User Terms Of Service

BUTTERFLY HUNT

OFFICIAL RULES

NO PURCHASE NECESSARY

PROMOTION DESCRIPTION:  BUTTERFLY HUNT, a virtual treasure hunt, (the “Promotion”) begins on January 13th 2019 at 12pm Eastern Time (“ET”) and ends on January 15th 2019 at 5pm ET (the “Promotion Period“).  Participation in the Promotion does not constitute participation in any other promotion, contest or sweepstakes.  By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of BLOCKv AG, Landsgemeindeplatz 11 6300 Zug Switzerland (“Sponsor”), which shall be final and binding in all respects.  

ELIGIBILITY:  Only legal United States residents who are eighteen (18) years of age or older are eligible to participate. Participants MUST BE registered attendees of the National Retail Federation event (NRF Big Show) at the Jacob Javits Center in New York City or at the Retail Orphan Initiative’s Super Saturday event – both of which are closed to the public. Employees, officers and directors of Sponsor, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities”) and the immediate family members, and/or those living in the same household of each are ineligible to participate in the Promotion.  Promotion is void where prohibited by law. 

HOW THE PROMOTION WORKS: 

Registration

During the Promotion Period, eligible entrants will have the opportunity to receive a prize in this Promotion.  Entrants must register for the Promotion by completing an account form, which requires the entrants’ valid email address or phone number and acceptance of the official rules in order to be eligible for a prizein this Promotion.  

Virtual Treasure Hunt

Upon registration, entrants will receive instructions to play a virtual game.  At the conclusion of the virtual game, entrants will be informed if they have won a prize in this Promotion and directed with instructions to redeem the prize presented (subject to verification of eligibility).  If entrants receive a message that contains any message other than a winning prize/offer message, they are not a winner. 

Limit one (1) play per person per day unless otherwise noted.  For purposes of these Official Rules, a “day” is defined as any twenty-four (24) hour period during the Promotion Period beginning at 12:00:01 a.m. ET and ending at 11:59:59 p.m. ET.

Determination of Winners

Winners are selected either based on a prize engine, which predetermined the odds of winning a prize, or because entrant finds a winning object at a predetermined location in the treasure hunt. If entrant is a potential winner, entrant will be provided with instructions on how to claim their prize.  If entrant receives a message that contains any message other than a winning message, they are not a winner.

The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error that may occur in the processing of the entries in the Promotion.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. NOTE: Participation must be by the participant and only as directed in these Official Rules.  Participation by any other individual or entity, and/or originating at any website or other platform, including but not limited to commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion.  The use of any device to automate the entry process is prohibited and will lead to disqualification.

In the event of a dispute over the identity of an entrant, entry will be deemed completed by the authorized account holder of the email address provided at time of registration. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, wireless carrier, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

If due to technical, production or other errors, more prizes/offers are claimed than intended, the intended prize/offer will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of prizes/offers set forth in these Official Rules will be awarded. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A “SCREENSHOT” IS NOT PROOF OR EVIDENCE OF A WINNING PLAY AND/OR PRIZE/OFFER. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE/OFFER, EVEN IF THE PLATFORM SHOULD SO INDICATE, UNLESS AND UNTIL SAID PARTICIPANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND SAID PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.  The submission of a prize/offer claim is solely the responsibility of the participant.

Except as contemplated in these Official Rules, personal information collected in connection with this Promotion will be used in accordance with Sponsor’s Privacy Policy.

PRIZE LIST:

Quantity

Description

Approximate Retail Value
      700

Starbucks $5 gift card 

$3,500

50

Amazon Echo Dot

$1,500

20

Priority Pass (5 plus or 15 standard)

$2,000

Unlimited

Lyft 20% Discount

N/A

40

$5 starbucks gift cards 

$200

300

Blinking bouncy balls

$750

900

Frito Lay Chips

$360

35

Drones

$7,000

100

Stainless steel drinking straws

$100

50

Applebees $25 gift cards

$1,250

200

Hikvision portable SSD 120GB 

$6,000

200

$5 Starbucks gift cards

$1,000

100

$5 Shake Shack Gift Cards

$500

5

Astro Dolls

$125


UNCLAIMED/UNREDEEMED PRIZES WILL NOT BE AWARDED. There is no guarantee that all prizes will be awarded.  

