1.Introduction
These Terms of Use regulate your usage of the products, services, and features offered by Elephantmilk GmbH and Blockunique ("Blockunique", "we", "us" or "our"). The term "you " refers to any natural person who signs these Terms or any legal entity they represent. The products and services offered by us include, but are not limited to, the creation, purchase, sale, exchange, or modification of digital assets, and online/mobile services accessible through the website www.blockunique.io and the software provided in connection with these services (collectively referred to as "Service"). Some features of the Service may be subject to additional guidelines, terms, or rules, referred to as " Supplemental Terms", which are displayed in connection with these features. All such Supplemental Terms are included in these Terms. In case of any inconsistency between these Terms and the strong Supplemental Terms, the latter will only apply to the specific Service.
Blockunique provides a platform for artists, buyers, and sellers of digital assets, as well as any non-digital products, services, and benefits offered by sellers. Blockunique is not a broker, financial institution, or creditor and only serves as an administrative platform. Transactions between buyers and sellers are facilitated by Blockunique, but the company is not a party to any agreement between users. If you use the Service to make a purchase, the seller is considered an intended third-party beneficiary of these Terms, and Blockunique will use reasonable efforts to ensure that buyers are also considered intended third-party beneficiaries for the purpose of enforcing their rights. Blockunique will not be a party to or have any responsibility for disputes between buyers and sellers regarding the provision or failure to provide any item.
You are fully responsible for verifying the identity, legitimacy, and authenticity of any items you purchase through the services offered by Blockunique. Although Blockunique may provide indicators or messages suggesting verification, the company does not make any claims about the identity, legitimacy, or authenticity of items offered for sale on its platform. Kindly review Section 20 of these Terms thoroughly, as it contains an arbitration agreement that, with a few exceptions, mandates that any disputes between us be resolved through binding and final arbitration.
UNLESS YOU EXCLUDE YOURSELF FROM THE ARBITRATION CLAUSE:
(a) YOU WILL BE ALLOWED TO SEEK REMEDY FOR YOUR CLAIMS AGAINST US ONLY AS AN INDIVIDUAL, NOT AS A REPRESENTATIVE OR PARTICIPANT IN ANY CLASS OR COLLECTIVE LAWSUIT;
(b) YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL AND AGREEING TO BINDING ARBITRATION FOR DISPUTE RESOLUTION.
PLEASE TAKE NOTE THAT SECTION 6 OF THESE TERMS CONTAINS YOUR AGREEMENT TO RECEIVE COMMUNICATIONS FROM US BY OPTING IN.
It is crucial to carefully read these Terms of Use as they impact your legal rights. By clicking the "I Accept" button, selling items through the service, buying or offering to buy items, or using the service in any way, you are bound to comply with these Terms and any terms referred to in these Terms. If you do not agree to these Terms, you cannot use the service or make any purchases.
To learn about how we gather, use, and share personal information, please review our Privacy Policy. By providing data through the Service, you are giving your express permission for your personal data to be collected, utilized, and shared in line with the Privacy Policy.
Blockunique has the right to modify these Terms at any time as it sees fit. If changes are made, notice will be given through means such as email, the Service or updating the "Last Updated" date at the start of the Terms. By using the Service after updates, you accept the revised Terms. It is recommended that you review these Terms frequently to stay informed of any changes. If you do not agree to the updated Terms, you cannot use the Service.
2. Our Service
2.1. The Service offered by Blockunique allows users to create unique non-fungible tokens and purchase unique and non-unique fungible tokens, products, services, and benefits from sellers. This is done using the Ethereum blockchain (referred to as "Blockchain platform ") and smart contracts. To participate in the creation of tokens or purchase items, a user must link their digital wallet that supports cryptocurrency transactions through a supported bridge extension. Before making a purchase, the user must download the extension, connect, and unlock their digital wallet through the Service. Once an order is placed to create tokens or purchase an item, the extension will complete the transaction on the user's behalf.
2.2. By using our services, you acknowledge that all transactions carried out through our service are facilitated by third-party digital wallet extensions. You also agree that such transactions are subject to the terms of service and privacy policy of the relevant extension. For example, the terms of service and privacy policy for Metamask can be found at https://metamask.io/terms.html and https://metamask.io/privacy.html respectively.
