Bourbon-n-Blockchain Terms of Service (TOS) Agreement
The following is an effective and applicable Terms of Service (TOS) and Disclosure Policy as it relates to Bourbon-n-Blockchain Services (BnBS).
General:
The following is an effective and applicable Terms of Service (TOS) and Disclosure Policy as it relates to Bourbon-n-Blockchain Services (BnBS). These terms and conditions outline the rules and regulations for the use of BnBS (Products & Services*) which include but are not limited to its Website, Discord, Twitter, YouTube, Application, NFTs (Non Fungible Tokens), and other services. The terms and conditions also include an explanation of governance for BnBS by Club Members (Assets*), properties and other intellectual properties. BnBS provides Club Members access to a blockchain based decentralized protocol on the Polygon network that allows users to purchase BnBS NFTs. Users who purchase the NFTs will be eligible to interact with BnBS Products & Services as BnBS (Club Members*) (Users) in order to participate in claiming potential rewards. By purchasing a BnBS NFT, and using BnBS Products & Services, you knowingly and willingly agree to be bound by these Terms of Service.
Purpose / No Advice:
The following document has been created in order to clearly communicate and establish a terms of service that applies to all BnBS Products & Services, assets, and property. This document is intended to provide a brief overview of BnBS, and should be utilized for understanding the terms of service agreement. The document shall in no way provide investment, financial, legal, accounting, tax, or any other advice outside of its stated intention. By utilizing any BnBS Products & Services resources or utility, users accept these terms and conditions. If users do not agree to accept all of the terms and conditions stated within this document, users must not continue to use BnBS or its products. Users must indicate that they agree to these terms of service before continuing to utilize or interact with anything related to BnBS Products & Services.
Disclaimer:
BnBS does not provide any warranty as to the accuracy or completeness of the information and materials contained in this document.
Users acknowledge that by using BnBS Products & Services you may be subject to privacy and security exploitations, including without limitation, the ability of unauthorized persons to intercept or access information transmitted by and through our services.
Future updates: Current TOS version 1.2 10/01/22
BnBS may update or modify these Terms of Service from time to time. Be sure to check the Terms of Service when you access BnBS Products & Services. In the event BnBS makes material changes to the Terms of Service, the BnBS team will post the revised copy and the effective date at the bottom of the Terms of Service section. Any continued use of BnBS Products & Services after the date of any such changes constitutes the users acceptance and agreement to the new Terms of Service updates. Changes to the Terms of Service will be announced in the BnBS discord and website.
Use of Bourbon-n-Blockchain Products & Services:
The information contained within the BnBS Products & Services are provided on an (as-is) basis. BnBS Products & Services may become unavailable due to maintenance, malfunction of computer equipment, or other reasons. There may also be delays, omissions, or inaccuracies in the information contained on the BnBS Products & Services. The information on these platforms do not constitute any investment, financial, legal, accounting, tax, or any such professional advice.
All BnBS Products & Services are property of BnBS. Unless otherwise noted, all content and materials presented on BnBS Products & Services are the sole property of BnBS and should not be used, modified, or reproduced without the written consent of BnBS. BnBS and the proprietary logos, marks, artwork and documents included on the Products & Services are registered trademarks in the United States and other countries and may not be used without the proper written consent of BnBS. In no way shall users reproduce, transmit, copy, destroy, or communicate by any means both electronic or mechanical, information provided within the BnBS Products & Services, except that BnBS authorizes users to view, copy, download, and print documents related to the BnBS Products & Services for use of noncommercial, informational purposes, and that the documents are not modified, and that users do not remove any existing copyright, trademark, and other proprietary notices.
Any information that is provided to users by BnBS including but not limited to remarks, suggestions, ideas, graphics, artwork or any other submissions communicated to BnBS by outside organizations, or by BnBS though its Products & Services are considered exclusive property of BnBS. Information transmitted by BnBS is also subject to change.