GENERAL PRIZE/OFFER CONDITIONS: No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  Any potential winner of a prize valued at $600 or more must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.

GENERAL: Acceptance of a prize constitutes winner’s permission for Sponsor and its designees to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prizes quality or fitness for a particular purpose.  Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize/offer notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event Sponsor is prevented from awarding prizes/offers or continuing with the Promotion as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Promotion. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

WINNER’S LIST:  For the names of the prize winners, send a self-addressed, stamped envelope to: Butterfly Hunt c/o Drew Yacu, 227 Santa Monica Blvd Santa Monica CA 90401. All such requests must be received within six (6) weeks after the end of the Promotion Period.

The PROMOTION is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. Facebook and Twitter are completely released of all liability by each PARTICIPANT in this PROMOTION.  Direct any questions/comments/complaints regarding the Promotion to Sponsor, not Facebook or Twitter.

The Promotion is in no way sponsored, endorsed or administered by, or associated with Apple, Inc.  Apple, Inc. is completely released of all liability by each participant in this Promotion. 

The Promotion is in no way sponsored, endorsed or administered by, or associated with Alphabet, Inc.  Alphabet, Inc. is completely released of all liability by each participant in this Promotion. 

1) Introduction

BLOCKv AG (“BLOCKv” and/or “we” “our” or “us”) maintains a developer platform (the “BLOCKv Platform”) that enables developers and End Users to create and interact with digital goods called “vAtoms” (each a “vAtom”) on the BLOCKv Platform made available by third parties. The BLOCKv Platform, the BLOCKv websites, the BLOCKv apps or other online services or related materials provided by BLOCKv are herein collectively referred to as the “Services”. The User Terms of Service (these “Terms”) govern the use of the Services.

By creating an account on the Platform (“User Account”) you agree to be bound by these Terms and all other BLOCKv terms, policies and guidelines applicable to your use. If you are an individual representing an entity, you acknowledge that you have the appropriate authority to accept these Terms on behalf of such entity, and in which case the terms “you” “your” and “User” in these Terms shall apply to such entity.

Our Services are designed to allow you to own digital goods without restrictions on sale or other transfer. If you acquire vAtoms, BLOCKv is not a party of such agreement. BLOCKv does not make available vAtoms. Hence, we are not responsible for the terms of sale or use associated with any vAtoms.

2 User Access to the BLOCKv Platform

Subject to these Terms, BLOCKv hereby grants you a limited, revocable, non-transferable, nonsublicensable, and non-exclusive right to access and use the BLOCKv Platform. You may access and use the BLOCKv Platform only as expressly permitted as described herein and on the BLOCKv Platform. You will not:

a) permit any third party to access the Services via your Account;

b) remove or alter any copyright, trademark, service mark or other proprietary notices on the Services;

c) modify, copy, distribute, create derivative works of, publicly perform, publicly display, sell, timeshare, rent or lease the Services, in whole or in part; or

d) otherwise use the Services other than for their intended purposes.

3 Registration and Account

In order to use BLOCKv Services, you will need to register for an account (“Account”). When registering for an Account, you cannot create an Account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim Account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. In connection with your creation of any Account, you will

a) provide accurate, current and complete Account information

b) maintain and promptly update your Account information as necessary

c) maintain the security of your password

d) be solely responsible for all access and use of the BLOCKv Services via your Account, including unauthorized access, and BlockV User Terms version 1.0 e) immediately notify us if you discover or otherwise suspect any unauthorized activities in connection with your Account or the BLOCKv Services.

