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Updated on: January 26, 2023
These Terms of Services (the “Terms”) govern the relationship between Block 139 (“139” or “we”) and its users (“Users” or “you”) for the use of the website block139.com (the “Website”)
1. Binding Terms
As a User, you agree to be bound by the Terms when using the Website, including on your desktop computer or on your mobile, and where applicable on the Android or IOS application.
2. Amendment to the Terms
We may change the Terms at any time, in our sole discretion and without notice to you. The change will be indicated on the Website through a change of date in the field “updated on”. The change is deemed to be effective immediately after the publication of the amended Terms on the Website. It is your responsibility to review the Terms before using the Website. If you disagree with any provision of the Terms, please discontinue your use of the Website immediately.
3. Design of the Website
The design of the Website is protected under applicable copyrights and other proprietary rights and is intellectual property of 139. You are not allowed to make a commercial reproduction of the Website without our prior consent. You are allowed to make a personal reproduction of the Website (such as on a social media) without our prior consent.
4. Third Party Content
The Website contains links to third-party websites, resources and advertisers. 139 does not control, endorse, sponsor, recommend or otherwise accept responsibility for any third-party content. We are not responsible for the availability of these outside resources, or their content or privacy practices. Therefore, you should direct any concerns regarding any third-party content this third-party. We do not accept responsibility for the content of external websites linked to through the Website. Third party content is accessed at the User’s own risk.
5. Fees
The Website is a free to use. Therefore, 139 does not charge any fee for the use of the Website. However, 139 retains the right to charge for the use of certain services provided on the Website in the future and, subsequently, to restrict access of such services to all users unless a certain fee is paid to 139.
In addition, 139 may charge fees for publication of information, “sponsored” or “promoted” articles or an NFT collection listing, or publication of an advertisement from a third party.
6. Advertisement and Link to Commercial Information
The Website may include advertisement or information of commercial nature (“Commercial Content”). The source of any Commercial Content may be from 139 or from third parties. For the sake of clarity, this Commercial Content includes promoted NFT collections. These promoted collections are indicated with a “P” mark.
139 does not guarantee the reliability or accuracy of Commercial Content. In addition, the publication of Commercial Content is not a recommendation or suggestion to make investment or purchase decision.
7. Submitted Data
When you upload or submit information or files on the Website (the “Submitted Data”), such as through the use of the NFT listing form, you represent to us that you have all the rights to upload or submit the Submitted Data and the Submitted Data do not violate any law or the rights of any person.
You agree not to provide Submitted Data that is defamatory, obscene, pornographic, encourage racism, discriminative of any kind, abusive or otherwise illegal material (“Abusive Content”).
139 has an absolute discretionary right to remove or alter Submitted Data which can be deemed as Abusive Content. You agree that the Submitted Data is not misleading information and information with intent to defraud.
You agree not to upload malware, viruses, spyware, or other malicious software or files to the Website. You agree that the Submitted Data will be reviewed by 139 and that 139 may edit, remove, change the Submitted Data so that the Submitted Data may comply with the Terms and applicable laws.
You grant to 139 a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to use the Submitted Data on the Website and for other services associated with 139.
Therefore, 139 is entitled to use, copy, publish, distribute, make a public use or make reference to the Submitted Data. In addition, 139 is entitled to reuse the Submitted Data on other medium that 139 controls, such as podcasts, educational videos, flyers etc.
When you submit the Submitted Data, you consent to its display and publication on the Website.
Unless otherwise agreed between us in writing, you shall not use the Website for commercial purposes. You shall not, without our written approval, distribute or otherwise publish on the Website any material containing any solicitation of funds, advertising or solicitation for goods or services.
8. Not Financial or Investment Advice
The content of the Website is for informational purposes only. Nothing on the Website constitutes professional information, including without limitation legal, tax, investment, financial, or other advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Nothing published on the Website shall be deemed an investment recommendation. No data or content published on the Website shall be deemed a recommendation or suggestion to make or not to make an investment, which is a decision for you to make at your own risk.
9. Limitation of liability
You agree to hold 139, its affiliates, officers, directors, employers, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Website, your violation of the Terms, and/or your violation of the rights of any third party or person.
To the maximum extent permitted by law, you will not hold 139 liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with these Terms or your use of or attempt to use the Website, including (but not limited to) damages for loss of profits, goodwill, use, or data, regardless of whether we have been advised of the possibility of such damages.
You agree to release 139, its affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Website.
10. Severability
If for any reason any provision of the Terms, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible by law so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
The Terms constitute the entire agreement between us and you with respect to the Website and supersede all prior or contemporaneous communications, agreements and understandings between us and you with respect to the subject matter hereof.
11. Assignment
You agree that we may transfer our rights and/or obligations under these Terms or transfer any content or database to third parties of our choosing without notifying you or obtaining your consent.
12. Governing Law; jurisdiction
The Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to conflicts of law provision principles. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Terms, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in the City of New York, New York.
