Term of Services

Your access to and use of our Services are governed by these Terms and all applicable laws. By accessing or using any part of the Services, you agree to these Terms without limitation or qualification. If you do not agree with all these Terms, you may not use any portion of the Services. If an individual accesses the Services on behalf of a business entity, such individual represents that they have the legal capacity and authority to bind such business entity to the terms and conditions contained in this document. The term β€œyou” refers to both the business entity and the individual accessing the Service on behalf of such business entity.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

Accessibility: If you encounter any difficulty accessing these Terms or the Services, please contact us at info@xblast.app.

Service Overview

Service Overview

  • This Service enables users to provide digital assets ("Issuers") and users to collect digital assets by completing tasks assigned by Issuers ("Collectors"). Issuers and Collectors are collectively referred to as "Users".

  • Between xBlast v2 and Users, all digital assets provided or acquired do not hold any cash value.

  • xBlast v2 does not operate as a crypto wallet provider, exchange, broker, financial institution, or creditor. We offer infrastructure for web3 services to record shared experiences as digital, point-in-time records on blockchains. By utilizing the infrastructure we provide and maintain, you acknowledge and grant permission for xBlast v2 to manage the provision and transfer of the digital assets through our smart contract on your behalf.

  • You acknowledge that xBlast v2 is not responsible for transactions between Issuers and Collectors and is not a participant in any transactions among Issuers, Collectors, and any third parties, nor is xBlast v2 responsible for the collection or payment of any taxes that might be applicable to such transactions.

  • xBlast v2 is not intended as, and does not provide, any investment or financial advice whatsoever. Like any financial or investment decisions, you should conduct your own research and due diligence investigation to properly evaluate the benefits and risks of any investment or financial transaction. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels, and investment advisors regarding any investment or financial transaction.

Issuers

If you use the Service as an Issuer, you are solely responsible for all information, content, and other materials you utilize in connection with the Service ("Issuer Content"). The Issuer represents and warrants that it shall not provide, transmit, link to, or otherwise use any Issuer Content or provide digital assets in connection with anything that: (i) is defamatory, libelous, slanderous, or obscene; (ii) violates, conflicts with, or infringes upon any third-party intellectual property rights, including rights of publicity, privacy, copyright, trademark, trade secret, or moral rights; (iii) is threatening, harassing, or that promotes racism, bigotry, or hatred of any kind against any group or individual; (iv) promotes or encourages violence or destruction of property; (v) is deceptive, inaccurate, false, or misleading; or (vi) violates, or promotes the violation of, any law, rule, or regulation. The Issuer hereby grants xBlast v2 a non-exclusive, worldwide, royalty-free right and license to display, transmit, and otherwise use Issuer Content in connection with the Service. Issuer Content may not be modified after it is minted.

Collectors

If you are a Collector, you may only use the Service for your personal and non-commercial use. Any other use of the Service requires our prior written consent. You must be at least 13 years old and of legal age in your jurisdiction to use the Services.

You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Service. Furthermore, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with or disrupt the Service or any other user's use of the Service, including, without limitation, via means of overloading, "flooding", "mailbombing", or "crashing" the Service, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Service within another service. You may not resell use of, or access to, the Service to any third party without our prior written consent.

Prohibited Use

You may not use the Services to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive, and xBlast v2 reserves the right to update or amend such list in its sole discretion at any time, with or without notice to you. By becoming a Service User, you agree that you will not use the Services to do or undertake any of the following, as determined by xBlast v2 in its sole discretion:

β€’ Abusive Activity: Actions which: (i) impose an unreasonable or disproportionately large load on our infrastructure or detrimentally interfere with, intercept, or expropriate any system, data, or information; (ii) transmit or upload any material to the Services that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; (iii) attempt to gain unauthorized access to the Services, other digital wallets not belonging to you, computer systems, or networks connected to the Services, through password mining or any other means; (iv) use the account of any third party to access or use the Services, except in the case of applications which are specifically authorized by a third party to access such third party’s digital wallet and information; or (v) transfer your access or rights to use the Services to a third party, unless by operation of law or with the express permission of xBlast v2.

β€’ Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any of the countries, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity.

β€’ Abuse Other Users: Interfere with another individual's access to or use of the Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal or other rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others; or harvest or otherwise collect information from the Services about others, including without limitation email addresses and/or public or private digital wallet keys, without proper consent.

β€’ Fraud: Activity which operates to defraud xBlast v2, any xBlast v2 user(s), or any other person, or provide any false, inaccurate, or misleading information to xBlast v2.

β€’ Copyright Violations: Activity which intentionally infringes upon another’s copyright or other intellectual rights protections, including unauthorized copying or performing of copyrighted works available on the Services.

β€’ Misleading Statements on Investments: Activity that promotes, markets, or in any other way communicates the message of any content on xBlast v2 being an investment.

Platform Misuse

xBlast v2 reserves the authority to nullify or "burn" any digital assets issued in contravention of these Terms, Privacy Policy, or any other applicable laws. xBlast v2 also reserves the right to prohibit users who violate these terms from accessing the platform. Users acknowledge that if xBlast v2 imposes a ban for any of the aforementioned reasons, xBlast v2 shall not be liable for any compensation.