BnBS NFT ownership and responsibilities:
All NFTs are stored on and accessible through the Polygon blockchain. As such, BnBS does not maintain the NFTs on any BnBS Products & Services, aside from the initial purchase and transfer of the NFTs to the original owner of the NFTs. BnBS has no control over the transfer, storage, ownership, or maintenance of the BnBS NFTs after the initial minting period. BnBS Club Members can view, access, interact and claim rewards from BnBS NFTs utilizing BnBS Products & Services. BnBS does not control the custody of BnBS NFTs post-minting period.
BnBS is not responsible for lost, stolen or missing NFTs. The BnBS team will do everything they can to support users, but ultimately, it is the responsibility of the NFT holder to ensure the safety and security of the BnBS NFTs.
When you connect your cryptocurrency wallet to the BnBS Products & Services using a trusted service provider such as MetaMask or WalletConnect, you accept and agree to be bound and abide by these Terms and all of the terms incorporated herein by reference. It shall be noted that the BnBS team suggests the use of cryptocurrency hardware wallets to interact, to own, store and protect BnBS NFTs.
BnBS Club Members can sell or transfer their NFT at any time. There is no expectation of commitment to BnBS.
Users of BnBS Products & Services:
All BnBS users must be 18 years of age or older to use any BnBS Products & Services, regardless of any consent from parents or guardians. By agreeing to those terms, users hereby certify and affirm that they are at least 18 years of age when agreeing to the terms of service. All BnBS users who participate in additional off chain utility involving alcohol must be 21 years of age or older, or adhere to user local rules, laws and regulations related to the purchase and consumption of alcohol. BnBS is not responsible for establishing or confirming these regulations. By agreeing to these terms, users hereby certify and affirm these terms when agreeing to the BnBS terms of service. Although rare, BnBS reserves the sole and absolute right to refuse access to BnBS Products & Services to those who violate the Terms of Service or any other conditions of this agreement, or users who are identified as bad actors that may jeopardize the BnBS protocol. Users are required to have a supported web browser to access and utilize the BnBS Products & Services. Users acknowledge and agree that BnBS may choose which web browsers are supported or not. Users also acknowledge and agree that the performance of the BnBS Products & Services are dependent on the performance of your computer equipment and internet connection.
BnBS Service Fee and Payments:
BnBS is a service protocol with a nominal service fee. (Rewards*) will be held on the BnBS application within the community rewards Smart Contract, and available for Club Members to claim. BnBS Club Members acknowledge and agree that they will be required to pay a polygon transaction fee and a monthly service fee of $1.00 per month per NFT. Failure to pay this fee will result in forfeiting rewards. These fees will be requirements for claiming rewards from BnBS Products & Services Smart Contracts. The service fee is mandatory upon collection of rewards. Club Members with NFTs that fail to comply with these terms will not earn rewards until the service fee is paid. BnBS will not refund rewards that are not claimed during the claiming period and forfeited. The BnBS service fee is collected and distributed directly to costs associated with operating and maintaining the protocol. This includes but is not limited to:
Continued purchases of physical equipment and computer hardware to run/support various assets
Power and internet costs for computer related hardware
Continued purchases of cryptocurrency hardware wallets and steel cyphers for each individual asset
Team member compensation for operating and maintaining the BnBS Discord, website, DAPP, treasury, community voting system and other project support functions.
BnBS reserves its right to verify and approve any and all transactions made by users when interacting with BnBS Products & Services to ensure that they comply with this agreement and the terms imposed to BnBS by third-party service providers. Users expressly acknowledge and agree that such verifications may require you to provide BnBS with additional personal information in order to verify and confirm user/club member identity and to perform verifications aimed to deter fraud and misuse of BnBS Products & Services, in compliance with this Privacy Policy. BnBS may suspend your account and contact you so you can provide them with additional information required to process payments. Such suspension shall not relieve you from your obligation to pay any fees owed to BnBS such as the monthly service fee.
All monies stipulated in these Terms of Service are expressed in USD and include all applicable taxes, rules and regulations.
