(a) modify, download (other than page caching), reproduce, copy, or resell the Website, the Content or any portion or derivative thereof;
(b) commercially use the Website, the Content or any portion derivative thereof;
(c) enable high volume, automated, electronic processes that apply to the Website or its systems, the Content or any portion or derivative thereof;
(d) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Website or its systems, the Content or any portion or derivative thereof for any purpose;
(e) interfere or attempt to interfere with the proper working of the Website;
(f) bypass any measures used by B|L to prevent or restrict access to any portion of the Website, the Content or any portion or derivative thereof;
(g) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of B|L, FANVEST.io, or any of the Web3 projects showcased on FANVEST.io;
(h) use B|L’s name, trademarks, services marks or logos in any meta tags or any other “hidden text,” including FANVEST.io; or
(i) compile, repackage, disseminate or otherwise use data extracted from the Website.
In addition to the foregoing, no right is provided to a User for any other use of the Website, the Content or any portion or derivative thereof unless such right is expressly granted by B|L in these Conditions of Use.
3.1 Proprietary Rights. User acknowledges that the Website contains certain content (such as text, graphics, photographs, video, audio, code and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and B|L owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Website. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright or other proprietary right, without first obtaining permission of the owner of the copyright or other property right.
3.2 Third-Party Content. B|L may be a distributor and not a publisher of Content supplied by third parties and Users. B|L has no editorial control over such Content. B|L is not obligated to review third party Content. Any opinions, advice, statements, services, offers or other information that constitutes part of the Content, expressed or made available by third parties, are those of the respective authors or distributors and not of B|L, unless expressly stated otherwise. B|L makes no representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the Website represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall B|L be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice or other Content available through the Website.
(a) B|L makes no warranties, express or implied, as to any Content appearing on or accessed through the Website, or the accuracy and reliability of the Content posted on the Website or through the Website Services.
(b) B|L is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software due to technical problems or traffic congestion on the Internet or on the Website or any of the Website Services or combination thereof. Under no circumstances shall B|L be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or Website Services, or from any Content posted on or through the Website Services.
(c) THE WEBSITE AND THE WEBSITE SERVICES ARE PROVIDED BY B|L ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, B|L DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(d) WITHOUT LIMITING THE FOREGOING, B|L MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR WEBSITE SERVICES OR THE INFORMATION, CONTENT, AND MATERIALS INCLUDED THEREON; (II) THAT THE WEBSITE AND WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR WEBSITE SERVICES; OR (IV) THAT THE WEBSITE, SERVERS OR CONTENT ARE OR WILL BE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
(e) B|L DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR THE WEBSITE SERVICES. THE OPERATION OF THE WEBSITE OR WEBSITE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF B|L.
7.2 Limitation of Liability.
(a) UNDER NO CIRCUMSTANCES SHALL B|L BE LIABLE FOR ANY DAMAGES THAT RESULTS FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO B|L’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND WEBSITE SERVICES AVAILABLE THROUGH THE WEBSITE.
(b) B|L SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE WEBSITE, THE WEBSITE SERVICES OR ANY CONTENT, EVEN IF B|L HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH IS NOT INTENDED TO EXCLUDE LIABILITY THAT B|L MAY NOT EXCLUDE UNDER APPLICABLE LAW.
(c) LAWS REGARDING LIMITATIONS OF LIABILITY VARY FROM STATE TO STATE; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.
The provisions of these Conditions of Use are intended to be severable. If for any reason any provision of these Conditions of Use is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of B|L to exercise or enforce any right or provision of these Conditions of Use will not operate as a waiver of such right or provision.
10.1 Arbitration. To the greatest extent permitted by law, you and we agree that all past, present, and future disputes and claims, regardless of legal theory, that arises out of these Conditions of Use, the Website or any Website Service, or any other aspect of the relationship between you and us (including our respective past, present, and future parents, subsidiaries, and affiliates, as well as those entities’ and our officers, agents, employees, predecessors in interest, successors, and assigns) (each a “Claim”), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Before commencing an arbitration, the claimant must provide the other party with a signed Notice of Dispute including your name, email and mailing address, phone number, and a description of the basis for the claim and the specific relief sought. The claimant must give the other party 60 days to investigate the claim. Arbitration cannot be commenced until after the completion of this discussion or, if one was not timely requested, until 60 days after receipt of the Notice of Dispute. If the requirements of this paragraph are not met, a court may enjoin the filing or prosecution of arbitrations and the arbitration provider must not accept or administer the arbitration or assess fees in connection with it. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If the AAA cannot or will not administer the arbitration in accordance with this provision, another provider will be selected by agreement or by the court. The arbitrator can award any individualized relief available under applicable laws and may consider rulings in other arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers. The arbitrator may award relief (such as damages or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim.
10.2 NO CONSOLIDATION. ANY CLAIM SHALL BE ARBITRATED OR LITIGATED, AS THE CASE MAY BE, ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OF ANY OTHER PARTY WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. If a court (after exhaustion of all appeals) declares unenforceable any of these prohibitions on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief), then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.
10.3 JURY TRIAL WAIVER. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE CONDITIONS OF USE. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE CONDITIONS OF USE.
B|L may change these Conditions of Use in any manner from time to time. B|L may notify Users of any such changes by any reasonable means, including by posting revised Conditions of Use on this page. Any changes to these Conditions of Use will take effect immediately, unless otherwise provided. It is your responsibility to check or review these Conditions of Use from time to time to keep informed of changes. The “Last Updated” legend below indicates when these Conditions of Use were last changed.
IF YOU DO NOT AGREE TO ANY CHANGES, YOU SHOULD STOP USING THE WEBSITE AND WEBSITE SERVICES IMMEDIATELY. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IF YOU VISIT THE WEBSITE OR USE ANY WEBSITE SERVICES AFTER WE CHANGE THESE CONDITIONS OF USE, YOU WILL BE AGREEING TO THE CHANGES.