3. User Representations and Warranties
3.1. You must be at least 18 years old to use the Service. By using the Service to mint, buy, sell, or list items, you agree to: Provide accurate, up-to-date information about yourself Regularly update this information if necessary Ensure the security of your digital wallet and assume the risk of unauthorized access to your digital wallet and information Notify us immediately if you suspect a security breach related to the Service.
3.2. You agree not to access or use the Services without our written permission, and not to log in or attempt to log in using unauthorized third-party applications or clients.
3.3. Blockunique may request additional information and documentation from you, either as required by a competent authority or to comply with relevant laws, regulations, or policies, including those related to anti-money laundering and countering financing of terrorism. If Blockunique suspects that your Digital Wallet or access to the Service is being used for illegal activities, false identification information has been provided, or transactions violate these Terms, the company may temporarily halt or cancel your transactions until it can review the requested information and documents. If the information and documents provided do not meet the required standards, Blockunique may decline to provide you with further access to the Service, Items, or any other products or services.
Blockunique has the right to temporarily halt or cancel your transactions if they require additional information or documents. If you do not supply accurate information and documents, Blockunique may choose to refuse providing you with any Items, Content, products, services, and access to the Service. This will be at the discretion of Blockunique and based on the review of the information and documents in accordance with applicable laws, regulations, or policies.
3.4 . When using the Service for Minting, purchasing, listing, or selling an Item, you agree to the following representations and warranties, on behalf of Blockunique, its affiliates, and their representatives: Capability: You have the necessary power and authority to enter into and fulfill your obligations under these Terms for Minting, selling, listing, or buying any Items, as applicable. Your execution, delivery, and performance of these Terms have been authorized, and no further action is required on your part. Binding Obligation: These Terms are legally binding and enforceable against you. Accurate Information: All information provided, including address and tax ID number, is accurate and complete. Neither you nor any affiliated persons are on the OFAC list or are a senior foreign political figure. No Violations: These Terms do not conflict with any legal requirements and the performance of your obligations under these Terms and the use of the Service will not conflict with any third-party rights, breach any material contract, or violate any legal requirement applicable to you. Independent Investigation: You are knowledgeable in Minting, listing, buying, or selling Items and have conducted your own investigation of the Service and these Terms. You have relied solely on your independent judgment and acknowledge that the legal requirements related to blockchain technologies and digital assets are uncertain. You irrevocably waive any reliance on statements made by Blockunique. No Pending Litigation: There is no pending legal proceeding related to your activities in Minting or other token- or digital asset- related activities. Compliance: You have not violated any applicable legal requirement for blockchain technologies, token trading, or Minting Items, and no investigation or review by any government entity is pending or threatened against you.
3.5. It's your responsibility to have all necessary equipment and software to connect to the Service. Any fees incurred for accessing the Service, such as internet or mobile fees, are also your responsibility.
4. Minting an Item
4.1. An artist or a visual arts gallery (referred to as "Artist ") may use the Service to offer photographs or other works of art (referred to as "Artist Details ") as one or more Items. However, this is subject to a separate written agreement with Blockunique (referred to as "Artist Agreement "). With the Service, users may be able to create and issue (referred to as "Mint ") an Item that comprises the Artist Details on the Blockchain Platform. By signing the Artist Agreement or purchasing an Item, you agree to comply with any terms and conditions, including licenses or payment rights, that come with the Item you want to Mint or purchase. Blockunique does not guarantee that the Items Minted on the Service will be transferable to other platforms.
4.2. An Artist, through a separate agreement with Blockunique, may use the Service to offer their photographs or visual artworks as Items. By purchasing an Item or signing the Artist Agreement, users agree to comply with any terms associated with the Item, including payment rights and licenses. Blockunique cannot guarantee that Items minted on the Service will be transferable to other platforms. The Artist may also set limits and conditions on the sale of their Items, such as the quantity that can be minted, the rights granted to the User who mints the Item or subsequent owners, and any fees for secondary sales. These terms will be displayed within the Service.