User purchases of any BnBS items are final, non-refundable sales, except where specifically noted otherwise. Making or receiving payments on BnBS Products & Services may be delayed while BnBS validates your compliance with these Terms of Service. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of products or services. The first instance of initiating such a claim and dispute procedure will result in a 24-hour suspension of your account for use of the Service or automatic termination of your individual account and use of the Service. Any other instance of initiation of a claim and dispute procedure may result in automatic termination of your individual account and use of BnBS Products & Services. You will exclusively submit any disagreement, dispute, complaint, or query by means of BnBS Support via the bnbsclub.com website and official BnBS discord. Any other media or communication sources (including without limitation to, chat apps, email, group pages and the like) do not constitute a valid means to engage with BnBS for support. Any refunds for purchases following your instructions shall be at BnBS’s sole, unfettered, and exclusive discretion, and provided only on an exceptional basis.
BnBS User Behavior:
As a condition to use BnBS Products & Services, users agree not to: (i) Impersonate or misrepresent your affiliation with any person or entity; (ii) Access, tamper with, use any non-public areas of BnBS Products & Services or its databases and/or computer systems. (iii) attempt to probe, scan, infiltrate or test vulnerabilities related to BnBS Products & Services. (iv) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise investigate any of the software or components used by BnBS Products & Services (v) harm or threaten to harm other users or BnBS team members in any way or interfere with or attempt to interfere with the NFT of any user, access of any user, host, or network, including and without limitation to operating or sending a virus, overloading, flooding, spamming, or any other attacks on BnBS Products & Services (vi) use the BnBS Products & Services in an abusive way other than its intended use, and/or outside of the stated terms of service (vii) infringe on BnBS intellectual propert rights when using or accessing BnBS Products & Services, including without limitation to making imitation NFTs, logos, websites, or any other items (viii) make use of, promote, link, share, provide access to materials deemed inappropriate by the BnBS community, harmful to BnBS’s reputation, harmful to any teammembers or users, pornographic content, other content deemed offensive or injurious to users of the BnBS Prodcuts & Services. BnBS users conduct and interactions with team members and other users should be guided by common sense and basic etiquette. BnBS reserves the right to terminate a user's access to BnBS Products & Services which may include the forfeiture and loss of any funds and/or rewards related to BnBS. BnBS reserves the sole and unfettered discretion and right to identify and terminate a user based on the violation of these terms, and for any conduct or activity that BnBS believes is illegal, violates the terms of this agreement, or otherwise negatively affects the BnBS team, users, Products & Services or any other aspects of the protocol. BnBS reserves the right to monitor all user comments and to remove any comments which can be considered violation of these Terms and Conditions. Users acknowledge that BnBS reserves the right to investigate and respond to and/or potentially prosecute any violations of any term or provision of this agreement including and without limitation to possible infringement of any intellectual property rights and possible security breaches of BnBS Products & Services to the fullest extent of the law. BnBS may involve and cooperate with law enforcement authorities in the prosecution of users who violate certain terms of this agreement.
By accepting these terms, you waive all rights not specifically set forth herein, and agree to hold BnBS harmless from any claims resulting from any action taken by BnBS during or as a result of its investigation and subsequent response and consequence of actions taken by either BnBS or other cooperating entities.
Club Member/User Disputes:
You agree that you are solely responsible for your interactions with any other Club Member/User in connection with BnBS Products & Services, and that BnBS will have no liability or responsibility with respect thereto. BnBS reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of BnBS Products & Services.
BnBS Assets and Intellectual Property:
BnBS assets are the sole property of the BnBS organization as a whole, not individual Club Members/NFT holders. BnBS Club Members can not move, sell, claim or manipulate BnBS assets at any time. BnBS has the sole discretion to procure, sell, liquidate, transfer, modify and allocate funds and assets as it deems necessary. Nothing in this Agreement shall constitute a partnership or joint venture between users and BnBS. Nothing in this Agreement shall suggest or infer that any assets operated and managed by BnBS are shared or distributed to Users outside of the description of Club Member Rewards outlined in this TOS and the Executive Summary. All right, title, and interest in and to BnBS Products & Services are and will remain the exclusive property of BnBS and, to the extent applicable, third parties providing facilities and technology for its operation. The Site and Service are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or Service. You acknowledge and agree that, notwithstanding anything to the contrary in these Terms, you shall have no ownership or other property interest in BnBS Products & Services.
