The following are the terms and conditions (the “Terms”) under which you (a “User”) may use the web sites and co-branded web sites of Blockchange Enterprises LLC (the “Company”) at www.bringblockchange.com/and/or any other addresses (any or all of which are herein referred to as the “Web Site”). Please read this page carefully. By accessing and using the Web Site, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
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Madison, New Jersey 07940
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE. (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE “AGREEMENT.”) IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEB SITE.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.bringblockchange.com. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, you agree to all of the changes.
The Company may provide certain areas of the Web Site (such as chat rooms, message boards or other facilities) designated as open to public access or to our Users at large (each of which is referred to herein as a “Public Area”). Generally, any communication that you post to a Public Area is considered to be non-confidential.
THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.
Personal Data of Children
The Company will not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 18 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided us personal information, please contact us at email@example.com. The auction or commerce portions of the Web Site are available only to clients of the Company. This excludes in all cases minors (persons who have not reached their eighteenth birthday).
Links to Other Sites
The Web Site may contain links to third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/JURISDICTION.
Account Set up & Accessibility
To access the full site functionality the User may be required to sign up for an account, select a password and create a user name (“User ID”), and provide us with certain information or data, such as your contact information. The User promises to provide accurate, complete, and updated registration information. You may not transfer your account to anyone else without our prior written permission. You represent and warrant that you are an individual of legal age to form a binding contract If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organizations or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the Services in a manner that complies with all laws that apply to you. Any use by you of the Services – whether as a Donor or as an organization (each, as defined below) – including any failure to comply with the obligations, conditions and requirements set forth in these Terms must comply with all applicable laws that relate to the Donations (as defined below). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. If your use of the Services is limited or conditioned by applicable laws, then you are only authorized to use the Services if and when you fully comply with those limitations and You will not share your The Giving Block User ID, account or password with anyone, and you must protect the security of your The Giving Block User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your User ID and account conditions. The Company can’t and won’t be responsible for your using the Services in a way that breaks the law.
What Blockchange Does
Blockchange works in conjunction with our charity partners to decide on the optimal fundraising approach and the best way to tokenize their cause. In general, there are three types of Blockchange tokens, but we’re developing more every day:
- Token A: ‘Commemorative’ coin(s): an NFT minted coin that can be sold as a way to raise money for the charity and/or a specific event or moment in time (e.g., anniversary, milestone);
- Token B: Digital representations of real-world giving: NFTs that are minted to represent real-world items that donors can fund as part of specific initiatives, providing total transparency on exactly what a donor’s money is funding.
- Token C: Digital artwork / assets: NFTs minted of digital artwork or other creative assets that are donated to the charity for fundraising purposes. Note: it’s possible for the smart contract to include a royalty for the artist as well.
Blockchange mints the NFTs and makes them available on the open market. They are promoted by Blockchange and the charity to expand the universe of audiences and build excitement for the auction. Blockchange leverages gamification and other rewards to create incentives to “collect” (i.e., donate) multiple NFTs for the same charity and/or across charities. This includes gaining access to special NFTs or other benefits on the Blockchange platform. Once the NFT is purchased, it is owned by the buyer who will receive a tax deduction for their charitable contribution. The charity will receive the funds in crypto currency automatically and immediately.
The original NFT buyer now has the opportunity to enter the secondary market to “sell” the NFT to anyone else who wants to support the charity or is otherwise incentivized to buy the NFT. The magic of Blockchange is that as the NFT continues to circulate in the secondary market it generates additional donations for the charity and tax advantages to all buyers.
100% of the purchase in the primary market is a charitable contribution, meaning the first buyer receives the tax advantage. Up to 50% of the purchase in the secondary market can be a charitable contribution, meaning the next buyer receives the tax advantage and the first buyer makes money from their initial donation. This continues through all future sales of the NFT.
Our Charity Partners
Blockchange makes every effort to confirm each potential Organization is a registered nonprofit organization by confirming the tax ID number. In the US, these nonprofit organizations are tax-exempt under section 501(c)(x) of the Internal Revenue Code. For international organizations, we confirm they are the equivalent of a 501(c)(x) organization and confirm they are registered in their respective countries. Blockchange is only responsible for facilitating the Charitable Auctions of our partners and is not and will not be responsible for the use of any Donations. Although we work with the Charity to direct the auction proceeds and even Tokenize some elements of the donation we are not in control of the raised funds and therefore cannot control how the funds are allocated ultimately. Blockchange similarly is not and will not be responsible for ensuring that information (including credentials) an Organization or Donor provides is accurate or up-to-date. We don’t control the actions of any Organization or Donor.
As part of the Blockchange site experience, you may receive communications through the Services, including messages that Blockchange directs to you (for example, via email). When signing up for the Services, you will receive an introductory message and instructions on how to unsubscribe from future messages. Blockchange messages may include but are not limited to information regarding future auctions, secondary market information on Tokens that have been auctioned and information about our Charitable partners.
- The User represents, warrants, and agrees that they will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including The Giving Block);
- violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by The Giving Block;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your The Giving Block User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); copies or stores any significant portion of the Content; or decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Blockchange reserves the right to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. The Blockchange has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Third Party Links
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE GIVING BLOCK PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO THE GIVING BLOCK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), your breach of this Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.