4.3. Blockunique, as the provider of the Service, is not involved in any transactions or disagreements between an Artist, their Artist Details, and any Minter or owner of an Item created from the Artist Details. The Service simply acts as a platform for these parties to interact.
5. Pricing, Fees and Payments
5.1. The prices and payment terms for all Items are specified at the time of purchase on the Service, and any payment you make is binding once you have made it. You must pay using the currency that was agreed upon at the time of purchase and cannot use any other currency, including cryptocurrency. Please note that fluctuations in the value of any currency, including cryptocurrency, will not affect or excuse your payment obligations for any purchases.
5.2. By minting an Item, you agree to be bound by the terms and conditions of any potential future Secondary Sale of that Item, including any Secondary Sale Fee. You also agree to ensure that any future buyer of the Item will comply with these terms and conditions.
5.3. Blockunique reserves the right to modify or switch payment processing services at any moment. These services may come with additional terms and conditions. The acceptance of a specific cryptocurrency as a mode of payment by Blockunique can be altered at any time based on Blockunique's sole discretion.
6. Consent to Electronic Communication
By communicating with Blockunique through email or by utilizing the Service for Minting, purchasing, listing, or selling an Item, you agree to receive electronic communications from Blockunique, such as emails or notifications on the Service or its social media accounts. These communications could contain information about your use of the Service, including transactional details. You accept that these electronic communications will fulfill any legal communication requirements, including the requirement for written communication. You are advised to retain copies of these electronic communications by printing or saving them. Blockunique has no obligation to store electronic communications for future access or use.
7. Ownership
7.1. Unless otherwise specified in writing by Blockunique, all content and materials on the Service, including but not limited to the Blockunique logo, designs, text, graphics, images, information, data, software, audio files, other files, and their arrangement (referred to collectively as "Content ") belong exclusively to Blockunique or its affiliates, licensees, or Users, as appropriate.
7.2. The Blockunique logo and any product or service names, logos, or slogans associated with Blockunique that appear on the Service are trademarks belonging to Blockunique or its affiliates. Using these trademarks, including copying or imitating them, without prior written permission is not allowed. The appearance of the Service, including all headers, graphics, icons, and scripts, is protected as the trade dress of Blockunique and cannot be copied or imitated without written permission. Other trademarks and logos mentioned on the Service belong to their respective owners and cannot be used without permission. Mentioning products, services, or information by name or trademark does not imply endorsement or recommendation by Blockunique.
8. License to Our Service and content
8.1. You are granted a limited, temporary, non-transferable, and non-sub licensable license to access and use the Service and Content for personal use only. The license is subject to these Terms and conditions, and does not allow for commercial use, distribution, modification, data mining, downloading (except for page caching), or using the Service or Content for purposes other than as intended. This license is contingent on your compliance with the Acceptable Use Policy stated in Section 12.
8.2. You are given a limited, non-transferable right to create a hyperlink in text form to the Service for non-commercial purposes, on the condition that the link does not present Blockunique, its affiliates, or their services, content, products, or services in a false, misleading, offensive, or defamatory manner, and that the linking site does not contain any offensive or illegal material. This right may be revoked at any time by Blockunique. You need written permission from Blockunique to use their logo or proprietary graphic to link to the Service or its content, and you cannot use, frame, or utilize framing techniques to encase any trademark, logo, or proprietary information belonging to Blockunique, such as images from the Service, the text content, the layout or design of a page, or any form on a page, without written consent from Blockunique.
8.3. Quantum reserves the right to alter, discontinue or change any aspect or feature of the Service at any time. This may include modifying the smart contracts as part of blockchain platform upgrades, security responses, chain migrations, or forks. Additionally, Quantum may deactivate or delete user content that it considers to be abandoned, and reclaim any items it deems as abandoned. As a result, you may lose access to the Service, your interactions, and the data stored on it.