BnBS grants users the personal, non-transferable, non-exclusive, revocable, and limited right to access and use BnBS Products & Services solely for your own personal amusement and entertainment purposes as an individual consumer as well as the intended purposes described in these terms, and in the executive summary. This right to access confers no title or ownership in the Site or Service. Except as otherwise provided by this Agreement, you may not use BnBS Products & Services for any purpose other than your permitted access to BnBS Products & Services, to make personal, non-commercial use of BnBS Products & Services. Except as otherwise permitted under this Agreement, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Site or Service or any software accessed via the Products & Services without the prior written consent of BnBS. BnBS provides no guarantee or promise of income or rewards to any party that purchases, owns, or uses an NFT asset created by BnBS. At no time does BnBS relinquish any ownership rights to the company, assets, treasury, or any other property belonging to BnBS to any individual through the sale of NFT items. BnBS is not an Investment Firm, Financial institution, Brokerage, or Exchange. BnBS does not buy, sell, or trade any securities, shares, coins, tokens or any other financial instrument as a service or profit. BnBS does not function as any type of financial institution, whether traditional or non-traditional. BnBS does not host or participate in any lotteries, sweepstakes, gambling, or any other similar mediums of investment. BnBS is an NFT As a Service rewards platform, intended to create and maintain a NFT asset protocol that is dedicated to strengthen blockchain technology. This will be accomplished by operating and maintaining blockchain validator nodes and other integral support structures in the interest of contributing to the greater good of the cryptocurrency ecosystem while increasing overall reliability and functionality. BnBS develops income or yield generation through operating and maintaining these integral blockchain support structures and essential services that support critical cryptocurrency infrastructure. BnBS does not offer out any shares in the company. BnBS reserves all rights to protocol related assets, images, websites, files, documents, NFT artwork, other artwork, website content, application content, discord content, and all other items created and maintained by BnBS Products & Services.
Disclosure of Risk:
BnBS user participation involves risk to the underlying assets committed to the BnBS protocol. BnBS does not control the value of the underlying assets, tokens, or cryptocurrencies that it purchases or interacts with. The Cryptocurrency sector is a volatile and unpredictable market. By accepting this Terms of Service document, users acknowledge and agree with the risks disclosed within. Any opinions, news, research, analysis, prices, or other information contained on BnBS Products & Services are provided as general market commentary, and do not constitute investment advice. The Company shall not be responsible for any loss arising from any investment based on any recommendation, forecast or other information provided.
This disclosure is intended as a supplement to the overall Terms of Service document. This disclosure considers validator nodes, masternoding, pooling, staking, lending, mining and all other cryptocurrency income generation methods under decentralized currencies not issued by a centralized service or central bank also known as Cryptocurrencies.
Cryptocurrencies are not governed by any regulatory authority and their market is non-centralized and non-regulated. Before a user decides to utilize BnBS Products & Services, the user should conduct extensive research into cryptocurrencies. Cryptocurrency assets are not suitable for all individuals as there is considerable potential and substantial risk of losses related to cryptocurrencies, validator nodes, masternoding, lending, staking, pooling, mining, and all other cryptocurrency income generation methods. BnBS encourages users to conduct appropriate research prior to utilizing BnBS Products & Services or accepting this agreement.
BnBS accepts no responsibility for any loss or financial damage under any circumstances. When users agree to purchase a BnBS NFTs and/or continuing to use other BnBS Products & Services, they are agreeing to these Terms of Service and are effectively entering into a legally binding contract that must be read, understood, and accepted during that process. Accepting the Terms of Service provides users access to BnBS Products & Services. BnBS will not accept any liability or responsibility for any resulting losses. Each user is required to consider and assess their own financial circumstances, needs, objectives and tolerance, and conclude that procuring a BnBS NFT asset and participating in BnBS Products & Services is appropriate. By participating and accepting the Terms of Service, the user accepts and understands the risks outlined herein and agrees to accept those risks.
BnBS offers no guarantee of income or ROI (Return On Investment) to users who participate in the procurement of BnBS NFTs or participate in BnBS Products & Services. There is no guarantee of avoiding losses when participating in validator nodes, masternoding, pooling, staking, lending, mining and all other cryptocurrency income generation methods under decentralized currencies. Users have received no such guarantees from BnBS or any of its representatives. Users must be aware of the risks inherent to the above mentioned cryptocurrency income generation methods and are financially able to bear the risks associated and withstand any losses incurred.
