These Terms of Service constitute a legally binding agreement made between user, whether personally or on behalf of an entity (“you”, “your”) and BlockFactory (“we,” “us” or “our”), concerning your access to and use of the blockfactory.app website or hub.blockfactory.app as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.

01. USER REPRESENTATION

You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our services.

You represent and warrant that you own or control all rights in and to any content including, without limitation, all data you input into the Site or Services.

You understand and acknowledge that you are responsible for any data you submit to the Site or Services, and you, not BlockFactory, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

02. USER CONDUCT/RESTRICTION

You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service or participating in the Auction. You agree that you will abide by these Terms and will not:

1. Provide false or misleading information to BlockFactory;

2. Use or attempt to use another user’s Account without authorization from such user and BlockFactory; Create or list counterfeit items;

3. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;

4. Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;

5. Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service; Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;

6. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;

7. Use data collected from our Service to contact individuals, companies, or other persons or entities; Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

8. Bypass or ignore instructions that control all automated access to the Service;

9. Use the Ethereum, Binance Smart Chain, Polygon, Fantom, Avalanche, Arbitrum, Goerli and BSC Testnet Platforms to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of those Platforms, or the Service;

10. Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;

11. Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

03. ACCURACY OF INFORMATION AND THIRD-PARTY CONTENT

We endeavor to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.

We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.

In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third-Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third-Party Content is at your own risk.

04. USER DATA PRIVACY

We are committed to securing your personal data and keeping it confidential. Under no circumstances the data are sold to third parties. Data are only transferred to third parties to the extent required for order processing. 

05. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Site or the Services, are the property of BlockFactory or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Site or the Services.

You accept and acknowledge that the material and content contained in or delivered by the Site or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Site or the Services as set forth in this agreement.

You further acknowledge that any other use of content from the Site or the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the materials provided via the Site or the Services on any copy you make of the material but failing to do so shall not prejudice BlockFactory’s intellectual property rights therein.

You may not sell or modify materials derived or created from the Site or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Site or the Services without our express, written permission.

Any rights not expressly granted herein to use the materials contained on or through the Site or the Services are reserved by BlockFactory in full.

We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us.

06. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BlockFactory, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “BlockFactory Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, Content or Crypto Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user.

You agree to promptly notify BlockFactory of any third party Claims and cooperate with the BlockFactory Parties in defending such Claims. You further agree that the BlockFactory Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BlockFactory.

07. WARRANTY DISCLAIMERS

This hereby declares that excepts anything that is prohibited by law, the services and the features that the website and software provided and displayed “AS-IS” and “AS AVAILABLE” and we denied any of the warranties and conditions that claim the fitness of a particular purpose, title, accuracy or non-infringement. We make no guarantee that the services or the software (a) will always meet your requirements (b) will always be accurate, timely and error-free, (c) Will always be reliable, legal, safe and free from any kind of viruses, harmful code. Further, announce that there is no accuracy and liableness in the content of any sites linked with the website.

We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of crypto assets, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the service or crypto assets.

Crypto assets are intangible digital assets. They exist only by virtue of the ownership record maintained in the Ethereum, Binance Smart Chain, Polygon, Fantom, Avalanche, Arbitrum, Goerli and BSC Testnet Platforms. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within those platforms. We do not guarantee that BlockFactory or any BlockFactory party can affect the transfer of title or right in any crypto assets.

BlockFactory is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Crypto Assets. BlockFactory is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Crypto Assets including forks, technical node issues or any other issues having losses as a result.

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

08. GOVERNING LAW, LEGAL DISPUTES AND JURISDICTION

All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Poland. For litigation arising from this Agreement, the Parties submit to the exclusive jurisdiction of the arbitration in Poland. Furthermore, if any arbitration is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs.

Except where prohibited by applicable law, you agree that any claim you may have against us shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join, or participate in a class action against us. You further agree to expressly waive your right to a trial by jury.

Any cause of action or claim you may have arising out of or relating to these terms of use or the services or site must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

09. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

10. CHANGES OF TERMS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

11. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Email: team@blockfactory.app