU.
USE OF THE SERVICES
To make use of the Services, you must create an account. When you create an account, you must provide accurate and complete current information, and you must promptly update the information as necessary when it changes.
You are responsible for the security of your account. You agree not to permit any third party to access the Services through your account, and you bear all responsibility for any such access or use. If you become aware of any suspicious or unauthorized use of your account with us, you agree to notify us immediately at firstname.lastname@example.org.
The Services, and all information contained therein, are provided on an “as is” basis.
The Services may become unavailable due to maintenance or malfunction of equipment or other reasons, and there may be delays, omissions, or inaccuracies in information contained in the Services.
The form and nature of the Services may change from time to time without prior notice to you. You acknowledge and agree that we may add new features and/or change any part of the Services at any time without notice.
The information contained in the Services does not constitute the rendering of any legal, accounting, tax, or other such professional advice.
No part of the Services may be reproduced or transmitted in any form, by any means, except that Blokpax authorizes you to view, copy, download, and print documents available through the Services, provided that you use the documents solely for noncommercial, informational purposes, that you do not modify the documents, and that you do not remove copyright, trademark, and other proprietary notices.
Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any documents displayed on the Services, through the use of framing or otherwise, except as expressly permitted by these Terms or with the prior written permission of Blokpax.
The Services may from time to time include contests in the nature of sweepstakes promotions (“Sweepstakes”) or other contests. Each such Sweepstakes or contest will be governed by a set of official rules that will be published on this site and available for review. To view current Sweepstakes rules, click here and then select the “Official Rules” link for any Available Drop.
TRANSACTIONS ON THE BLOCKCHAIN
Transactions that take place via the Services are, for some uses, managed and confirmed via the blockchain networks (the “Blockchain Network”). You understand and agree that your Blockchain Network public address will be made publicly available whenever you participate in a transaction via the Services.
Payments or financial transactions that you engage in via the Services may be conducted through a Blockchain Network. We have no control over these transactions, and we cannot reverse them. Accordingly, we cannot and do not provide refunds for any purchases that you may make via the Services. You acknowledge and agree that we have no liability to you or any third party for any claims or damages that may arise in connection with any payments or transactions you engage in via the Services.
Every transaction conducted through the Blockchain Network requires the payment of a transaction fee that helps to fund the computers that run the Blockchain Network (the “Gas Fee”). Except as otherwise expressly stated in these Terms, you will be solely responsible for paying any Gas Fee for any transaction you instigate via the Services, unless Blokpax chooses, in its sole discretion, to pay the Gas Fee on your behalf.
Royalty. Transfers of a Blokpax-generated non-fungible token (“Blokpax NFT”), whether via the Services or on another marketplace, may request an automatic transfer to Blokpax of a royalty, calculated as a percentage of the consideration paid for the Blokpax NFT in the transfer, such percentage to be established and modified from time to time by Blokpax. The percentage, if applicable is included in the Blokpax NFT metadata and may be voluntarily enforced by third-party platforms.
You are solely responsible to pay any and all taxes, other than taxes on our net income, now or hereafter claimed or imposed by any governmental authority in connection with your use of the Services (“Taxes”). These Taxes include, but are not limited to, all sales, value-added, and other taxes, duties, and assessments associated with your use of the Services. You will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction (other than income taxes levied on us for our net income), including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed, or payments made hereunder; and you agree that you will not be entitled to deduct the amount of any such taxes, duties, or assessments from payments (including Gas Fees) made to us in connection with the Services.
Blokpax reserves the right to refuse service under these terms when so required by any of its third-party service providers, to the fullest extent allowed by applicable law.
You are solely responsible for all Blokpax NFTs and any other products that you obtain from Blokpax. Blokpax shall have no liability to you or anyone else for the use, handling, transfer, loss, record-keeping, account or wallet access information, storage (except as specifically provided below) or other disposition of your NFTs or other products that you obtain from Blokpax.
