BLOCKSEED INVESTMENTS, LLC
AFFILIATED DIGITAL PROPERTIES
Agreement between User and Blockseed Investments, LLC for use of the BSWAN application (“BSWAN”) The BSWAN mobile application and website (collectively the “BSWAN Properties”) are owned and operated by Blockseed Investments, llc (the “Company”). The BSWAN Properties offer cryptocurrency pricing indexes. Use of the BSWAN Properties is offered to you (“you” or “User”), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms" or "Agreement"). Your use of the BSWAN Properties constitutes your agreement to all such Terms. Please read this Agreement carefully.
If you choose to register for an account, you are responsible for maintaining the confidentiality of your account and password and restricting access to your mobile device and computer. You further agree to accept responsibility for all activities that occur using your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third-party access to your account that results from theft or misappropriation of your account. Company and its affiliates reserve the right to refuse or cancel service, terminate accounts, to remove or edit content at its sole discretion. Company reserves the right to disallow a username that it believes impersonates someone else, is or may be illegal, protected by trademark or other proprietary rights law, is vulgar or offensive, or for any other reason.
LINK TO THIRDS PARTY SITES
The BSWAN Properties may contain links to other websites ("Linked Sites"), including links posted by other Users. The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company or any association with its operators.
THIRD PARTY MATERIAL
Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the BSWAN Properties. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BSWAN Properties, you warrant to Company that you will not use the BSWAN Properties for any purpose that is unlawful or prohibited by these Terms. You may not use the BSWAN Properties in any manner which could damage, disable, overburden, or impair the BSWAN Properties or interfere with any other party's use and enjoyment of the BSWAN Properties. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BSWAN Properties.
You are not to submit, post, upload or grant the Company access to any information or material that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.
COMPANY CONTEST: OWNERSHIP AND LICENSE
Content is made available to Users by the Company as part of the BSWAN Properties, including but not limited to, text, documents, graphics, portfolio summaries, charts, order books, logos, images, videos, and comments, as well as the compilation thereof, and any software used on the BSWAN Properties (the "Company Content"). The Company Content is the property of the Company, its suppliers, and affiliates, or its Users, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any the Company Content and will not make any changes thereto.
Your use of the BSWAN Properties does not entitle you to make any unauthorized use of the Company Content, and in particular, you will not delete or alter any proprietary rights or attribution notices in the Company Content. You will use Company Content solely for your personal use and will make no other use of the Company Content without the express written permission of Company and the copyright owner. Subject to your compliance with these Terms, Company grants you a limited, non- exclusive, non-transferable license, without the right to sublicense, to access and view the Company Content available on the BSWAN Properties. You will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Company Content, except in the case of certain noncommercial uses permitted by intellectual property law. Except for the licenses and rights expressly granted herein, no licenses or rights are granted to you by implication or otherwise by Company or its licensors.
You retain all your ownership rights in any other content submitted to the BSWAN Properties, including but not limited to text (collectively, the “User Content”). However, by submitting User Content to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing the BSWAN Properties services to you and for Company (and its successors’ and affiliates’) business purposes, including without limitation for promoting and redistributing part or all of the BSWAN Properties, in any media formats and through any media channels. You understand and agree that Company may retain, but not display, distribute or perform, server copies of your User Content that have been removed or deleted.
You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such material for publication on the BSWAN Properties pursuant to these Terms. You further agree that material you submit to Company will not contain third party copyrighted material unless you have permission from the owner. The company will remove User Content if properly notified that such content infringes on another’s intellectual property rights. Company reserves the right to move User Content without prior notice.
USE OF COMMUNICATION SERVICES
The BSWAN Properties may allow Users with Company accounts ("Registered Users") to post comments and question on community pages and engage with coin developers and other Users indiscussions (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are related to the mission of Company or the expressed interests of other Users relating to their activities on the BSWAN Properties.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
The company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and, in its sole discretion, remove any materials without notice to the User. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload materials.
Please be advised: Although Company administers the BSWAN Properties and establishes certain terms for certain Communication Services offered through the BSWAN Properties, Company is not otherwise a party to the Communication Services or any other transactions that may take place between you and third parties. The company has no control over any claims made by third parties about the services or products they may offer, nor does Company guarantee or endorse the truth or accuracy of any representations made by third parties.