Ownership Rights

xBlast v2 holds ownership of or has obtained licenses to utilize all components of the Service, encompassing all textual content, software, graphics, designs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Certain materials on the Service belong to third parties who have authorized xBlast v2 to display the materials, such as certain third-party licensors. By utilizing the Services, you agree not to replicate, distribute, alter, or create derivative works of any materials without prior written consent from the owner of such materials. Except as explicitly outlined in these Terms, no license is granted to you, and no rights are conferred upon you by accessing or using the Services. All rights not granted under these Terms are reserved by xBlast v2.

By becoming a Service User, you agree: (a) to provide accurate, current, and complete information about yourself; (b) to maintain and promptly update your information as necessary from time to time; (c) to notify us immediately if you discover or suspect any security breaches related to the Services; and (d) that you are fully responsible for all activity on the Services that occurs under your email and password combination. We may, at our discretion, decline to allow you to become a Service User, limit the number of User Accounts or digital wallets you may associate with the Services, or suspend or terminate any User Account, including access to our Services.

You also agree not to:

β€’ Utilize the Services under a different account if we have disabled access for you under an account, unless you have our written permission beforehand;

β€’ Sell, rent, or lease access to your account or digital wallet related to your account to any third party, unless you have our written permission beforehand; or

β€’ Access the Services through any unauthorized third-party application(s) or client(s), or disclose or share your User Account information such as your wallet private key with any other individual.

No Guarantees

ALTHOUGH XBLAST V2 ENDEAVORS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICES, EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THESE TERMS OR ON THE SERVICES, NEITHER xBlast v2 NOR ISSUERS NOR THEIR RESPECTIVE AFFILIATES MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND NEITHER xBlast v2 NOR ISSUERS NOR THEIR RESPECTIVE AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES. FURTHERMORE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, xBlast v2, EACH ISSUER, AND EACH OF THEIR RESPECTIVE AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER xBlast v2 NOR ISSUERS NOR THEIR RESPECTIVE AFFILIATES WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER xBlast v2 NOR ISSUERS NOR THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

UNDER NO CIRCUMSTANCES WILL xBlast v2 BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT, OR OTHER CONSEQUENTIAL DAMAGES. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL xBlast v2 BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO xBlast v2 FOR THE SERVICES IN THE TWO MONTHS PRECEDING THE CLAIM OR $10 (USD).

IN NO EVENT WILL ISSUERS BE LIABLE TO COLLECTORS UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT, OR OTHER CONSEQUENTIAL DAMAGES. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ISSUERS BE LIABLE TO COLLECTORS FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES PAID BY A COLLECTOR TO AN ISSUER OR $10 (USD).

You agree to indemnify, defend, and hold harmless xBlast v2, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, and representatives from and against any and all claims, demands, liabilities, costs, or expenses, including attorney's fees and costs, arising from, or related to: (i) your use of the Services; (ii) if you are an Issuer, your Issuer Content; (iii) any breach by you of any of these Terms; and (iv) any violation by you of applicable law.

Severability

If any portion of these Terms is determined to be invalid or unenforceable for any reason by any court or arbitration center of competent jurisdiction, such provision shall be deemed ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be altered and interpreted so as to best achieve the objectives of such unenforceable or invalid provision within the confines of applicable law or applicable court decisions.

Waiver; Remedies

The failure of xBlast v2 to partially or fully exercise any rights with respect to your breach of these Terms shall not prevent a subsequent exercise of such right by xBlast v2 or be construed as a waiver of xBlast v2. The rights and remedies of xBlast v2 under these Terms and any other applicable agreement between you and xBlast v2 shall be cumulative, and the exercise of any such right or remedy shall not limit xBlast v2's right to exercise any other right or remedy.

Applicable Law; Dispute Resolution; Arbitration

Any dispute, claim, or controversy ("Claims") relating in any way to this Agreement, your access to the Site, use of the Services, or to any aspect of your relationship with xBlast v2 shall be resolved by binding arbitration as provided, rather than in court.

You and xBlast v2 both agree to engage in good-faith efforts to resolve disputes prior to either party initiating arbitration. You must initiate this dispute resolution process by sending an email to us at info@xblast.app. If you and xBlast v2 cannot reach an agreement on any Claims through prior negotiation, such disputes may be submitted to the Singapore International Arbitration Centre ("SIAC") and settled in accordance with the laws of Singapore.

Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the laws to be invalid or unenforceable, then such specific part or parts shall be of no force and effect, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with xBlast v2.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: via email at info@xblast.app with the subject line LEGAL OPT-OUT. The notice must be sent within 30 days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, the Services provided to you by xBlast v2 shall terminate immediately.

Privacy Policy

Use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages you send to the Service may be intercepted or read by others.

Questions

If you have any questions regarding these Terms, you may contact us at: info@xblast.app.

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