Assumption of Risk for NFTS
You accept and acknowledge:
The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility and value of NFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
You are solely responsible for determining what, if any, taxes apply to your transactions. Blokpax is not responsible for determining the taxes that apply to your NFTs.
There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Blokpax has no ability to reverse any transactions on the blockchain.
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Blokpax will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
Blokpax reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Blokpax. Under no circumstances shall the inability to view items on Blokpax or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Blokpax.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
OWNERSHIP AND USE RESTRICTIONS
We will only recognize your ownership of any Blokpax NFTs or other products if you have purchased or otherwise rightfully acquired such items from a legitimate source and not via any illegal, wrongful, or fraudulent means.
When you purchase a Blokpax NFT through the Services, Blokpax grants you a worldwide, non-exclusive license to use and display the Blokpax NFT, solely for the following purposes: (a) for your own personal, non-commercial use; and (b) as part of the Services or other marketplace approved by Blokpax in its sole discretion that permits the purchase and sale of your Blokpax NFT.
You acknowledge and agree that Blokpax (and, as applicable, our licensors) owns all right, title, and interest in and to all elements of the Services and all intellectual property rights therein (including, without limitation, all designs, systems, methods, information, computer code, software, services, “look and feel,” organization, compilation of the content, code, data, and all other elements of the Services (collectively, the “Blokpax Services Materials”)). Your rights only extend to any Blokpax NFTs or other products that you purchase or acquire, and to any specific physical assets (e.g., trading cards) whose ownership is conferred by the redemption of a Blokpax NFT. You acknowledge that the Blokpax Services Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Blokpax Service Materials are the copyrighted property of Blokpax or its licensors, and all trademarks, service marks, and trade names associated with the Services otherwise contained in the Blokpax Service Materials are proprietary to Blokpax or its licensors, or are third-party intellectual property being used under the fair use doctrine. Except as expressly set forth herein, your use of the Services does not grant you ownership of any other rights with respect to any content, code, data, or other Blokpax Services Materials that you may access via the Services. We reserve all rights in and to the Blokpax Services Materials that are not expressly granted to you in these Terms. You understand and agree that (a) your purchase or acquisition of any Blokpax NFT or other product via the Services does not give you any rights or licenses in or to the Blokpax Services Materials other than those expressly contained in these Terms; (b) you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Blokpax Services Materials without our prior written consent in each case, which consent Blokpax may withhold in its sole and absolute discretion; (c) you will not apply for, register, or otherwise use or attempt to use any Blokpax trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each use, which consent Blokpax may withhold in its sole and absolute discretion. While you own the particular Blokpax NFTs and other products that you purchase or acquire, the copyright associated with each Blokpax NFT or other product remains with Blokpax or its licensors, and you may not copy the Blokpax NFT or other product, except as set forth in these Terms.
You acknowledge and agree that you may not do any of the following without Blokpax’s express written consent, nor may you permit any third party to do any of the following without Blokpax’s express written consent: (a) modify a Blokpax NFT in any way; (b) use a Blokpax NFT to advertise, market, or sell any third party product or service; (c) use a Blokpax NFT in connection with any images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use a Blokpax NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted by these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including giving away in the hopes of future commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of a Blokpax NFT, except as expressly permitted by these Terms or a set of Sweepstakes rules; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Blokpax NFT, or (g) otherwise utilize the Blokpax NFT for your or any third party’s commercial benefit. The restrictions in this section will survive the termination of these Terms.
You acknowledge and agree that, to the extent your Blokpax NFT contains any third-party intellectual property, you will not have the right to use such intellectual property in any way except as incorporated in the Blokpax NFT, and subject to the restrictions contained in these Terms. You further acknowledge and agree that we may need to pass through additional restrictions on your ability to use the Blokpax NFT, and that to the extent we inform you of additional restrictions in writing (including by modification of these Terms), you will be responsible for complying with all such additional restrictions from the date you are deemed to receive the notice.
