Terms of use

Welcome to the Blockchain Magazine website and related interactive features, products, services, applications, or downloads (collectively, the “Website”) that are owned by Blockchain Magazine, Inc., including our affiliates and subsidiaries (“Company,” “we,” and “us”).

BY USING OUR WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE (“TERMS”) AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE AGREEMENT TO ARBITRATE SECTION BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Agreement to Arbitrate. The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to these Terms or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the The Indian Council of Arbitration (ICA) in accordance with its rules and procedures. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction located in Mumbai, India. The parties agree that Indian law applies to any arbitration under these Terms, and the parties waive any objections to jurisdiction or venue in Mumbai, Maharashtra. This agreement to arbitrate shall survive termination of these Terms. This arbitration agreement does not preclude you from bringing issues to the attention of Indian government agencies, and, if the law allows, they can seek relief against us for you.

Waiver of Class Actions. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT.

Products and Services. Blockchain Magazine offers a range of products and services that are detailed on our website. All prices are displayed and charged in US dollars. Any applicable sales taxes and other taxes are not included in the sale price and will be added separately. The total amount of taxes may vary based on your shipping location. Discounts and sales prices are not applicable to previous orders, and we reserve the right to adjust the duration of any special orders or sales promotions. Please note that all features, content, specifications, products, and prices described on our website are subject to change without prior notice. While we strive to ensure the availability of products and services, their inclusion on the website does not guarantee their availability at all times. In some cases, there may be delays in product or service availability. Any terms and conditions associated with specific offers are considered part of these Terms of Use.

Order Eligibility. When purchasing products and services from Blockchain Magazine, please note that they are intended for personal, non-commercial use unless otherwise specified. We reserve the right to refuse any order that we suspect may be intended for resale outside of approved distribution channels. While we strive to ensure that our products and services comply with applicable laws and regulations, we make no representation or guarantee that they are suitable for use outside India. Accessing our website from territories where its content is illegal is strictly prohibited. It is your responsibility to comply with all relevant local, state, federal, and international laws, including any minimum age requirements, regarding the possession, use, and sale of our products and services. Please note that any prices listed on our website are subject to correction, and we reserve the right to refuse or cancel orders placed at incorrect prices, even after confirmation. Additionally, we reserve the right to accept or decline orders and to refuse shipment to certain addresses at our discretion, even after order confirmation or payment.

Electronic Receipts and Notices

By using our Websites or making a purchase, you agree to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, and other communications electronically. These will be provided by posting them on your account page or emailing them to the email address associated with your account or order. You acknowledge that these electronic documents satisfy legal communication requirements, including the requirement that such communications be in writing.

Shipping Limitations. Orders will be shipped to the address designated by the purchaser, provided it complies with the shipping restrictions outlined on our Websites. The risk of loss and title for items purchased from our Websites pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Delivery may require a signature, and we do not guarantee specific delivery dates or times.

Returns and Refunds. Unless otherwise stated at the time of purchase, all sales are final, and no refunds or credits will be issued. Any returns or refunds issued at our discretion do not obligate us to provide similar remedies in the future. However, certain jurisdictions may provide additional statutory rights that override these terms.

Charges. For all charges related to products or services sold on our Websites, we will bill your credit card or alternative payment method offered by us. You agree to provide valid and updated payment information. In the event of legal action to collect overdue balances, you agree to reimburse us for all associated expenses, including attorneys’ fees. You are responsible for all fees charged by your financial institution related to these charges. Payment obligations are non-cancelable, and fees paid are non-refundable. We reserve the right to suspend or terminate your account for overdue balances. If you dispute any charges, you must notify us in writing within ten (10) business days of the charge.

Contests and Promotions. Periodically, we, our advertisers, or other parties may organize promotions and activities on, through, or in connection with our Websites, including contests and sweepstakes. Participation in these activities may afford you the opportunity to win prizes. Each promotion may have its own set of terms, rules, or eligibility requirements, which will be provided to you in connection with the promotion in accordance with applicable law.