Users are solely responsible for the privacy of any information related to BnBS Products & services, or any other information related to the purchase, ownership, or sale of NFT assets. BnBS is not responsible for any loss of information resulting in the authorized/unauthorized access to BnBS Products & Services held by a user. BnBS along with its Team Members, Directors, Officers, Agents, Employees, or any other representative do not guarantee repayment of capital or payment of income in relation to any funds used for NFT asset procurement with the company or any future income generated through the protocol and its Products & Services.
Recommendations provided by any BnBS representative are not guaranteed, and are based solely on the judgment and perspective of the individual and should be considered as such. No information or recommendations should be considered financial advice.
BnBS will operate in “good faith” when attempting to evaluate market conditions to supplement the procurement or sale of any positions or assets supported by BnBS. BnBS will utilize information believed to be reliable and accurate to make these decisions but cannot and does not guarantee the accuracy or completeness of the information. These recommendations are not guarantees and in no way promise to reduce or eliminate the risks that are inherent in the cryptocurrency markets.
Risk of Blockchain Technology and 3rd party services:
Blockchain Technology is an independent, public, peer-to-peer network and is not controlled in any way or manner by BnBS or its representatives. BnBS is not responsible for any failure, mistake, loss, error, failed transaction or security breach which could occur in Blockchain Technology or any other networks in which are being utilized or cryptocurrencies are being stored and used and any subsequent losses that may develop from these issues. BnBS makes no warranty or representation of any kind, expressed or implied, regarding the functionality or security of Blockchain technology. Blockchain technology has been proven to be susceptible to Internet Viruses, Cyber Attacks, other exploits and Security Breaches.
There is an inherent risk of 3rd party system failure which means that assets, orders, profits may be delayed, missing or lost. Users acknowledge that there are inherent risks associated with utilizing unregulated internet based cryptocurrency income generation. These risks include but are not limited to the failure of hardware, software, internet connections, malicious software or virus, unauthorized access to information or assets, cyber-attack, network failure, communication failure, errors, lost funds, failed transactions, malware, equipment failure, spoofing and any other attacks. BnBS is also vulnerable to these risks due to its Blockchain based protocol. BnBS accepts no responsibility and shall not be liable for any losses as the result of the above mentioned exploits or malicious digital crimes during the operation of BnBS Products & Services, managing its assets, or the use of BnBS Products & Services by users if they were to materialize. BnBS Products & Services will utilize Virtual Private Server (VPS) services. This will ensure optimal uptime for validator nodes requiring the use of additional technology and hardware. These 3rd party VPS services are unbiased and are not under the control in any way by BnBS. Therefore, there is a 3rd party risk of loss of treasury assets beyond the control of BnBS. These 3rd party VPS services are subject risks including but are not limited to the failure of hardware, software, internet connections, malicious software or virus, unauthorized access to information or assets, cyber-attack, network failure, communication failure, errors, lost funds, failed transactions, malware, equipment failure, spoofing and any other attacks. BnBS will evaluate these risks and take the necessary steps to avoid these pitfalls on a case by case basis. BnBS accepts no responsibility for any loss or financial damage under any circumstances related to the use of VPS services or other 3rd party services.
Regulatory compliance:
BnBS will comply with all applicable regulatory rules and regulations. In the event that future regulation requires adjustments by BnBS, such as collecting personal information from BnBS Users or other regulatory changes, BnBS will comply. While using BnBS Products & Services, users may be asked to provide certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: Email address
First name and last name
Phone number
Address, State, City, Province, ZIP/Postal code
Cookies and Usage Data
BnBS may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. BnBS will be able to utilize this information to provide a better user experience.
BnBS will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. BnBS will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods. By accepting these terms of service, Users agree that no funds provided by users to procure a BnBS NFT asset have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. Users agree to provide such information related to themselves or their business and financial affairs as it may be reasonably requested by BnBS in order to comply with the Anti-Money Laundering and Countering Finance of Terrorism Act or other legislative requirements.