If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of a Blokpax NFT for any reason, all rights you have in a Blokpax NFT will immediately expire without the requirement of notice, and you will have no further rights to sell, trade, access, or otherwise interact with the associated Blokpax NFT.
Blokpax requires users to respect the intellectual property rights of others. If you are the owner of a copyright and you believe your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act (“DMCA”). Your notice should contain the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A clear description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located in the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Theodore J. Chiacchio
Registered Patent Attorney
Chiacchio IP, LLC
307 North Michigan Avenue, Suite 2011
Chicago, IL 60601
CUSTODY AND SAFEKEEPING
Blokpax agrees to provide, at no cost, custody and safekeeping that it, in its sole discretion, believes to be reasonable, for the assets redeemable by a Blokpax NFT for a period of thirty-six (36) months after the date on which that redeemable Blokpax NFT was first awarded. After the initial thirty-six-month period expires, if the redeemable Blokpax NFT has not been redeemed, Blokpax will charge a custody fee based on a percentage on the insured value of the physical asset. The current annual custody fee is 0.5% $USD of the insured value of the item. Blokpax may change the custody fee at any time, in its sole discretion, and will notify users of the change by updating these Terms and posting the announcement of the new custody fee in these Terms. Blokpax will set the insured value of the underlying physical asset based on its sole determination with no guarantee either explicit or implicit that the Blokpax insured value is a reasonable representation of the price that the item would receive in an arm’s-length market transaction. Blokpax will publish on its website a list of unredeemed Blokpax NFTs that are redeemable for physical assets and the custody fees due. THIRD PARTY WALLETS ARE INHERENTLY ANONYMOUS. Blokpax HAS NO WAY OF CONTACTING THE OWNER OF A BLOKPAX NFT STORED IN A THIRD-PARTY DIGITAL WALLET OR ALTERNATIVE STORAGE MEDIUM. IT IS THE REDEEMABLE BLOKPAX NFT’S OWNER’S SOLE RESPONSIBILITY TO BE AWARE OF AND PAY THE REQUIRED CUSTODY FEES. If custody fees for a physical asset that is associated with a Blokpax NFT redeemable for the physical asset remain unpaid for ninety (90) or more continuous days after the date on which the custody fees began accruing, Blokpax, in its sole discretion, may choose to sell the underlying physical asset and transfer the proceeds (converted to a digital currency chosen by Blokpax), less transaction fee and unpaid custody fees, to the wallet address containing the Blokpax NFT. If the physical asset is sold in this manner, the metadata on the redeemable Blokpax NFT will be updated to show that the underlying physical asset has been redeemed. Blokpax makes no representation or warranty that it will obtain a price for the asset that reflects the market value of the item.
All Blokpax NFTs include coding for a royalty to Blokpax of set percentage of the sales proceeds of the Blokpax NFT when they are sold on third party sites. If Blokpax receives royalty payments for a specific Blokpax NFT because of transfers of that Blokpax NFT, Blokpax will waive custody fees for the physical asset associated with that Blokpax NFT for a period of twelve (12) months from the date of the transaction for which Blokpax received royalty fees. For any custody related question, users may contact us at email@example.com.
CONDITIONS OF USE
YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE USING THE SERVICES, AND THAT YOU ARE RESPONSIBLE FOR ANY CONSEQUENCES THEREOF. YOU AGREE THAT YOU WILL ONLY USE THE SERVICES FOR PURPOSES THAT ARE LEGAL, PROPER, AND IN ACCORDANCE WITH THESE TERMS AND APPLICABLE LAWS OR REGULATIONS.