9. User Content
The text describes a feature of the Service where users can upload and share content, referred to as "User Content". If a user decides to make their User Content available through the Service, they are granting Blockunique a comprehensive license to use, distribute, reproduce, modify, and display the User Content for the purpose of providing the Service and improving it. This license is granted worldwide and is fully paid, royalty-free, and non-exclusive, including any moral rights. The user is also granting other users of the Service a non-exclusive license to access and use their User Content, but only within the limitations set by the functionality of the Service and these terms. The user who uploads the User Content is fully responsible for ensuring that the content does not infringe on any intellectual property rights and that they have obtained all necessary licenses, consents, and permissions. They represent and warrant that they have the necessary rights and authority to grant the rights described in these terms for any User Content that they submit, post, or display through the Service. Blockunique does not take responsibility for any User Content posted through the Service and reserves the right to remove any User Content that violates these terms. However, Blockunique does not take responsibility for any User Content posted or listed via the Service.
10. Third-Party Services and Terms
10.1. The Service may contain links to other websites or applications that are owned by third parties, referred to as "Third-Party Properties " and "Third-Party Applications ". When a user clicks on these links, they are subject to the terms and conditions of the linked website or application, including its privacy policies. Blockunique does not control these Third-Party Properties and Third-Party Applications and is not responsible for their content or any products or services offered on them. Blockunique provides these links as a convenience to its users and does not endorse, approve, monitor, or make any representations about the Third-Party Properties or Third-Party Applications. The user is advised to use these links at their own risk and should be aware that the terms and policies of Blockunique no longer apply once they leave the Service. It is the responsibility of the user to review all applicable agreements and policies of any Third-Party Properties or Third-Party Applications, including their privacy and data gathering practices, before proceeding with any transactions or interactions with third-party entities.
10.2. Blockunique reserves the right to make changes to the Service at any time. This can include modifying the smart contracts as part of upgrades to the blockchain platform, security measures, chain migrations, or forks. Blockunique may also choose to deactivate or delete user content that is deemed to be abandoned and reclaim any items that it considers abandoned. As a result of these changes, you may lose access to the Service, your interactions within the Service, and any data that was stored on the Service.
11. Acceptable Use Policy
You are solely responsible for your actions and behavior while participating in the purchase or sale of items or accessing or using the Service. You agree to follow these Terms and you agree that you will not engage in any of the following activities:
11.1. Providing false or deceptive information to Blockunique.
11.2. Attempting to use another user's digital wallet without authorization from the user and Blockunique.
11.3. Creating or listing fake Items.
11.4. Pretending to be someone or something else.
11.5. Interfering with or negatively impacting other users' experiences with the Service, or damaging or overburdening the Service.
11.6. Creating or utilizing software that could harm the Service.
11.7. Reversing the engineering of any part of the Service, or trying to bypass or evade measures designed to limit access.
11.8. Attempting to bypass content-filtering techniques or accessing areas of the Service you are not authorized to access.
11.9. Using automated means not approved by Blockunique to access the Service, extract data, or otherwise modify the way the Service is rendered.
11.10. Collecting data from the Service and using it to contact individuals or entities, or using the data for direct marketing purposes.
11.11. Ignoring instructions controlling automated access to the Service.
11.12. Using the Service for illegal purposes or violating any laws.
11.13. Engaging in illegal activities through the blockchain platform, such as money laundering or terrorist financing.
11.14. Participating in manipulative or fraudulent trading activities, such as front-running, wash trading, or ramping.
11.15. Carrying out financial activities that require registration or licensing, such as trading in securities or commodities.
11.16. Participating in fundraising for a business, protocol, or platform through the Service, such as creating or buying assets that are redeemable for financial instruments, give owners rights to participate in an ICO, or entitle owners to financial rewards.
11.17. Minting an Item with the expectation of receiving a certain feature, configuration, or aspect, or with the intention of securing added value due to such features.
11.18. When creating or minting an item, you must not have the expectation of receiving a specific element, configuration, aspect, or other feature that would increase the value of the item. It is not allowed to mint an item with the intention of securing a particular feature or element, or with the expectation of receiving added or enhanced value due to said feature or element.
12. Listing Guidelines
12.1. Blockunique reserves the right to remove any listing at any time, but is not obligated to do so. The company has the discretion to permit or prohibit specific assets, listings, smart contracts, and collections on its platform. This decision is made by Blockunique using its own discretion and judgment.