Users are responsible for any fees, taxes or other costs associated with the purchase and delivery of your purchases resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body. Any separate charges or obligations you incur in your dealings with other third-party service providers are your responsibility.
Disclosure of Data:
BnBS may disclose your Personal Data in the good faith belief that such action is necessary to comply with legal obligations, to protect and defend the rights and property of BnBS, to prevent or investigate potential issues in connection with BnBS Products & Services, to protect the personal safety of users of BnBS Products & Services or the public, and to protect BnBS against legal liability.
Security of Data:
The security of your data is important to BnBS no method of transmission over the internet or method of electronic storage is 100% secure. BnBS will strive to use commercially acceptable means to protect your personal data, but cannot guarantee its absolute security.
User Data Protection Rights can be found under the General Data Protection Regulation (GDPR).
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. BnBS aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your personal data if applicable.
Additional Provision for European Users:
If you are domiciled in or have a registered office in a member state of the European Economic Area (“EEA”) that has implemented the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) in a manner that may impose disclosure, reporting or other obligations on BnBS or its affiliates, you expressly agree and acknowledge that you or any other person or entity you represent initiated the discussion, correspondence or other communications with BnBS or its affiliates or agents, and any information you received regarding any assets managed by BnBS was pursuant to your request; and none of BnBS or its affiliates or agents at any time directly or indirectly contacted you with respect to any assets managed by BnBS or its affiliates prior to such unsolicited initiation of discussions, correspondence or other communications.
Dispute Resolution:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR USER RIGHTS.
INFORMAL DISPUTE RESOLUTION: Most user concerns can be resolved by use of our BnBS “Support” feature available on all applications pages. If BnBS is unable to resolve your concerns and a dispute remains between you and BnBS, this Section explains how the parties have agreed to, and shall, resolve it.
Users and BnBS agree to make reasonable, good faith efforts to informally resolve any dispute before you initiate formal dispute resolution. You agree to send BnBS a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. Written notice to BnBS must be sent via Email to (Bourbon-n-Blockchain@protonmail.com)
FORMAL DISPUTE RESOLUTION: If BnBS and you do not resolve the claim within sixty (60) calendar days after the Notice is received, then your options for formal dispute resolution depend upon your country of residence. This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
FOR RESIDENTS OF THE UNITED STATES & OTHER JURISDICTIONS THAT ENFORCE BINDING ARBITRATION: YOU AND BnBS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND BnBS ARISING IN CONNECTION WITH OR RELATING IN ANY WAY TO THESE TERMS OR TO YOUR RELATIONSHIP WITH BnBS AS A USER OF THE SERVICE (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND WHETHER THE CLAIMS ARISE DURING OR AFTER THE TERMINATION OF THE SERVICE) WILL BE DETERMINED BY MANDATORY BINDING INDIVIDUAL (NOT CLASS, REPRESENTATIVE, OR ACTION) ARBITRATION. YOU AND BnBS FURTHER AGREE THAT THE ARBITRATOR SHALL HAVE THE EXCLUSIVE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE OR VALIDITY OF THE ARBITRATION AGREEMENT OR TO THE ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
USERS AND BnBS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER (OR IN A REPRESENTATIVE OR ACTION) IN ANY PURPORTED CLASS OR, REPRESENTATIVE, OR ACTION.
Unless both you and BNBS agree, no arbitrator or judge may allow more than one person’s claims or otherwise preside over any form of a representative or class proceeding, and the arbitrator specifically does not have the power to alter this. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Unless BnBS expressly agrees in writing to the contrary, the parties shall keep confidential all awards and orders in any arbitration pursuant to this section, as well as all materials in the arbitral proceedings created for the purpose of the arbitration and all other documents produced by another party in the arbitral proceedings not otherwise in the public domain; provided that the foregoing shall not prevent either party from making any disclosure of such to the extent that disclosure is required of a Party by a legal duty, to protect or to pursue a legal right, or to enforce or challenge an award in legal proceedings before the appropriate court or other judicial authority. You and BnBS agree that the US Federal Arbitration Act applies and governs the interpretation and enforcement of this provision, to the extent applicable.