You warrant and agree that your use of the Services will not in any manner involve: (a) the creation of accounts by automated means or under false or fraudulent pretenses; (b) the impersonation of another person; (c) the use of automated software that simulates human behavior, such as bots; (d) the use of unauthorized software, scripts, or the like (including but not limited to bots, spiders, mods, and scrapers), to modify, automate, or change the purchasing process in any way, or to collect data; (e) the acquisition of Blokpax NFTs or other assets via inappropriate or illegal means, including but not limited to acquisitions made via payment mechanisms that you do not have the right to use; (f) the purchase or sale of any user’s account to other users or third parties outside of the Services; (g) the wrongful receipt or seizure of any Blokpax NFTs or other assets; (h) the access, modification, or use of any nonpublic areas of the Services or our computer systems; (i) an attempt to probe, scan, or test the vulnerabilities of the Services or any related system, or an attempt to breach any security or authentication measures used in connection with the Services; (j) an attempt to modify, adapt, or reverse engineer any portion of the Services; (k) the creation of a product or service that competes with the Services; (l) interference or attempted interference with the access or enjoyment of any user, host, or network, including but not limited to attempts to overload, flood, or spam the Services; (m) the distribution or attempted distribution of any viruses, worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature; (n) the sending, uploading, distribution, or dissemination of any unlawful, defamatory, harassing, abusive, fraudulent, obscene, offensive, or otherwise objectionable material; (o) abuse, harassment, or threats against any users of the Services or any of our representatives; (p) the use of any abusive, defamatory, harassing, obscene, offensive, hateful, vulgar, or otherwise objectionable language when communicating with any users of the Services or any of our representatives; (q) the infringement of any intellectual property rights; (r) the violation of the legal rights of others; (s) illegal activity, or the promotion or encouragement of illegal activity; (t) an attempt to harm or threaten to harm other users in any way. You further warrant and agree that you will not allow any third party to use the Services in any such way through your account.
You agree that Blokpax may immediately suspend or terminate your access to the Services at any time (except for your right to redeem any redeemable Blokpax NFT that you then hold that is then redeemable for a specified physical asset), in our sole and absolute discretion, for any conduct or activity that we believe, in our sole and absolute discretion, is illegal, that violates these Terms, harms the Site or the Services (including but not limited to hacking, spamming, dissemination of viruses, Trojan Horses or other “bugs” or that otherwise negatively affects others’ enjoyment of the Services. You acknowledge that Blokpax is not required to provide you with notice before suspending or terminating your access to the Services, though we may choose to do so, and that Blokpax will not be liable to you for any such suspension or termination.
In addition, if Blokpax believes any Blokpax NFTs or other assets were wrongfully, fraudulently, or illegally obtained or acquired, we reserve the right to, in our sole and absolute discretion and without any notice or liability to you, void any such transactions and/or confiscate any such Blokpax NFTs or other assets that were wrongfully, fraudulently, or illegally obtained or acquired.
You agree that Blokpax has the right, without providing prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTIONAL AGENCIES, LICENSORS, LICENSEES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS EITHER BY US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
You represent, warrant, covenant, and agree that (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods and/or services of the same type as the Services, including, without limitation, Cuba, Iran, North Korea, or Syria; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List, (ii) that appears on the U.S. Department of State’s terrorist Exclusion List, (iii) that is subject to sanctions in any other country, or (iv) that is engaged in the design, development, or production of nuclear, biological, or chemical weapons, missiles, or unmanned aerial vehicles. You are not allowed to use the Services if we identify your IP address or address of residence or use of the Services as originating from any such country.
You represent, warrant, covenant, and agree (a) that you will not use, trade, sell, or otherwise dispose of any asset from the Services in any manner that is contrary to or in violation of any applicable law; (b) that you have the full right and authority to use the Services and to be bound by these Terms; and (c) that you will at all times comply with applicable laws.
You acknowledge and agree that, if you access the Services via browser, Blokpax may cease to support a given browser, and that your continued use of the Services may require you to download and use a supported browser. You also acknowledge and agree that the performance of the Services is dependent on the performance of your electronics equipment and your Internet connection and/or telecommunications services.