Copyright, Trademark, and Ownership. All content displayed on our Websites, including text, graphics, photographs, images, sound, and illustrations (“Content”), is the property of Blockchain Magazine, its licensors, agents, or the party credited as the provider of the Content. The elements of our Websites, including the general design, trademarks, service marks, trade names, and other Content, are protected by various laws relating to intellectual property rights. You are authorized to view, play, print, and download documents, audio, and video from our Websites for personal, informational, and non-commercial purposes only. Any other use of the Content or our trademarks, including reproduction, modification, distribution, or transmission, requires our prior written consent. Use of our trademarks on other websites is prohibited without our approval. The Content and all related rights remain the exclusive property of Blockchain Magazine or its licensors, unless expressly agreed otherwise. Removing copyright, trademark, or other proprietary notices from material found on our Websites is prohibited.

User Content. In designated areas, Blockchain Magazine may allow users or members of the public to submit user-published content or user content (e.g., comments to articles, participation in communities, etc) to Blockchain Magazine for consideration in connection with the Websites (“User Content”). User Content remains the intellectual property of the individual user. By posting content on our Websites, you expressly grant Blockchain Magazine a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, online and offline use, merchandising, publicity, and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. All User Content is deemed non-confidential, and Blockchain Magazine shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. To submit a request to have content that you have posted removed, please contact the designated community manager.

User Content does not represent the views of Blockchain Magazine or any individual associated with Blockchain Magazine, and we do not control the User Content. In no event shall you represent or suggest, directly or indirectly, Blockchain Magazine’s endorsement of User Content. Blockchain Magazine does not vouch for the accuracy or credibility of any User Content on our Websites and does not take any responsibility or assume any liability for any actions you may take because of reading User Content on our Websites. Through your use of the Websites, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons or people acting under false pretense. By using our Websites, you assume all associated risks.

Blockchain Magazine does not encourage and strongly discourages any User Content that results from any activity that: (a) may create a risk of harm, loss, injury, emotional distress, death, disability, disfigurement, or illness to you, to any other person, or to any animal; (b) may create a risk of any loss or damage to any person or property; or (c) may constitute a crime or create civil liability. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind. Blockchain Magazine may reject or remove any submissions that Blockchain Magazine believes, in its sole discretion, include any inappropriate or prohibited material.

Advertising Rights. Blockchain Magazine reserves the right to sell and display any advertising, attribution, links, promotional, and distribution rights, and Blockchain Magazine and its licensors or affiliates will be entitled to retain all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Blockchain Magazine to sell or offer to sell any advertising, promotion, or distribution rights.

Accuracy of Information. We endeavor to ensure that information on Blockchain Magazine’s Websites is complete, accurate, and current. Despite our efforts, the information on these Websites may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on these Websites. For example, products included on these Websites may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on these Websites. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.

Links. Running or displaying these Websites or any information or material displayed on these Websites in frames or through similar means on another website without our prior written permission is prohibited. From time to time, these Websites may contain links to third-party websites that are not owned, operated, or controlled by Blockchain Magazine or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Websites. We are not responsible for any content, materials, or other information located on or accessible from any third-party websites. We do not endorse, guarantee, or make any representations or warranties regarding any other websites or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from these Websites, you do so entirely at your own risk.

Inappropriate Use of the Websites. You are prohibited from sending or posting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane messages or materials on the Websites. You may not post any material on the Websites, or otherwise use the Websites in any manner, that could: (a) humiliate, threaten, or injure other people or their property rights, including, but not limited to, intellectual property rights; (b) violate the privacy or publicity rights of other individuals or entities; (c) be considered criminal conduct or give rise to civil liability; or (d) otherwise violate any law or these Terms. You further understand and agree that posting unsolicited advertisements on these Websites is expressly prohibited by these Terms. Any unauthorized use of our computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate removal of your content from these Websites, termination of your account, and termination of your access to the Websites. As set forth in our Privacy Policy, we may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Account Registration and Security. You understand that you may need to create an account to have access to parts of the Websites. Accounts are limited to one per individual and multiple accounts may not share the same wallet. In consideration of your use of the Websites, you will: (a) provide true, accurate, current, and complete information about yourself as prompted by the Websites’ registration process and (b) maintain and promptly update your information to keep it true, accurate, current, and complete. If Company suspects that such information is untrue, inaccurate, not current, incomplete, or that you maintain multiple accounts, Company has the right to suspend or terminate your account and refuse all use of the Websites. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Websites. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.

Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our or our vendors systems; (b) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Websites; or (c) bypass any measures we may use to prevent or restrict access to the Websites.

Privacy. Information collection and use, including the collection and use of personal information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

Force Majeure. Company is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, public health emergency, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Representations and Warranties. You affirm, represent and warrant the following: (a) you are old enough in your location to enter into a binding contract with Company and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (b) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you have provided to us; (c) if applicable, you have the written consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Websites and these Terms, and each such person has released you from any liability that may arise in relation to such use; (d) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (e) you are not, and have not been an agent of Company and were not and are not acting on behalf of, or as a representative of, Company or any other party; (f) Company use of any information you have submitted as contemplated by the Terms and the Websites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (g) you are not located in a country that is subject to a government embargo or that has been designated as a “terrorist supporting” country; and (h) your User Content does not contain: (1) material falsehoods or misrepresentations that could harm Company or any third party; (2) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (3) advertisements or solicitations of business; or (4) impersonations of third parties.

DISCLAIMERS

Your use of these Websites is at your own risk. The information, materials, products, and services provided on, through, or in connection with the Websites or otherwise provided by us are provided “as is” without any warranties of any kind including, but not limited to, warranties of merchantability, fitness for a particular purpose, security, non-infringement of intellectual property, freedom from computer virus, or warranties arising from course of dealing or course of performance. To the fullest extent permitted by applicable law, we hereby disclaim all warranties of any kind, either express or implied, with respect to the Websites and our products and services. We do not represent or warrant that the Websites or any information or products or services we provide will be uninterrupted or error-free, that defects will be corrected, or that the Websites are free of viruses or other harmful components. We do not make any warranties or representations regarding the completeness, correctness, accuracy, adequacy, usefulness, timeliness, or reliability of the Websites or any information or products or services we provide. The information, materials, products, and services provided on or through the Websites may be out of date, and neither Company nor any of its affiliates makes any commitment or assumes any duty to update such information, materials, products, or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by applicable law.

To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products or services listed on or purchased on or through these Websites. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defects or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by applicable law.

No advice or information, whether oral or written, obtained from Company or through Company’s Websites, products, and services will create any warranty not expressly made herein.

LIMITATIONS OF LIABILITY

In no event will Company, or any of its officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation, production, or transmission of these Websites, be liable to you or anyone else for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of these Websites, any websites linked to these Websites, or the materials, information, products, or services contained on or provided in connection with the Websites, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that Company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by applicable law.

In the event of any problem with the Websites or any content or products or services, you agree that your sole remedy is to cease using the Websites or the content or products or services. In no event shall Company’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) twenty-five dollars (US $25.00) or (b) the value of your purchases on the Websites for the six (6) months prior to you making a claim.

Indemnity. You agree to defend, indemnify, and hold Company, our parent companies, subsidiaries, affiliates, and their successors, as well as the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) your use of the Websites or your placement or transmission of any message or information on these Websites by you or your authorized users; (b) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (c) your violation of any third-party rights, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any information or material that you provide to Company; or (f) any other party’s access and use of the Websites with your unique username, password, or other appropriate security code.

Release. If you have a dispute with another user or other party related to the Websites, you release Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Termination. You or we may suspend or terminate your account or your use of these Websites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We may also block your access to our Websites if (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or Company, may involve the permanent deletion of your data. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.

All rights not granted herein are expressly reserved to Blockchain Magazine.