Disclaimer of Warranty and Limitation of Liability:
To the fullest extent allowed by applicable law, BnBS makes no warranty or representation and specifically disclaims any implied warranties regarding BnBS Products & Services, including that these services will meet your requirements and expectations and that the the Products & Services will work in combination with any hardware or software provided by users or third parties, that the Products & Services will be uninterrupted, without problems or error free, or that all errors will be corrected. BnBS provides the BnBS Products & Services “as is”, “as available”, and “with all faults”. Users utilize the BnBS Products & Services at their own risk. The BnBS Products & Services may be terminated at any time by BnBS or other third parties providing facilities and technology for its ongoing operation.
To the fullest extent allowed by applicable law, in no event shall BnBS and its partners or licensors have any liability, weather based in contract, delict or tort (including negligence), or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind of for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data, or loss of any unrealized savings or expected benefit, or other financial loss arising out of or in connection with the us, performance, failure, or interruption of BnBS Products & Services, weather foreseeable or not, and even if BnBS had been advised of the possibility of such damages, and BnBS hereby disclaims all such damages to the maximum extent allowed by law. In the event that BnBS is found liable to pay a user any damages, including reimbursement of expenses like attorneys fees, BnBS total cumulative liability to the user under this agreement shall not exceed $100.00 The above limitations of liability will not be affected if any remedy provided herein shall fail its essential purpose.
Indemnification and Release:
You agree to defend, indemnify, and hold harmless BnBS, its affiliates, and its and their officers, directors, employees, and agents, from and against any Claim (as defined below) arising out of or in any way connected with your access to or use of BnBS Products & Services or the Service. “Claim” includes, without limitation, any past, present, or future actions, causes of action, demands, assertions of rights, costs, demands, expenses, injuries, judgments, losses suits, damages, and attorneys’ fees and other costs of defense, of any kind or nature whatsoever, whether in tort, contract, pursuant to statute, at law or equity or otherwise, whether direct or indirect, contingent or absolute, and whether known, foreseeable, liquidated, anticipated or suspected.
To the maximum extent permitted by law, and except as expressly provided herein, Users, on behalf of yourself and on behalf of your past, present, and future successors, predecessors, assigns, heirs, affiliates, agents, insurers, representatives, and any individual, person, organization, entity, corporation, or representative who or which acquires or succeeds to your rights and responsibilities, hereby absolutely, unconditionally, and irrevocably forever release and discharge BnBS, together with all of BnBS and its affiliates’ past, present, and future successors, predecessors, and assigns, and all of its and their shareholders, parent companies, subsidiaries, affiliates, insurers, representatives, officers, directors, and employees, from any and all Claims arising out of or in any way related to your use or inability to use the Site or the Service.
---Updates/Amendments---
Partial buyback of NFT purchases: 03/15/2023
Bourbon-n-Blockchain Services is terminating the project/company and offering its participants a partial buyback for NFTs purchased. This buyback initiative is extended to all holders who completed purchases of BnBS NFTs prior to pausing the minting process. The following is a summary of the buyback initiative and how it relates to the NFT holder’s and the Bourbon-n-Blockchain Services project. In the Terms of Service (TOS) agreement (https://bourbon-n-blockchain-services.gitbook.io/termsofservice/), under the section (Regulatory compliance)
“BnBS will comply with all applicable regulatory rules and regulations. In the event that future regulation requires adjustments by BnBS, such as collecting personal information from BnBS Users or other regulatory changes, BnBS will comply.”
In the Terms of Service (TOS) agreement, under the section (Disclaimer of Warranty and Limitation of Liability)
“BnBS provides the BnBS Products & Services “as is”, “as available”, and “with all faults”. Users utilize the BnBS Products & Services at their own risk. The BnBS Products & Services may be terminated at any time by BnBS or other third parties providing facilities and technology for its ongoing operation.”