You acknowledge and agree that the Services may include hyperlinks to other websites or resources (the “External Sites”), which are provided solely as a convenience to our users. We have no control over the External Sites. You acknowledge and agree that Blokpax is not responsible for the availability of any External Sites, and that we do not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that Blokpax is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance you place on the completeness, accuracy, or existence of any advertising, products, or other materials on or made available from any External Sites.
You may terminate these Terms at any time by canceling your account for the Services and discontinuing your access to the Services. If you cancel your account or otherwise terminate these Terms, you will not receive any refunds for any purchases made via the Services.
We may, in our sole and absolute discretion and for any or no reason, terminate these Terms and suspend and/or terminate your account for the Services without prior notice. You agree that we will not be liable to you or any third party for any suspension or termination of your account or termination of these Terms. If we terminate these Terms or suspend or terminate your access to the Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, the termination of these Terms will be in addition to any other remedies we may have at law or in equity.
Upon termination of these Terms, whether by you or us, you may no longer have access to information related to your account, and you acknowledge that we have no obligation to preserve any such information and no obligation to provide any such information to you or any other party.
Section 1 and Sections 3-13 will survive termination or expiration of these Terms for any reason.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES, IN
WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER
MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE
"AS IS" AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C)
THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
(D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY
INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR
USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT
TRANSMISSIONS OR DATA WILL BE SECURE.
Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
LIMITATIONS OF LIABILITY
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF DOUBLEDOWN, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF DOUBLEDOWN AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID DOUBLEDOWN IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK, AND THAT THE SERVICES MAY BE TERMINATED AT ANY TIME BY BLOKPAX OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION.
YOU ACKNOWLEDGE AND ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
YOU ACKNOWLEDGE AND AGREE THAT BLOKPAX NFTS STORED IN DIGITAL WALLETS ARE BEYOND THE CONTROL OF BLOKPAX. IF YOU LOSE YOUR PRIVATE KEYS TO THE WALLET THAT CONTAINS YOUR BLOKPAX NFT WE CANNOT RETRIEVE YOUR BLOKPAX NFT NOR CAN WE RETRIEVE ANY SALES PROCEEDS WE DEPOSIT INTO THE WALLET ADDRESS. YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR DIGITAL WALLET AND THE CONTENTS WITHIN IT.
YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTIONAL AGENCIES, LICENSORS, LICENSEES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
CALIFORNIA NOTICE : By using the Services and agreeing to these Terms, you expressly waive all rights under Section 1542 of the Civil Code of California (and any similar laws), which reads as follows: “1542. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ASSUMPTION OF RISK
Like the prices of other collectibles, the prices of collectible Blokpax NFTs can be extremely volatile and are subjective, and Blokpax NFTs have no inherent or intrinsic value. Fluctuations in the prices of other digital assets may adversely affect the value of your Blokpax NFTs.
You are solely responsible for determining what taxes, if any, apply to your transactions via the Services.
There are risks associated with the use of blockchain technology and digital currency, all of which may have adverse effects on the value of your Blokpax NFTs. These risks include but are not limited to software upgrades or changes; regulatory or policy changes; and errors, failures, disruptions, or delays in communications systems, networks, software, or hardware.
You agree to defend, indemnify and hold harmless (including reasonable attorney’s fees and costs of suit) Blokpax and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, and partners and each of their respective parent companies from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (a) your breach of these Terms, (b) your use or misuse of the Services, or (c) your violation of applicable laws, rules, or regulations in connection with your access to or use of the Services.
We will not be liable or responsible to you, nor will we be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when such failure or delay is caused by or results from one or more of the following force majeure events: acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, hurricane, explosion; war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; government order, law, or action; embargoes or blockades; strikes, labor stoppages, or other industrial disturbance; telecommunications breakdown, shortage of adequate power or electricity, shortage of adequate Internet connectivity; other similar events beyond our control.