12.2. Blockunique has the right to remove any listing or User Content on its platform at any time if it deems the content to be inappropriate, disruptive, or illegal. This decision is made based on the discretion of the company and is not mandatory. If any user violates the company's policies by offering an Item, listing, smart contract, or collection that falls under the prohibited category, Blockunique reserves the right to take corrective measures such as removing the asset, listing, smart contract, or collection, deleting the User Content, recouping any payments made for the Item, and permanently withholding any other payments owed to the user. Additionally, Blockunique also has the right to destroy metadata that it deems inappropriate or illegal, which is stored on its servers.
12.3. The Service prohibits any User Content that falls under the following categories, regardless of whether it is incorporated into, made available through, or related to Items, listings, smart contracts, collections, or metadata: Content that infringes on international or EU intellectual property laws. Content that promotes harmful activities such as suicide or self-harm, incites hate or violence against others, humiliates or exposes personal information about another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the EU. Content with a primary or substantial purpose in a game or application that promotes harmful activities, infringes on intellectual property laws, incites hate or violence against others, humiliates or exposes personal information about another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the EU. Content created or used primarily or substantially for the purpose of raising funds for known terrorist organizations, as listed on https://www.state.gov/foreign-terrorist-organizations/ or as determined by Blockunique in its sole discretion. Content that is obscene or age-restricted, as determined by Blockunique in its sole discretion. This includes, but is not limited to, profanity or obscene content in item names, listings, descriptions, smart contract names, and collections. Smart contracts containing obscene content may be marked as prohibited, even if the objectionable content only represents a portion of the content on the smart contract. Content that is illegally obtained, such as stolen assets, assets taken without authorization, or other assets obtained in violation of the law. Listing illegally obtained items may result in your listings being cancelled, your items being hidden, or your access to the Service being suspended. If you suspect that an asset listed on the Service was illegally obtained, you are encouraged to contact Blockunique immediately. Content that is illegal.
If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, please contact us at mail@blockunique.io to report it.
13. Copyright
Blockunique retains the absolute right to terminate access to the Service for and remove the User Content of any User who violates or infringes the rights of ours or of any third party. Without limiting the foregoing, if you believe that your intellectual property has been used on the Service in a way that constitutes infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of the location on the Service of the material that you claim is infringing; your address, telephone number and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
In the event that you come to know about the establishment, enumeration, or acquisition of any assets that goes against any of the provisions outlined in this section, we kindly request you to inform us about it by sending an email to mail@blockunique.io. This will enable us to take the necessary actions and ensure that all the terms are being adhered to. Your cooperation in this matter is greatly appreciated.
14. Investigations
If Blockunique becomes cognizant of any potential violations committed by you with regards to these Terms and Conditions, Blockunique holds the right to initiate an investigation into such violations. Based on the outcome of the investigation, if Blockunique believes that there has been any criminal activity, it reserves the right to forward the matter to the appropriate legal authorities and offer its cooperation in the matter. Blockunique is entitled, subject to the restrictions imposed by applicable laws, to reveal any information or materials related to the Service, including User Content, in its possession, in connection with your utilization of the Service. This may be done for the following purposes:
(I) to comply with the relevant laws, legal proceedings, or governmental requests; (II) to enforce these Terms; (III) to address any claims that the User Content infringes the rights of third parties; (IV) to respond to your customer service requests; or (V) to safeguard the rights, property, or personal safety of Blockunique, its Users, or the public, and all law enforcement or other government officials, as Blockunique, in its sole discretion, deems necessary or appropriate. By agreeing to these Terms, you provide your irrevocable consent to such monitoring. You acknowledge and accept that you have no expectation of privacy regarding your use of the Service, including without limitation text, voice, or video communications.
15. Releases
By agreeing to this statement, you are formally releasing and discharging Blockunique and all of its officers, employees, agents, successors, and assigns, hereinafter referred to as the "Blockunique Entities", from all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature. This includes any claims related to personal injuries, death, and property damage that have arisen or may arise in the future, directly or indirectly, from or in relation to the Service. This also covers any and all disputes that may have arisen or may arise in the future as a result of interactions with other users of the Service or any third-party properties. By signing this agreement, you are waiving and relinquishing your right to pursue any such claims against the Blockunique Entities.