COMPANY DOES NOT PROVIDE INVESTMENT ADVICE
The Company is a portfolio management service only and does not advise Users on the merits of any particular transactions or their taxation consequences. By using the BSWAN Properties, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of any transaction and the underlying currencies involved in such transactions. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying currency. The Company gives you no warranty as to the suitability of the cryptocurrency transactions in your portfolio(s) and assumes no fiduciary duty in its relations with you. You agree that the Company is not responsible for determining whether or which taxes apply to your transactions. You further agree that you are solely responsible for reporting and paying any taxes arising from your cryptocurrency transactions listed in your portfolio(s) on the BSWAN Properties.
If at any point the Company or its representatives do provide information on cryptocurrency pricing, trading recommendations, market commentary, news updates on particular cryptocurrency coins, advertisements about new cryptocurrencies, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of due diligence on behalf of the Company or its representatives. All such information is provided to you for informational purposes only and is not intended for trading or investment purposes. The Company does not endorse or promote any particular cryptocurrency and gives no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction you may enter into based on such information. The Company shall not be responsible or liable for any trading or investment decisions you make based on such information. You are solely responsible for determining whether any investment or transaction is appropriate for you based on your own independent research, your personal investment objectives, your financial situation, and risk tolerance.
The BSWAN Properties are controlled, operated and administered by Company from its offices within the USA. If you access the BSWAN Properties from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BSWAN Properties or Company Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The Company trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the BSWAN Properties are registered and unregistered Trademarks of Company. Nothing on the BSWAN Properties should be construed as granting any license or right to use any Trademark without the prior written permission of Company.
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of or in any way connected with User Content, your use of or inability to use the BSWAN Properties, your interaction with other Users, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE BSWAN PROPERTIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BSWAN PROPERTIES AT ANY TIME.
COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIAL CONTAINED ON THE BSWAN PROPERTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS CONTAINED HEREIN, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED (A) WITH THE USE OR PERFORMANCE OF THE BSWAN PROPERTIES, (B) WITH THE DELAY OR INABILITY TO USE THE BSWAN PROPERTIES OR RELATED SERVICES, (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS OBTAINED THROUGH THE BSWAN PROPERTIES, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BSWAN PROPERTIES , OR (E) OTHERWISE ARISING OUT OF THE USE OF THE BSWAN PROPERTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BSWAN PROPERTIES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BSWAN PROPERTIES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Visiting the BSWAN Properties or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, via email (if a Registered User) and on the BSWAN Properties, satisfy any legal requirement that such communications be in writing.
MOBILE DEVICE DATA CHANGES
Each User is responsible for all mobile device usage charges (including but not limited to data and text messaging charges) that such User may incur while using the BSWAN Properties.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the BSWAN Properties. Use of the BSWAN Properties is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the BSWAN Properties. Company's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BSWAN Properties or information provided to or gathered by Company with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
SCOPE OF AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Company with respect to the BSWAN Properties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Company with respect to the BSWAN Properties. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
If a dispute arises out of or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the Company and User agree first to try in good faith to settle the dispute by non-binding mediation. For such purpose, the Company and User shall select an experienced and impartial mediator who has no business or personal relationship with either the Company and User. The Company and User shall equitably share the fees of the mediator based upon their alignment on the issues to be resolved.
If the dispute cannot be settled through mediation within thirty (30) days of commencement of mediation, the Company and User agree that the dispute shall be settled through binding, confidential arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then existing Commercial Rules (the “AAA Rules”).
• One arbiter (each arbiter, a “General Arbiter”) shall be chosen by each of the two (2) parties to the dispute and a third (the “Presiding Arbiter”) shall be chosen by the two (2) General Arbiters within fifteen
(15) days of their appointment.
• Each General Arbiter shall be appointed within sixty (60) days after the commencement of the arbitration proceeding. In the event that the two General Arbiters fail to agree upon the selection of a Presiding Arbiter within fifteen (15) days following their appointment, the Presiding Arbiter shall be appointed by the AAA in accordance with the AAA Rules.
• The “commencement of the arbitration proceeding” shall be deemed to be the date upon which the Demand for Arbitration has been delivered to the parties in accordance with this Section
It is the intent of the Company and User that, barring extraordinary circumstances, arbitration proceedings shall be concluded within one hundred eighty (180) days from the appointment of the Presiding Arbitrator. The tribunal may extend this time limit in the interests of justice, and failure to adhere to this time limit shall not constitute a basis for challenging the award.
The decision of the tribunal shall be final and binding on the Company and User and the Company and User agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitration set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The decision of the tribunal shall be rendered no later than thirty (30) days after commencement of such hearing.
The tribunal shall apply the law of the State of New York without regard to conflict of law principles. Any arbitration proceedings shall take place in New York County, State of New York.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which the BSWAN Properties and Company Content are offered. The most current version of the Terms will supersede all previous versions. The company encourages you to periodically review the Terms to stay informed of any updates.