4 User Account Security

For the protection of your interests, it is imperative you keep safe and guard the account access information issued to you. You acknowledge and accept that you are solely responsible for the security of your Account and for any use of your Account as well as for the vAtoms held on it. BLOCKv will not be liable or accountable, nor shall be deemed to have any liability or accountability, for any loss or damage regarding your failure to keep your Account information secret and protected. Furthermore, BLOCKv has no control over your actions or transactions made using the BLOCKv Services. With that in mind, BLOCKv will have no liability to you or to any third party for any claims or damages that may arise as a result of any actions or transactions that you engage in while using the BLOCKv Services. BLOCKv shall not be liable for the acts or omissions of any third parties, nor will they be liable for any damage that you may suffer as a result of interacting with any third parties. We reserve the right to cancel or refuse to process any transaction due to requirements of any applicable laws or regulations, and without prior notice.

5 Developer Services

BLOCKv is a technology provider that enables Developers to use the BLOCKv Services to create vAtoms and, in some circumstances, to provide additional services (vAtoms and such services referred to as “Developer Services”) to you. All Developer Services are neither owned nor controlled by us, but only by the Developer (or its licensees / assignees) who created / provides them. The Developer Services are provided at the Developer’s own expense and are subject to the Developer’s terms and conditions. The relationship between BLOCKv and you is exclusively governed by these Terms of Use and will not be affected by the Developer Services in any way. You understand and acknowledge that BLOCKv does not assume any liability and / or warranty for the Developer Services provided by any Developer to you. You are fully responsible for your use of the Developer Services and therefore solely liable for any infringement of intellectual property rights or violation of rights of publicity related to any third party content that is used in the Developer Services, including, but not limited to, any patents, trademarks, names, logos, text, images, photographs, video footage, audio recordings, or software.

6 Rules of Use

You represent and warrant that you have full right and authority to use the BLOCKv Services and to be bound by these Terms You agree that with your access and use of the BLOCKv Services you will fully comply with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the BLOCKv Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

You may not use the Services BLOCKv to:

a) Introduce any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature to the BLOCKv Services

b) Interfere with or disrupt the BLOCKv Services or the servers and networks providing the BLOCKv Services; BlockV User Terms version 1.0

c) Reverse engineer or attempt to extract the source code from the BLOCKv Services, except to the extent that this restriction is expressly prohibited by applicable law, and then in such case, the information derived will be maintained in strict confidence

d) Use the BLOCKv Services for any activities where the use or failure of the BLOCKv Services could lead to personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems)

e) Remove, obscure, or alter any BLOCKv terms of service or any links to or notices of those terms; Moreover, you commit to refrain from using the BLOCKv Services for any illegal (violation of any applicable law, rule or regulation), obscene, offensive and upsetting purpose / action or in any such context.

You hereby acknowledge that your right to use the BLOCKv Services is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your right to use the BLOCKv Services shall immediately terminate, and you shall immediately refrain from using the BLOCKv Services. Any use of the BLOCKv Services that violates these Terms is strictly prohibited. BLOCKv reserves the right to immediately terminate and revoke your limited rights granted by these Terms, in particular your right to use and access the BLOCKv Services, if we deem a violation has occurred. Any of such actions, including the termination of your rights to use the BLOCKv Services, may be applied by us permanently or temporarily. In such an event, we may terminate your User ID as well as your User Account and hence your access to the BLOCKv Services. Upon termination of your User Account, your Account log in credentials may not be reserved and it may not be possible to re-instate them. You hereby acknowledge and agree that we are under no obligation to compensate you for any losses of any kind whatsoever resulting from the cease of BLOCKv Services as set forth hereinabove, whether such closure was voluntary or involuntary, and you hereby irrevocably waive any demand or claim regarding the above.

7 Taxes and Costs

BLOCKv is not responsible for any costs, fees, taxes, levies, charges and/or expenses of any kind you may
incur, resulting from your use of the BLOCKv Services, the Developer Services and/or in connection
therewith, whether such may be incurred pursuant to any applicable laws, rules or regulations, by any third
party service provider(s), or otherwise. Any and all such taxes, levies, charges and/or expenses of any kind
shall be borne solely by you. You agree that you shall have no claim, suit or demand of any kind, and by
agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any
kind, to the extent such may exist or hereafter arise, towards BLOCKv, affiliated companies and any of our
directors, managers, employees or consultants, in connection with or related to any of the foregoing.