16 . Assumption of Risk Related To Items
You acknowledge and accept that:
16.1. The prices of digital assets are highly variable and can fluctuate dramatically. This means that changes in the price of other digital assets can have a significant and negative impact on the Items, which may also experience their own price volatility. It is important to note that Blockunique and any other associated entities cannot guarantee that anyone who purchases Items will not incur a loss.
16.2. It is your sole responsibility to determine any applicable taxes for your transactions related to the Items. Blockunique and any other associated entities are not responsible for determining taxes that may apply to these transactions.
16.3. The existence and transfer of Items is only possible through the ownership records maintained on the blockchain supporting the Items.
16.4. There are several risks associated with using digital currencies and digital assets, such as the risk of hardware and software failure, the risk of malicious software being introduced, and the risk of unauthorized third-party access to your information.
16.5. The regulatory environment for blockchain technology, cryptocurrencies, and tokens is constantly evolving, and new regulations or policies may have a significant negative impact on the development of the Service and the usefulness of the Items.
16.6. When it comes to purchasing user-generated Content, there are additional risks to consider, including the possibility of purchasing counterfeit assets, mislabeled assets, assets that are susceptible to metadata decay, assets with smart contract bugs, and assets that may become untransferable.
16.7. Blockunique reserves the right to hide collections, contracts, and assets that they suspect may violate the terms outlined in these Terms. This means that Items you purchase may become inaccessible on the Service, but under no circumstances should this serve as a reason to file a claim against Blockunique.
16.8. Blockunique does not take responsibility for any Items that are minted, sold, bought, or traded on the Service. They do not investigate and cannot guarantee the authenticity, originality, uniqueness, marketability, legality, or value of any Item created or traded on the Service. Additionally, Blockunique will not be held responsible for any failure of any User to comply with any terms regarding the authenticity, originality, uniqueness, scarcity, or other description or characteristics of the Item or Artist Details that is furnished by or on behalf of the User and displayed by Blockunique on the Service.
17 . Indemnification
You are required, to the greatest extent permitted by applicable law, to agree to compensate, protect and
absolve
Blockunique and the entities related to Blockunique from any and all actual or alleged third-party claims,
damages, awards, losses, liabilities, penalties, fees, expenses (including, but not limited to, legal fees and
expenses) and costs (including, but not limited to, court costs, settlement costs, and insurance-related
costs),
of all kinds, that may arise from or be related to these Terms or your use of the Service. This includes any
claims that are known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected,
in
law or equity, in tort, contract or otherwise, (collectively referred to as "Claims").
These Claims can include, but are not limited to, property damage or personal injury that result from, arise
from,
or are related to:
(a) Your use or misuse of the Service, User Content or Items, including, but not limited to, any actions or
omissions that may occur with a third party in connection with the creation, listing, buying, selling or
trading
of any Items through the Service;
(b) Any feedback you provide;
(c) Your violation of these Terms;
(d) Your violation of the rights of any third party, including another User;
(e) Any breach or non-performance of any agreement or commitment made by you;
(f) Your User Content or the creation, listing, buying, selling, or trading of any Items; or
(g) Any off-chain benefits (including the provision or failure to provide, or any actions or omissions by
or
attributed to you or any third party in relation to the same).
You are obligated to promptly inform Blockunique of any third-party Claims and to cooperate with the entities
related to Blockunique in defending such Claims. You also agree that the entities related to Blockunique shall
have control over the defense or settlement of any third-party Claims.
Please note that this indemnification is in addition to, and not in place of, any other indemnifications
specified
in a separate written agreement between you and Blockunique.
