Last Updated: May 10, 2018
BitPainting is a distributed application that runs on the Ethereum network, using specially-developed smART™ contracts (each, a “smART™ contract”) to enable users to own, transfer, and create unique artworks, which can then be visualized on a website (the “Site”) or mobile application (the “App”) that the user can interact with. The smART™ contracts, the Site and the App are collectively referred to in these Terms as the “BitPainting Platform”. Using the BitPainting Platform, users can employ our smART™ contracts to both acquire and sell artworks via our dutch auction system. Users can also create unique editions from their artworks and gift their artworks to others. Lastly, users can view and interact with their artworks on the BitPainting Platform.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE BITPAINTING PLATFORM, THE SITE, THE APP, OR THE smART™ CONTRACTS. THESE TERMS GOVERN YOUR USE OF THE BITPAINTING PLATFORM, THE SITE, THE APP, AND THE smART™ CONTRACTS, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE BITPAINTING PLATFORM, THE SITE, THE APP, AND THE smART™ CONTRACTS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE BITPAINTING PLATFORM, THE SITE, THE APP, THE smART™ CONTRACTS OR ANY PART OF THEM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE BITPAINTING PLATFORM, THE SITE, THE APP, OR THE smART™ CONTRACTS AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE BITPAINTING PLATFORM, THE SITE, THE APP, OR THE smART™ CONTRACTS.
A. We have utilized smART™ contracts to develop our original artworks (“Originals”). We will release a certain number of Originals (and make them available for purchase) on the day we first launch the BitPainting Platform. We will then release additional Originals once per day, and we will make each newly-released Original available for purchase via a dutch auction. Our smART™ contracts enforce unique hard limits that are clearly specified on the details page for each artwork.
B. As collectors create editions from their artworks, new 1st, 2nd and 3rd editions will come into existence! New editions will be created based on a combination of the edition and speed structures associated with a particular artwork, and the edition creation strategy employed by our collectors. The smART™ Contracts have total control over the elements of our edition creation process, which means that we cannot manipulate or influence them.
C. How you choose to create editions is entirely up to you. You may choose to not create any editions, thereby potentially increasing the scarcity of your artwork, or you may choose to create as many editions as are allowed by your artwork’s smART™ Contract, maximizing the number of works that you can potentially sell, gift or otherwise interact with.
A. To most easily use the BitPainting Platform, you must first install either the Google Chrome, Mozilla Firefox, or other Ethereum-compatible web browser. Once you have installed Chrome, you will need to install a browser extension called MetaMask. MetaMask is an electronic wallet, which allows you to purchase (either directly via Coinbase if you are in the United States, or via other third party sites), store, and engage in transactions using Ethereum cryptocurrency. You will not be able to engage in any transactions on the BitPainting Platform other than through your BitPainting user account that is connected to your MetaMask wallet.
B. Transactions that take place on the BitPainting Platform are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the BitPainting Platform.
C. We neither own nor control MetaMask, Coinbase, Google Chrome, Mozilla Firefox, the Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the BitPainting Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
D. You must provide accurate and complete registration information when you create an account for the BitPainting Platform. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and your MetaMask wallet (and other Ethereum wallets and accounts). If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at email@example.com.
A. If you elect to purchase, sell, or gift artworks on the BitPainting Platform, or with or from other users via the BitPainting Platform, any financial transactions that you engage in will be conducted solely through the Ethereum network via MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the BitPainting Platform, or using the smART™ contracts, or any other transactions that you conduct via the Ethereum network or MetaMask.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the BitPainting Platform.
C. In addition to the Gas Fee, each time you utilize a smART™ contract to conduct a sell transaction with another user via the BitPainting Platform, you authorize us to collect a commission of 4% of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Ethereum network as part of your payment.
D. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the BitPainting Platform (including, without limitation, any Taxes that may become payable as the result of your ownership, or transfer of any of your artworks on the BitPainting Platform, including editions that you may create, or resulting from any referral fees that you may receive. Except for income taxes levied on Revolution Blockchain LLC, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
A. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the BitPainting Platform, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the BitPainting Platform but not including any art that is otherwise in the public domain), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the BitPainting Platform (collectively, the “BitPainting Materials”) are owned by Revolution Blockchain LLC, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All BitPainting Materials are the copyrighted property of Revolution Blockchain LLC or its licensors, and all trademarks, service marks, and trade names contained in the BitPainting Materials are proprietary to Revolution Blockchain LLC or its licensors. Except as expressly set forth herein, your use of the BitPainting Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the BitPainting Platform. We reserve all rights in and to the BitPainting Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that your “purchase” of an artwork, whether via the BitPainting Platform or otherwise, does not give you any rights or licenses in or to the BitPainting Materials (including, without limitation, our copyright, or, as applicable, our licensors’ copyright in and to the art and drawings associated with that artwork) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the BitPainting Materials (including, without limitation, our copyright, or, as applicable, our licensors’ copyright, in and to the art and drawings associated with that artwork) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion.
