We may update these Terms from time to time. Please ensure you check the Terms each time you access or use this site. If we make material changes to the Terms, we will post the revised Terms and the revised effective date at the bottom of these Terms. Your continued use of any of the Service after the date of any such changes become effective constitutes your acceptance of the new Terms.
No one at BPM is authorized to modify the Terms with you or otherwise enter into an agreement with you that conflicts with these Terms, except by means of a written agreement signed by an authorized officer of BPM or as described above in the Terms, and any other purported modifications or alterations or conflicting terms will be null and void.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
Use of the Site
This Site, and the information which it contains, is the property of BPM and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
The information contained on this Site is provided on an “as is” basis, without any knowledge as to your specific circumstances. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons, and there may also be delays, omissions, or inaccuracies in information contained on the Site. The information on the Site does not constitute the rendering of legal, accounting, tax, or other such professional advice.
No part of the Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that BPM authorizes you to view, copy, download, and print BPM documents available on this Site, provided that you use the documents solely for noncommercial, informational purposes, that you not modify the documents, and that you not remove copyright, trademark, and other proprietary notices.
Use of the Products and Services
You must be 18 or older to buy or sell items and NFTs on the Site, regardless of any consent from your parent or guardian to use the Service. By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site
BPM further reserves the right, in its sole and absolute discretion, to refuse service and to refuse pay out requests under the terms and conditions of this Agreement if BPM has reason to believe that the funds in your account are subject to any dispute as to the ownership of such funds or the means by which you acquired such funds.
Holding Revellers NFTs and/or tokens represents an understanding and willingness to accept the risks that accompany spending money on Blockchain/Distributed Ledger Technology (DLT). These risks include, but are not limited to the following:
Policy risk: constantly changing political and regulatory trends may lead to significant price volatility.
Transaction risk: The behavior of traders on the secondary market will always have an influence on the price of Revellers NFTs and/or tokens. The secondary market for currencies that utilize Blockchain/Distributed Ledger Technology (DLT) has significant volatility which may drastically affect the value of your Revellers NFTs and/or tokens.
Technical risk: Blockchain/Distributed Ledger Technology (DLT) are a rapidly developing technological field. This dynamic environment may lead to many unforeseen technological issues, challenges, but also disruptive trends, all of which may influence the value of your Revellers NFTs and/or tokens.
Operational risk: All operations carry inherent risks on a multitude of factors, which may be caused by factors such as illness of essential stakeholders, major strategic disagreements, breakdown of essential equipment at key moments and so forth. Operational risks may always influence the success of the project and/or the value of the operations assets.
NO GUARANTEE OR PROMISES
Nothing contained on the BPM website or WhitePaper is or should be construed as a guarantee or promise that BPM will take any certain or specific actions.
Purchasers should not rely on any action or activity of BPM when deciding to make any purchase of either token or NFT.
You represent, warrant, covenant, and agree that (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, or United Arab Emirates has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including without limitation Cuba, Iran, North Korea, Sudan, or Syria; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that is subject to sanctions in any other country; or (iv) that is engaged in the design, development, or production of nuclear, biological, or chemical weapons, missiles, or unmanned aerial vehicles. You are not allowed to use the Service if we identify your IP address or address of residence or use of the Service as originating from any such country.
You further represent, warrant, covenant, and agree that (a) you will not use, trade, sell, or otherwise dispose of any item from this Site or the Service in any manner that is contrary to, or in violation of, any and all applicable national, federal, state, provincial, and local laws, statutes, regulations, rules, codes, ordinances, orders, or directives (“Applicable Laws”); (b) you have the full right and authority to use the Site and the Service and to be bound by these Terms; and (c) and you will at all times comply with Applicable Laws.
Investigation and Enforcement
You acknowledge that, although BPM has no obligation to monitor your access to or use of the Site and Service, it has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You further acknowledge that during the pendency of any investigation, BPM may revoke your access to the Site, the Service, or any funds you may have deposited or received with respect to the Service.
BY ACCEPTING THESE TERMS, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD BPM HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BPM.