18 . Disclaimers
18.1. The service provided by Blockunique, along with the content and items listed therein, is offered to users "as is" and "as available" without any guarantees or warranties, either express or implied. Blockunique (and its suppliers) do not guarantee that the service will meet your requirements, be available without interruption, timely, secure, or error-free, or be accurate, reliable, complete, legal, or safe. Blockunique disavows all other warranties or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement in relation to the service or any content contained therein. Blockunique does not guarantee that the content on the service is accurate, complete, reliable, current, or error-free. Blockunique will not be held responsible for any loss or damage resulting from any action taken or reliance on material or information contained on the service. Although Blockunique makes every effort to ensure the safety of accessing and using the service and its content, Blockunique cannot guarantee that the service, content, or any items listed on the service or servers are free of viruses or other harmful components. Blockunique cannot guarantee the security of any information disclosed online and users accept the inherent security risks of providing information and conducting transactions over the internet. Blockunique will not be held responsible for any security breaches unless it is due to their gross negligence.
18.2. Blockunique will not be held responsible or liable for any losses you incur as a result of using the service. Blockunique takes no responsibility for, and will not be liable to you for, any use of items that results in losses, damages, or claims. This includes but is not limited to losses, damages, or claims that arise from user error such as forgotten passwords, incorrect transactions, or mistyped addresses, server failure or data loss, corrupted digital wallet files, unauthorized access to applications, or any unauthorized third-party activities such as the use of viruses, phishing, brute-forcing or other means of attack against the service or items.
18.3. Items are intangible digital assets that exist only through the ownership record kept in the blockchain network. Any transfer of title that might occur in a unique digital asset takes place on the decentralized ledger within the blockchain platform. Blockunique, or any of its entities, do not guarantee that they are able to effect the transfer of title or right in any items. Additionally, Blockunique cannot guarantee that any item will have inherent value or that you will be able to sell or resell any item purchased through the service.
18.4. Blockunique assumes no responsibility for any losses or harm that you may sustain as a result of vulnerabilities or any kind of failure in the software, such as a smart contract, blockchains, or any other features of or inherent to the items. Additionally, Blockunique is not liable for any consequences resulting from a delay or failure on the part of developers or representatives to report any issues with any blockchain supporting items, including but not limited to forks, technical node issues, or any other problems that lead to losses of any kind.
18.5. In accordance with the laws applicable to your jurisdiction, neither party shall be exempt or relieved of liability for instances of fraud, death or injury caused as a result of negligence, or any other actions that are prohibited under the law and cannot be limited or excluded. However, it is important to note that some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above mentioned exclusion may not be applicable to you.
19 . Limitation of Liability
19.1. Blockunique shall not be held liable for any loss of profits or any indirect, incidental, special, exemplary, consequential, or punitive damages arising from the use of its services, the purchase or sale of Items, or any damages related to the loss of revenue, profits, business, anticipated savings, use, goodwill, or data. This includes damages resulting from tort (including negligence), breach of contract, or any other cause, even if foreseeable, and even if Blockunique has been advised of the possibility of such damages. The use of the service is at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile device, or loss of data that may result. However, it is noted that the exclusion of liability may not apply to you if the jurisdiction you reside in does not allow the exclusion of implied warranties in contracts with consumers.
19.2. In no event shall Blockunique’s aggregate liability arising from or in any way related to the use of its services, content, or any Items minted, purchased, or sold through the service exceed the greater of $100 or the amount paid to Blockunique by you in the transaction or incident that is the subject of the claim.
20 . Dispute Resolution
Please read carefully the following arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with Blockunique and limits the manner in which you can seek relief from us.
20.1. You and Blockunique agree that any dispute, claim, or request for relief relating to your access or use of the Services, any products sold or distributed through the Services, or any aspect of your relationship with Blockunique, will be resolved through binding arbitration instead of going to court. However, there are exceptions to this agreement. If your claims qualify, you may assert them or seek relief in small claims court. Additionally, both you and Blockunique have the option to seek equitable relief in court for any infringement or misuse of intellectual property rights, such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents. This arbitration agreement applies to all disputes or claims and requests for relief that arose or were asserted before the effective date of this agreement or any previous versions of this agreement, without any limitations.
20.2. The European Arbitration Act governs the interpretation and enforcement of this arbitration agreement. To initiate arbitration, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at Mail@Blockunique.io. The arbitration will be conducted by a recognized provider of alternative dispute resolution,. You may choose to have the arbitration conducted by telephone, on the basis of written submissions, or in person in your country of residence or other mutually agreed upon location. Any judgment on the arbitrator's award may be rendered by any court of competent jurisdiction.