B. You may choose to submit comments, bug reports, ideas or other feedback about the BitPainting Platform, including without limitation about how to improve the BitPainting Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
C. You agree that you are responsible for your own conduct while accessing or using the BitPainting Platform, and for any consequences thereof. You agree to use the BitPainting Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the BitPainting Platform any content that infringes the intellectual proprietary rights of any party; (v) use the BitPainting Platform to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the BitPainting Platform; (viii) exploit the BitPainting Platform for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the BitPainting Platform; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the BitPainting Platform or any part of it; (xi) reformat or frame any portion of the BitPainting Platform; (xii) display any content on the BitPainting Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the BitPainting Platform or the content posted on the BitPainting Platform, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the BitPainting Platform for the purpose of creating a product or service that is competitive with any of our products or services.
You may terminate these Terms at any time by canceling your account on the BitPainting Platform by emailing firstname.lastname@example.org and discontinuing your access to and use of the BitPainting Platform. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the BitPainting Platform. You agree that any suspension or termination of your access to the BitPainting Platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the BitPainting Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the BitPainting Platform or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Irrespective of the above, you understand and acknowledge that any transaction conducted via the BitPainting Platform’s supporting blockchain in the Ethereum network shall be indelibly recorded and publicly available in the Ethereum Network. Sections 2.C and 3 through 16 will survive the termination or expiration of these Terms for any reason.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE BITPAINTING PLATFORM IS AT YOUR SOLE RISK, AND THAT THE BITPAINTING PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY smART™ CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE BITPAINTING PLATFORM WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE BITPAINTING PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE BITPAINTING PLATFORM WILL BE ACCURATE, (III) THE BITPAINTING PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE BITPAINTING PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE BITPAINTING PLATFORM WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE BITPAINTING PLATFORM, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.
D. ARTWORKS ON THE BITPAINTING PLATFORM ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
E. REVOLUTION BLOCKCHAIN IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE BITPAINTING PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE BITPAINTING PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE BITPAINTING PLATFORM TO YOU WITHOUT THESE LIMITATIONS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your artworks on or originated from the BitPainting Platform, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of artwork on or originated from the BitPainting Platform will not lose some or all of their money.
B. You are solely responsible for determining what, if any, taxes apply to your BitPainting Platform-related transactions. Revolution Blockchain LLC is not responsible for determining the taxes that apply to your transactions on the BitPainting Platform, the Site, the App, or the smART™ contracts.
C. The BitPainting Platform does not store, send, or receive artworks originating from the BitPainting Platform. This is because artworks originating from the BitPainting Platform exist only by virtue of the ownership record maintained on the BitPainting Platform’s supporting blockchain in the Ethereum network. Any transfer of artworks occurs within the supporting blockchain in the Ethereum network, and not on the BitPainting Platform.
D. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Revolution Blockcain LLC will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the BitPainting ecosystem, and therefore the potential utility or value of artworks originating from the BitPainting Platform.
F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the BitPainting ecosystem, and therefore the potential utility or value of artworks originating from the BitPainting Platform.
G. Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 or ERC-721 standard, including the BitPainting ecosystem.
You agree to hold harmless and indemnify Revolution Blockchain LLC and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the BitPainting Platform, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the BitPainting Platform. You agree that Revolution Blockchain LLC will have control, at its discretion, of the defense or settlement of any such claims.
The BitPainting Platform may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the BitPainting Platform and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the BitPainting Platform after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the BitPainting Platform.
We may make changes to the BitPainting Platform in order to provide you and our other users with the best possible user experience. By using the BitPainting Platform, you understand and agree that any part of the BitPainting Platform, the Site, the App, or the smART™ contracts may change at any time without any prior notice to you. We can and will add new features and alter aspects of the BitPainting Platform at any time without notice.
You affirm that you are over the age of 13, as the BitPainting Platform is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Please read this Section 15 carefully. It requires you to arbitrate disputes with Revolution Blockchain, and limits the manner in which you can seek relief from us.
All claims, controversies, breaches or disputes arising out of or in connection with these Terms, including without limitation your access or use of the BitPainting Platform, the Site, the App, or the smART™ contracts, or to any products sold or distributed through the BitPainting Platform, the Site, the App, or the smART™ contracts, will be finally resolved by arbitration according to the procedures of Colorado Mediators & Arbitrators™ |COMA. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this agreement. The arbitrator may consider the testimony and evidence presented by the parties through any or all of the following types of hearings: documentary hearing, teleconference hearing, or through a standard scheduled hearing physically-attended by the parties and legal counsel, if any. The language of the arbitration will be English. Any standard arbitration hearing that requires the parties’ physical presence shall be held in Boulder, Colorado. Each party will cover its own fees and costs associated with the arbitration proceedings. The Parties also agree that any award tendered by the arbitrator will be final and binding, and may be entered as a judgment in the United States court in and for the district within which such award was made and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award. Notwithstanding the foregoing, Revolution Blockchain LLC may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Revolution Blockchain LLC through injunctive relief and other equitable remedies without proof of monetary damages.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE BITPAINTING PLATFORM, THE SITE, THE APP, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE BITPAINTING PLATFORM,: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
These Terms constitute the entire legal agreement between you and Revolution Blockchain LLC, govern your access to and use of the BitPainting Platform, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the BitPainting Platform, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the province of Colorado, United States and the federal laws of the United States applicable therein, excluding its conflicts of law rules and principles. Subject to Section 15, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or provincial courts located in Denver, Colorado, and the parties irrevocably consent to the personal jurisdiction and venue there. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the BitPainting Platform. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.