8 Intellectual Property

The BLOCKv Services including the BLOCKv and any other BLOCKv service names, logos or slogans that
may appear on the Services, and the look and feel of the Services, including all page headers, custom
graphics, button icons and scripts are protected by international intellectual property laws, including without
limitation copyright laws, trademark laws and trade secret laws. You will not infringe the intellectual property
rights, privacy rights, or moral rights of BLOCKv or any third party. You will not remove or alter any
proprietary notices or marks on the BLOCKv Services. You also will not sublicense, lease, rent, loan,
distribute, sell, transfer or make available the BLOCKv Services to any third party except as specifically
permitted by these Terms. The BLOCKv Services are licensed and not sold. If we receive any feedback,
suggestions, ideas, reports, or other information relating to the BLOCKv Services, BLOCKv and its
subsidiaries and affiliates may use such information without obligation to you. BLOCKv reserves all rights
not expressly granted in these Terms. Except as may be otherwise provided herein, the Developer shall
have no right, express or implied, to use in any manner the trade name, trademark, logos, or any other
designation of BLOCKv for any purpose without obtaining the prior written consent from BLOCKv.

9 Third Party Content

The BLOCKv Services may display or link to third-party content, in particular the Developer Services, advertisements, links, promotions, logos and other materials, (collectively, “Third-Party Content”). We do not control or sponsor any Third-Party Content or the third parties responsible for or referenced on the Third-Party Content, in particular any Developer Services. We make no representations or warranties of any kind regarding Third-Party Content. Your interactions with Third-Party Content, and any third party that provides Third-Party Content (in particular Developer Services ), are solely between you and such third parties, and BLOCKv is not party to and has no responsibility or liability with respect to any Third-Party Content, including with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user of our Services or any provider of Developer Services.

10 Updates.

We reserve the right to modify or update the BLOCKv Services at any time, for any reason, and without notice to you, though we will try to provide as much prior notice as possible. We may add or remove functionalities or features at our discretion that interfere with your Applications and/or Services, and we do not guarantee any functionality or compatibility with any future or modified versions of the BLOCKv Services.

11 No Uptime Guarantee.

BLOCKv provides its services on a best-effort basis. There is no guarantee that the BLOCKv Services will be accessible at all times or that the use of the BLOCKv Services will be uninterrupted or error-free. To the extent feasible, planned downtimes will be announced on the BLOCKv website with reasonable notice in advance. By creating an account on the Platform and using the BLOCKv Services, you acknowledge that BLOCKv cannot be held liable for any losses or damages resulting from the downtime of the BLOCKv Services.

12 Support.

The support team of BLOCKv (“Support Team”) provides support services to users in English. Prior to making any support request to BLOCKv, you are requested to first use reasonable efforts to fix any error, bug, malfunction, or network connectivity defect on your own without any escalation to BLOCKv. Thereafter, you may submit a written request for support via email to the Support team which can be reached at support@blockv.io or the feedback function on your App. While the Support Team endeavors to process support requests as quickly as possible, the response times can vary from a few minutes up to several days. In some instances, the initial response may be auto generated.

13 Risks

13.1 Risk of Regulatory Actions. The BLOCKv Services could be impacted by regulatory inquiries or regulatory actions in any jurisdiction which could impede or limit the ability of BLOCKv to continue to develop, or which could impede or limit your ability to access or use the BLOCKv Services. BLOCKv endeavors to comply with all applicable laws and legal requests for information and reserves the right to provide information regarding your use of the BLOCKv Services to regulatory authorities, law enforcement personnel, and other third parties to answer inquiries, respond to legal actions, respond to orders of a court of competent jurisdiction and those exercising the court’s authority, and to protect BLOCKv and its Users. BlockV User Terms version 1.0

14 No Warranties

Limitation of Liability; Indemnification

14.1 No Warranties. You expressly understand and agree that your use of the BLOCKv Services is at your sole risk and that the BLOCKv Services are provided “as is” and “as available” without warranty of any kind. None of BLOCKv or its subsidiaries, affiliates, licensors, suppliers or distributors makes any specific promises about the BLOCKv Services. To the maximum extent permitted by law, BLOCKv and its subsidiaries and affiliates expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

14.2 Limited Liability. To the maximum extent permitted by law, BLOCKv and its subsidiaries, affiliates, licensors, suppliers and distributors, will not be liable for any damages of any kind, including, but not limited to, lost profits, lost revenues, lost data, and financial losses, unless such damages are caused by gross negligence or willful misconduct. Nothing in this Agreement shall exclude or limit the liability of BLOCKv personal injury caused by the negligence of BLOCKv or its employees or agents.