Contact Us Blockseed Investments, llc
Email Address: support@Blockseedinvestments.com
Effective as of May 9, 2018
We use the Personal Information you provide for purposes including, but not limited to:
Allowing you to access the Services provided by the BSWAN Properties across multiple devices using your registered account information to login
Allowing you to access communication forums on the BSWAN Properties to interact with developers and other Users
Developing, offering and delivering the Services to you
Providing general customer service
Offering new services
Improving the effectiveness of the BSWAN Properties, our marketing endeavors, and our Services and offers
Conducting research and analysis
Sending marketing communications to you
Performing other business activities as needed, or as described elsewhere within this Policy
We may also obtain additional personal and non-personal information from third-party providers.
If you provide us with Personal Information about others, or if others give us your Personal Information, we may store that data and will only use that information for the specific reason it was provided. Examples include providing a friend's email address or social media account handle when sharing the BSWAN Properties link with that friend.
USAGE AND OTher INFORMATION
When you use our Services, we collect usage and other information regarding your interactions with the BSWAN Properties using cookies or other similar technology. With your consent, we also access and collect information from your mobile device related to your phonebook contacts and social media connections to enable you to share the BSWAN Properties with friends via email, text messaging, or social media posts.
We collect information that your mobile device sends whenever you visit the BSWAN Properties (“Log Data”). This Log Data may include information such as your mobile device's Internet Protocol (“IP”) address, details about how you used the BSWAN Properties, the time and date of your visit, your location, the time spent on BSWAN Properties pages and other statistics.
USES OF INFORMATION
We do not sell, rent or trade your individual Personal Information or Log Data to unrelated third parties. We may share, sell or rent aggregated data with third parties to compile usage trends and statistics, for research purposes, and for other general analysis. This aggregate user data does not contain your Personal Information, Log Data or other personally identifiable information or specific information about your BSWAN Properties portfolio.
From time to time, we may be required to share Personal Information or Log Data in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may share Personal Information or Log Data when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves. We may also transfer Personal Information or Log Data in the event of a corporate sale, merger, acquisition, dissolution or similar event.
If you send us a support email request or provide feedback on the BSWAN Properties, we reserve the right to publish such communication in order to respond to it or educate other Users about similar concerns. We will take reasonable measures to remove any Personal Information before publishing such information.
At any time, you may elect to (a) stop receiving e-mails, phone and text messages, BSWAN Properties push notifications regarding news and price alerts, and mobile marketing communications, (b) update your Personal Information, as applicable, or (c) change or revoke permissions previously granted via your mobile device settings, if available. Some or all of the Services within the BSWAN Properties may lose functionality if permissions are revoked.
We communicate with our Users through multiple channels to keep you up-to-date on promotions, offers, customer experience content and new Services. We may also communicate with our Users to solicit feedback about the BSWAN Properties. Once you provide your Personal Information, we may contact you through e-mails or text messages. We may continue to communicate with you through these channels unless you request to stop receiving these communications by opting out.
SOCIAL MEDIA PERMISSIONS
As part of the sharing functionality of the BSWAN Properties, your social media accounts may require you to grant the BSWAN Properties access to your social media accounts to post content from the BSWAN Properties to such social media accounts. For more information on what data is shared with the BSWAN Properties as a result of granting us permissions, please refer to the privacy policies of any social media accounts that you may link to the BSWAN Properties.
INFORMATION FROM CHILDREN UNDER 13
We do not knowingly collect information online from children under 13. If you are a parent or guardian and you learn that your children have provided the Company with Personal Information, please contact the Company. If the Company becomes aware that it has collected Personal Information from a child under age 13 without verification of parental consent, the Company takes steps to remove that information from Company servers.
CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
To request a copy of the information disclosure provided by Blockseed Investments, llc pursuant to Section 1798.83 of the California Civil Code, please contact email@example.com.
SECURITY OF YOUR PERSONAL INFORMATION
We use reasonable security measures to protect the confidentiality of your Personal Information under our control and appropriately limit access to it. We also avoid storing your account passwords in plain text. While we use the security measures described above along with others, we cannot ensure or warrant the security of any information you transmit to us by e-mail or text messaging, and you do so at your own risk.
As we continue to improve the services, products and the features we provide, this policy is subject to change. We will post significant changes to this Policy here and/or other formats for you to review. If we change our information practices or this Policy in such a way that your Personal Information may be used or shared in a manner not described in the Policy at the time you provided it, we will give you the opportunity to opt-out of having your information used or shared in that new manner.
Effective as of May 9, 2018