20.3. Within the framework of European Union) law, a lawsuit before the Court of Justice or the General Court may be based on an arbitration clause contained in a public or private contract concluded by the EU or on its behalf, which (in deviation from the provisions of general law, according to which the courts of the EU Member States are competent for disputes arising from such contracts) expressly provides for the jurisdiction of a court belonging to the Court of Justice of the European Union. Thus, the Court of Justice of the European Union is competent, pursuant to Article 272 of the Treaty on the Functioning of the European Union (TFEU), for decisions based on an arbitration clause contained in a public or private contract concluded by the EU or on its behalf.
20.4. The Court of Justice, pursuant to Article 273 TFEU, has jurisdiction over any dispute relating to the subject matter of the EU Treaties between Member States, if it is brought before it under an arbitration agreement. In cases where there is no jurisdiction of the European Union courts (pursuant to Article 274 TFEU) based on the Treaties, disputes in which the EU is a party are not excluded from the jurisdiction of the national courts. Article 340(1) TFEU states that the contractual liability of the EU is determined by the law applicable to the relevant contract.
20.5. The arbitrator shall possess sole authority to (a) establish the scope and enforceability of this Arbitration Agreement and (b) address any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including but not limited to any assertion that all or part of this Arbitration Agreement is void or voidable. The arbitrator will determine the rights and liabilities, if any, of both you and Blockunique. The arbitration proceeding will not be merged with other matters or joined with other cases or parties. The arbitrator shall have the power to grant motions disposing of all or a portion of any claim. The arbitrator has the authority to award monetary damages and provide any non-monetary remedy or relief available to an individual under the applicable law, the rules of the arbitral forum, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision that details the essential findings and conclusions upon which the award is based, including the calculation of any damages awarded. The arbitrator maintains the same authority to grant relief on an individual basis as a judge in a court of law would possess. The arbitrator's award is final and binding on both you and Blockunique.
20.6. All disagreements, claims, and demands for relief within the scope of this Arbitration Agreement must be arbitrated individually and not on a class or collective basis; only individual relief is available, and claims from more than one customer or user cannot be arbitrated or combined with those of any other customer or user. If a decision is rendered stating that the applicable law prevents the enforcement of any limitations within this section for a specific dispute, claim, or request for relief, then such aspect must be separated from the arbitration and brought to the State Court located in the State of Berlin. All other disputes, claims, or demands for relief shall be subject to arbitration.
20.6. A request to initiate proceedings based on an arbitration clause, which can only be submitted by the contracting parties (as third parties cannot sue before the EU courts based on such a clause), must be accompanied by a copy of the relevant contract (Article 78(3) of the Rules of Procedure of the Court). If the arbitration clause does not provide for any restriction in this regard, the court called upon as the contract court has extensive powers to examine all aspects of the dispute presented by the parties in factual and legal terms and, if necessary, to order all necessary measures requested by the parties.
We maintain the right, at our sole discretion, to alter, pause, or cease the Service, or any features or components thereof, temporarily or permanently, at any time and without prior notice to you. These Terms, as well as your access to and usage of the Service, are governed by and construed and enforced following the laws of Germany, without considering any conflict of law rules or principles that would necessitate the application of the laws of another jurisdiction. disagreement between the parties that is not subject to arbitration or cannot be resolved in small claims court shall be settled in the state court of Berlin, Germany. Despite anything stated in these Terms, we maintain the right, without notice and at our sole discretion, to terminate your ability to access or use the Service for any or no reason at any time, and you acknowledge and agree that we will have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts you have already paid to us, to the fullest extent allowed by applicable law. If any term, clause, or provision of these Terms is deemed invalid or unenforceable, that term, clause, or provision will be severable from these Terms and will not impact the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms. Your relationship with Blockunique is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Blockunique's prior written consent. Blockunique's failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise stated herein, these Terms are intended solely for the benefit of Blockunique and you and are not intended to confer third-party beneficiary rights upon any other person or entity.