In the event Blokpax is subject to a force majeure event, we will use commercially reasonable efforts to promptly notify you of the event and its expected duration. We will resume performance as soon as reasonably practicable. In the event we are unable to resume performance, we may terminate these Terms.
DISPUTE RESOLUTION – BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS, REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH BLOKPAX, ANDLIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. WHILE YOU MUST AGREE TO THESE PROVISIONS AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BLOKPAX. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST BLOKPAX BY SOMEONE ELSE.
ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
YOU EXPRESSLY AGREE TO GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
Waiver of Class Relief. YOU EXPRESSLY AGREE THAT YOU AND BLOKPAX WILL NOT COMMENCE AGAINST THE OTHER ANY LAWSUIT, ARBITRATION, OR OTHER DISPUTE RESOLUTION MECHANISM AS A MEMBER OF A CLASS OF CLAIMANTS, INCLUDING, WITHOUT LIMITATION, AS A MEMBER OF A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE LAWSUIT. By accepting this agreement, you give up your right to participate in any past, pending, or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to these Terms.
OPTION TO OPT OUT. YOU MAY OPT OUT OF THESE
ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS
BELOW. IF YOU DO NOT OPT OUT, THESE TERMS WILL APPLY RETROACTIVELY TO
ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR
PROCEDURE TO OPT OUT OF ARBITRATION. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL TO [firstname.lastname@example.org] CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE BODY OR SUBJECT LINE OF THE EMAIL.
Location of Arbitration and Applicable Rules. All disputes arising out of or in connection with these Terms, or in respect of any defined legal relationship associated therewith, shall be resolved exclusively by arbitration under the Federal Arbitration Act and using the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) using a single AAA arbitrator selected in accordance with those Commercial Arbitration Rules, with arbitration to occur in Columbia, South Carolina; and the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and Blokpax will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees. Each party will cover its own fees and costs associated with the arbitration proceedings.
Authority of Arbitrator. With the exception of the class procedures and remedies discussed above under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator’s award will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these terms are specifically enforceable by us through injunctive relief and other equitable remedies and without proof of monetary damages.
One Year Statute of Limitations.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952-5210.
If a particular provision of these Terms is held to be invalid, illegal, void, or unenforceable, the parties agree that the provision should be “blue-penciled” or otherwise read and enforced to the greatest extent consistent with the parties intent and, if not enforceable, said provision shall be deemed to be severed from these Terms and shall not affect the validity or enforceability of the remaining provisions of these Terms.
You may not assign or otherwise transfer these Terms or any of your rights or obligations under these Terms to any third party without Blokpax’s prior written consent, which consent is within Blokpax’s sole and unfettered discretion. Blokpax may assign our rights and obligations under these Terms to any third party in our sole and unfettered discretion, and without your consent.
Nothing in these Terms shall constitute a partnership or joint venture between you and Blokpax.
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
Blokpax’s failure to exercise or enforce any right or provision under these Terms shall not operate as a waiver of such right or provision. Any waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any choice-of-law or conflict-of-law provisions or rules (whether of the State of South Carolina or any other jurisdiction); provided, however, that any issues with respect to the interpretation, applicability, and enforcement of Section 12 above shall be governed by the Federal Arbitration Act (9 U.S. Code § 1, et seq.) in any instance in which that Act differs from the relevant law of South Carolina. Subject to the arbitration provisions of these Terms, any legal action or proceeding arising under these Terms will be brought exclusively in the courts of the State of South Carolina, and we and you irrevocably consent to personal jurisdiction and venue there.
Blokpax may provide you with any notices, including any regarding changes to these Terms, by email or by posting them in the Services. By providing Blokpax with your email address, you consent to our use of that address to send you any notices. Notices that we send by email will be effective when we send the email, and notices that we post will be effective when they are posted. It is your responsibility to keep your email address up to date.