Amendment to BnBS TOS:
It should be noted that this buyback initiative was not included in the Terms of Service (TOS) agreement that was accepted by users at the time of the NFT purchase. According to the initial Terms of Service, “By purchasing a BnBS NFT, and using BnBS Products & Services, you knowingly and willingly agree to be bound by these Terms of Service.” In order to establish the buyback initiative, this amendment has been added to the Bourbon-n-Blockchain Services Terms of Service (TOS) agreement. All Bourbon-n-Blockchain Services club members are encouraged to review the (Risk Disclosure) section of the TOS. Specific areas to highlight:
“BnBS offers no guarantee of income or ROI (Return On Investment) to users who participate in the procurement of BnBS NFTs or participate in BnBS Products & Services. There is no guarantee of avoiding losses when participating in validator nodes, masternoding, pooling, staking, lending, mining and all other cryptocurrency income generation methods under decentralized currencies.”
“BnBS along with its Team Members, Directors, Officers, Agents, Employees, or any other representative do not guarantee repayment of capital or payment of income in relation to any funds used for NFT asset procurement with the company or any future income generated through the protocol and its Products & Services.”
“Users must be aware of the risks inherent to the above mentioned cryptocurrency income generation methods and are financially able to bear the risks associated and withstand any losses incurred.”
All Bourbon-n-Blockchain Services club members are encouraged to review the (BnBS Service Fee and Payments) section of the TOS. Specific areas to highlight:
“User purchases of any BnBS items are final, non-refundable sales, except where specifically noted otherwise.”
“Any refunds for purchases following your instructions shall be at BnBS’s sole, unfettered, and exclusive discretion, and provided only on an exceptional basis.”
All Bourbon-n-Blockchain Services club members are encouraged to review the (Assets and Intellectual Property) section of the TOS. Specific areas to highlight:
“BnBS provides no guarantee or promise of income or rewards to any party that purchases, owns, or uses an NFT asset created by BnBS. At no time does BnBS relinquish any ownership rights to the company, assets, treasury, or any other property belonging to BnBS to any individual through the sale of NFT items”.
This buyback initiative will be a limited time offer to purchase previously minted NFTs. The window to accept the offer will be open for approximately 30 days from when the initial offers are made. All sales are final. Failure to accept the offer within the allotted window will result in forfeiture of funds.
Summary:
In summary, due to unforeseen circumstances that directly affected the Bourbon-n-Blockchain Services protocol, BnBS intends to waive portions of the previously agreed upon terms of service in order to provide a reasonable buyback offer to NFT holders based on the available assets claimable at the time of the offer. BnBS also reserves the right to deny a reasonable buyback offer for individuals who violate sections of the BnBS TOS, community guidelines, and discord rules and regulations. BnBS maintains sole, unfettered, and exclusive discretion regarding the terms outlined herein. Failure to accept the offer from BnBS will result in forfeiture of funds. There will be no additional buyback periods. The terms of the buyback initiative are “as is” and “as available”, are non-negotiable and final. All sales/transfers/buybacks are final, no refunds or exchanges. This statement/amendment is intended as an update for informational purposes, and does not replace the original Terms of Service and Disclosure Policy as it relates to Bourbon-n-Blockchain Services. All Terms of Service and Disclosure Policy content remains applicable.
Definitions referenced in the Terms of Service notated with an asterisk* further described or defined by BnBS:
The term “Asset” as defined by BnBS: A single or set of networks supporting blockchain technology such as Nodes, Validator Nodes, Masternodes, Lending Protocols and Staking Pools that support and/or enhance critical cryptocurrency infrastructure and alternate forms of blockchain services. The term Asset also includes BnBS treasury holdings such as individual cryptocurrency tokens to enhance, provide functionality, or play a vital role in the support of a blockchain protocol. The term “Products & Services” as defined by BnBS: include but are not limited to the BnBS Website, Discord, Twitter, YouTube, Decentralized Application, Calculators, NFTs (Non Fungible Tokens), and other services. The term “Rewards” as defined by BnBS: Rewards are defined as a collection of cryptocurrency “compensations”, “profits” or “premiums” that are collected as native tokens from BnBS supporting/hosting various blockchain technologies.
The term “User” as defined by BnBS: Any individual who purchases BnBS NFTs and utilizes BnBS Products & Services. The term “Club Members” as defined by BnBS: BnBS Club Members are defined as BnBS NFT Holders who have access to BnBS Products & Services and who satisfy the monthly service fee requirement.
-End of Terms of Service Document-
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