DISPUTE RESOLUTION - AGREEMENT TO ARBITRATE
Dispute Resolution by Binding Arbitration; Jury Trial Waiver; Class Action Waiver.
**PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.**
INFORMAL DISPUTE RESOLUTION: Most user concerns can be resolved by use of our “Support” feature available on all applications pages. If BPM is unable to resolve your concerns and a dispute remains between you and BPM, this Section explains how the parties have agreed to, and shall resolve it.
You and BPM agree to make reasonable, good faith efforts to informally resolve any dispute before you initiate formal dispute resolution. You agree to send BPM a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought.
FORMAL DISPUTE RESOLUTION: If BPM 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.
FOR RESIDENTS OF THE UNITED STATES & OTHER JURISDICTIONS THAT ENFORCE BINDING ARBITRATION: YOU AND BPM AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND BPM ARISING IN CONNECTION WITH OR RELATING IN ANY WAY TO THESE TERMS OR TO YOUR RELATIONSHIP WITH BPM 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 BPM 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.
YOU AND BPM 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 BPM 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.
Either you or we may start arbitration proceedings. Any arbitration between you and BPM will be administered at the International Chamber of Commerce (“ICC”) International Court of Arbitration under the Rules of Arbitration of the ICC then in force (the “ICC Rules”), as modified by this Arbitration Agreement, or, if ICC no longer exists or is unable to participate, such other arbitration forum selected by BPM. The language to be used in the arbitral proceeding shall be English. For more information on the ICC, the Rules and Procedures, or the process for filing an arbitration claim, you may call the ICC in Paris, France at +33 (0) 1 49 53 28 28 or visit the ICC website at https://iccwbo.org.
Unless BPM 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 BPM agree that the US Federal Arbitration Act applies and governs the interpretation and enforcement of this provision, to the extent applicable.
The dispute will be resolved by the submission of documents without a hearing, unless a hearing is requested by a party or deemed to be necessary by the arbitrator, in which case, a party may elect to participate telephonically. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and BPM may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Nothing in this Section removes or limits BPM’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Additionally, notwithstanding this agreement to arbitrate, claims for infringement or misappropriation of the other party’s patent, copyright, trademark, trade secret or other intellectual property rights shall not be subject to arbitration under this Section.
FOR RESIDENTS OF THE EUROPEAN UNION & OTHER JURISDICTIONS THAT DO NOT ENFORCE THE BINDING ARBITRATION ABOVE: Any non-arbitrable disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Delaware, United States.
This Section will survive termination of your account. With the exception of any provision of this Section prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, any provision of this Section prohibiting arbitration on a class or collective basis is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor BPM will be entitled to arbitration.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL BE FOREVER BARRED.
BPM reserves the right to suspend or end your use of the Service at any time at its discretion and without notice.
BPM reserves the right to temporarily or permanently discontinue the Site or Service at any time.
Disclaimer of Warranty and Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BPM MAKES NO WARRANTY OR REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES REGARDING THE SITE AND SERVICE, INCLUDING THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE AND SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SITE AND SERVICE WILL BE CORRECTED. BPM PROVIDES THE SITE AND SERVICE “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOU USE THE SITE AND SERVICE AT YOUR OWN RISK, AND THE SITE AND SERVICE MAY BE TERMINATED AT ANY TIME BY BPM OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BPM AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR 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 USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF BPM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND BPM HEREBY DISCLAIMS ALL SUCH DAMAGES TO THE MAXIMUM EXTENT ALLOWED BY LAW. IN THE EVENT THAT BPM IS FOUND LIABLE TO PAY YOU ANY DAMAGES, INCLUDING REIMBURSEMENT OF EXPENSES LIKE ATTORNEYS’ FEES, BPM’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
This Agreement is the entire and exclusive agreement between BPM and you regarding the Service, and this Agreement supersedes and replaces any prior agreements or understandings between BPM and you regarding the Site and Service.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed to be severed from this Agreement and shall not affect the validity of this Agreement as a whole, which shall remain in full force and effect.
You shall not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder to any third party without the prior written consent of BPM.
THANK YOU FOR USING OUR SERVICE. PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS REGARDING OUR TERMS OF SERVICE.