14.3 Indemnification. You agree to hold harmless and indemnify BLOCKv, and its subsidiaries, affiliates, partners, licensors, officers, agents, and employees, from and against any third-party claim, including any liability, losses, damages, lawsuits, judgements, litigations costs, attorney’s fees, and other expenses arising from such claims, or arising from or in any way related to:

a) your breach of any of the provisions of these Terms

b) any infringement, misappropriation or other violation of any intellectual property or proprietary right, right of privacy, right of publicity or other right by you or any third party; or BLOCKv

15 Data Protection

The processing of personal data by BLOCKv within the scope of your use of the BLOCKv Services shall be governed by the relevant provisions of BLOCKv’s Privacy Policy which can be found in the current version under the following link: www.blockv.io/privacy. BLOCKv’s Privacy Policy forms an integral part of these Terms.

16 Termination

16.1 Termination Rights. You may cease using the BLOCKv Services at any time without notice. Without limiting any other right or remedy of BLOCKv hereunder, BLOCKv, at its sole discretion, will have the right to immediately terminate these Terms and/or suspend or terminate your access to the BLOCKv Services without liability or other obligation to you for any cause it deems reasonable, upon reasonable notice / without notice in case of force majeure. If BLOCKv, at its own discretion, decides to permanently discontinue the Services, BLOCKv will provide you with a notice via its website, Twitter account, or any other means of communication deemed appropriate.

16.2 Effect of Termination. Upon any termination or expiration of these Terms or discontinuation of your access to the BLOCKv Services, you must immediately cease all use of any BLOCKv Services. BLOCKv may block the access to your User Account.

16.3 Survival. Provisions of these Terms that by their nature are intended to continue indefinitely will continue to apply following the termination of these Terms and your discontinuation of use of the BLOCKv Services. BlockV User Terms version 1.0

17 General Provisions

17.1 Entire Agreement. You agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

17.2 Updates. We reserve the right to change these Terms at any time in our discretion. We will give you notice of the changes by posting an updated version of these Terms online or by emailing you at an email address you have provided. Changes will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. You are responsible for checking for updates. Your continued use of the BLOCKv Services after changes to these Terms take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the BLOCKv Services.

17.3 Assignment. You may not assign any rights provided to you under these Terms. BLOCKv may assign all rights under these Terms to any other individual or entity in its sole discretion.

17.4 Third Party Beneficiaries. BLOCKv’s underlying service providers, business partners, third-party suppliers and providers, members of its network, account providers, licensors, officers, directors, employees and agents are expressly made third party beneficiaries of these Terms. Except as set forth in the immediately preceding sentence, nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.

17.5 No Waiver. No delay or failure of BLOCKv to take action or enforce a right under these Terms will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of BLOCKv, and no single waiver will constitute a continuing or subsequent waiver.

17.6 Arbitration. Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one if the amount in dispute is below CHF 200,000.00 and three if the amount in dispute is CHF 200,000.00 or above. The seat of the arbitration shall be Zurich. The arbitral proceedings shall be conducted in English.

17.7 Class Action Waiver. You hereby agree to waive any class action proceeding or counterclaim against BLOCKv, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to these Terms, the performance of either party, and/or your purchase from BLOCKv, its affiliates, successors or assigns of the franchise and/or any goods or services.

17.8 Governing Law and Jurisdiction. These Terms and any Dispute will be governed by and construed and interpreted in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules. The United Nations Convention for the International Sales of Goods (Vienna Sales Convention) is hereby excluded. Any dispute under this Terms shall be submitted to the exclusive jurisdiction of the Courts of Zurich 1, Switzerland.

17.9 Contact. If you have questions concerning these Terms or the BLOCKv Services, you may contact us at support@blockv.io.