Blockmatics

Blockmatics Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT DESCRIBED BELOW.

This “Site” (as defined below) is owned and operated by Blockmatics LLC. (“Blockmatics”). These terms of use (the “Terms of Use,​” “Terms​,” or “Agreement​”) set forth the legal terms and conditions governing your (“you​,” “your​,” or “users​”) use of our website located at www.blockmatics.io, any Blockmatics learning and communications tools, and any other online and mobile websites operated by Blockmatics that are related to www.blockmatics.io or that post a link to these Terms of Use (collectively, the “Site​”). Where a different policy is provided on a particular site such different policy shall govern and control. Your use of this Site confirms your unconditional agreement to be bound by these Terms of Use and is subject to your continued compliance with these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Site.

Before using the Site, please review the related Blockmatics Privacy Policy, located at (link to privacy policy website) (the “Privacy Policy​”), which is incorporated herein by this reference.

TRADEMARKS

Blockmatics.io is a service mark of Blockmatics LLC. or its affiliates. All rights reserved. These and other Blockmatics graphics, logos and service marks and trademarks of Blockmatics LLC. and its affiliates may not be used without prior written consent of Blockmatics LLC. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on Blockmatics.io are the property of their respective owners.

DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that use of Blockmatics.io is at User's sole risk. Neither Blockmatics.io nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, sponsors, licensors (collectively, Providers), or the like, warrant that Blockmatics.io will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of Blockmatics.io, or as to the accuracy, reliability, or currency of any information content, or service provided through Blockmatics.io.

THIS SITE IS PROVIDED BY Blockmatics.io ON AN “AS IS” AND “AS AVAILABLE” BASIS. Blockmatics.io MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Blockmatics.io DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Blockmatics.io WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Blockmatics.io NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstance shall Blockmatics.io or any other party involved in creating, producing, or distributing Blockmatics.io be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Blockmatics.io, including but not limited to reliance by User on any information obtained from Blockmatics.io or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Blockmatics.io's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content and services available through Blockmatics.io. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

LICENSE​ ​TO​ THE SITE

Blochmatics grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon only for your personal use or use by your company in accordance with the terms agreed upon by Blockmatics and the company, provided that you comply fully with the Terms set forth herein. You shall not interfere (or permit the use of your access by a third party to interfere) or attempt to interfere with the operation or use of the Site by other users in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of the Terms.

REGISTRATION

Certain parts or features of the Site, including but not limited to our teaching and learning tools, may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without their permission or the permission of Blockmatics. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username). If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion -1- of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your access or any access rights. In addition, companies accept responsibility for the activities of their employees and administrators. Blockmatics may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.

CHANGES TO SITE AND/OR TERMS OF USE

Blockmatics reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these Terms, in whole or in part, at any time without further notice. For changes to these Terms that we deem material, we will place a notice on the Blockmatics website located at www.Blockmatics.io by revising the link on the homepage to read substantially as “Updated Terms of Use” for a reasonable amount of time that we determine in our discretion. If you access or use the Site in any way after the Terms have been changed, you will be deemed to have read, understood, and unconditionally consented to and agreed to such changes. The most current version of these Terms will be available on the site and will supersede all previous versions of these Terms.

CONTENT

PROPRIETARY RIGHTS

User acknowledges that Blockmatics.io contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Blockmatics.io owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

LINKED SITES

The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites​”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content​”). Our provision of links to Third Party Sites is not an endorsement of any information, product, or service that is offered on or reached through such Third Party Site or Third Party Application, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE, OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT

Except as set forth in Section III(A) above, User may upload to or otherwise distribute on Blockmatics.io only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Blockmatics.io, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Blockmatics.io at the following email address: info@blockmatics.io. By submitting Content to any area of this Website, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted Blockmatics.io the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on Blockmatics.io retains any and all rights which may exist in such Content.

THIRD-PARTY CONTENT

Blockmatics.io is a distributor and not a publisher of Content supplied by third parties and Users. Blockmatics.io has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Blockmatics.io, are those of the respective authors or distributors and not of Blockmatics.io or its affiliates or any of their officers, directors, employees or agents. Neither Blockmatics.io nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of Blockmatics.io, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Blockmatics.io represents the opinions and judgments of the respective Provider, or User not under contract with Blockmatics.io. Blockmatics.io neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Blockmatics.io by anyone other than authorized Blockmatics.io employees. Under no circumstances shall Blockmatics.io, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through Blockmatics.io. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Blockmatics.io.

ONLINE CONDUCT

User agrees to use Blockmatics.io only for lawful purposes. User is prohibited from posting on or transmitting through Blockmatics.io any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If Blockmatics.io is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), Blockmatics.io may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Blockmatics.io. Blockmatics.io may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate Blockmatics.io; or (iii) to protect the rights or property of Blockmatics.io, its Users or Providers.

Blockmatics.io reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Blockmatics.io, the communities that make up Blockmatics.io, or any rights of Blockmatics.io or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Blockmatics.io nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Blockmatics.io, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Blockmatics.io.

PRIVACY POLICY

In accordance with the terms of Blockmatics.io's Privacy Policy, Blockmatics.io respects the privacy of its Users. To view our Privacy Policy, click here: [link to Privacy Policy].

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE, OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

TERMINATION OF USAGE

Blockmatics.io may terminate User's access, or suspend User's access to all or part of Blockmatics.io, without notice, for any conduct that Blockmatics.io, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or Blockmatics.io.

APPLICABLE LAW

This site is created and controlled by Blockmatics.io in the State of New York. As such, the laws of the State of New York will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Blockmatics.io reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York, and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through Blockmatics.io (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of New York, and agrees not to plead or claim in any court of the State of that such litigation brought therein has been brought in an inconvenient forum.

ARBITRATION

By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Blockmatics and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Blockmatics Entities​”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

ACKNOWLEDGMENT

The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and Blockmatics.io regarding your relationship with Blockmatics.io and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE by using the Blockmatics.io website. The aforementioned Terms of Use and Service are subject to change at any time without notice to you.