Terms Of Services
Bloxflip Terms of Service
Last Updated: 1st July 2022
Based Plate Studios LLC is the owner and operator of bloxflip.com and any affiliated websites and related mobile versions (“Bloxflip, us, our, ours, etc.”). Bloxflip is a skins betting service that allows users to play a variety of chance-based games (“Games”) using Roblox skins (“Limiteds”) and the virtual in-game currency used by players of Roblox (“Robux”). These Terms of Service are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Bloxflip (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Bloxflip, (“Materials”), and any Materials posted to or otherwise shared on Bloxflip by you, primarily through our chatroom (“Content”).
By accessing Bloxflip or using the Services, you accept and agree to our website policies, including these Terms of Service, and you certify to us that (i) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (ii) you are not a resident of Washington, (iii) you have the legal capacity to enter into and agree to these Terms of Service, (iv) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (v) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
We reserve the right to revise these Terms of Service at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Service, we will change the “Last Updated” date at the top of these Terms of Service. You agree to re-visit this page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Service, then you may presume that nothing in these Terms of Service has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Service in their entirety. You must agree to any updated Terms of Service or immediately cease use of Bloxflip. If you fail to review these Terms of Service as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.
We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling. Instead, we offer entertaining online games involving skins betting which fall outside the prohibitions imposed by state and federal gambling laws. Gambling, whether in-person or online, is not legal in all areas. If you seek information regarding any illegal activity, you must leave Bloxflip immediately and shall not attempt to use the Services. You agree not to use the Services if doing so would violate the laws of your state, province, or country. Please consult with your local authorities or legal advisors before participating in online gaming of any kind. It is your sole and absolute responsibility to comply with all applicable laws, and you assume all risk in using the Services. Nothing on Bloxflip shall be construed as legal advice on any activity relating to gambling. You assume all risk and responsibility for your use of the Services. We bear no responsibility for your use of the Services in connection with illegal gambling activities, and we do not condone illegal gambling. You understand and agree that the Services are for entertainment purposes only. We make no guarantee that the Services are legal in your jurisdiction.
1. Accounts
A. Registration
All users may create a single account on Bloxflip by signing in using their Roblox log-in credentials, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service. Acceptance of registration is subject to our sole discretion.
B. Accuracy
If you provide any false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, or if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we have the right to suspend or terminate your account and refuse any and all current or future use of Bloxflip, as well as subjecting you to criminal and civil liability. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user or any Materials posted by our users.
C. No Account Sharing
You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that we may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
D. Termination by You
You may delete your account by clicking “Delete Account” in your account settings. When you delete your account, you will forfeit all rights and interests in your account, including any Robux or Limiteds remaining in your account. You should transfer any Robux or Limiteds in your account to your Roblox account before deletion. You will not assign, transfer, sell, or share your membership to Bloxflip. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due.
E. Termination by Us
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion. If we suspend or terminate your account for cause (including a breach of these Terms of Service), you forfeit all rights and interests in your account, including any Robux or Limiteds remaining in your account. If we suspend or terminate your account for any other reason, we may, in our sole discretion, permit you to transfer any Robux or Limiteds remaining in your account to your Roblox account.
2. Grant of Rights
A. Materials
You understand that all we are selling you is access to Bloxflip and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Bloxflip or use the Services. All users may access certain public areas of Bloxflip and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Bloxflip for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Bloxflip or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access Bloxflip and use the Services and the Materials therein, as limited by your purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Bloxflip and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Materials, and you will prevent others from unauthorized access, use of, or copying of the Materials.
B. Content
We may permit you to submit Content to Bloxflip, such as your username, avatar image, and chatroom correspondence. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to Bloxflip non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to Bloxflip.
You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of Bloxflip (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Service. This license shall include the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of Bloxflip at our sole discretion. We may freely use this Content for any purpose.
Further, you grant each user of Bloxflip a worldwide, nonexclusive, royalty-free license to access, use, reproduce, display, and perform the Content through Bloxflip, as permitted through Bloxflip and under these Terms of Service, and as limited by that user’s subscriptions or additional purchases.
3. Acceptable Use Policy
A. Prohibited Uses for All Users
o laws prohibiting illegal gambling;
o intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of Content you post, share, or upload;
o laws against obscene, lewd, defamatory, or libelous speech; and
o laws protecting confidentiality, privacy rights, publicity rights, or data protection.
· fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
· fail to abide by our chat rules, including (i) advertising other websites, (ii) promoting your affiliate code, and (iii) discussing bans and mutes.
· link to Bloxflip on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
· post, upload, or share Content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) sexually explicit material.
· post, upload, or share Content that promotes or facilitates prostitution or which contributes to sex trafficking activity.
· post, upload, or share any employment ads or Content which violates anti-discrimination laws.
· post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Service, use Materials, third-party Content, or other content on the Services for any commercial use.
· impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.
· use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Service.
· engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
· engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, the Content, or links to third party websites.
· circumvent, disable, damage, or otherwise interfere with the operations of Bloxflip, any user’s enjoyment of Bloxflip, or our security-related features or features that prevent, limit, or restrict the use or copying of any Materials or Content, or features that enforce limitations on the use of Bloxflip or the Content on it, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
· reverse engineer, decompile, disassemble, or otherwise discover the source code of Bloxflip or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
· access or use any automated process (such as a robot, spider, scraper, or similar) to access Bloxflip in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
· modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.
· commercially exploit or make available the Services or the Materials therein to third parties including any action to “frame” or “mirror” Bloxflip.
· take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
· attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Engaging in any Prohibited Use will be considered a breach of these Terms of Service and may result in immediate suspension or termination of the user’s account and access to Bloxflip or the platform without notice, including forfeiture of any Robux and Limiteds, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of earnings, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Service and certain international, foreign, and domestic laws.
B. Reporting Violative Materials or Activities
If you are aware of any Materials on Bloxflip or any user engaging in activities that violate these Terms of Service, please email support[at]bloxflip[dot]com and provide as much detail as possible, including a description of the objectionable Materials or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable Materials or investigate the activities, and a statement certifying the accuracy of the information you provided to us.
C. Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Bloxflip receiving a subpoena, discovery request, production order, search warrant, or court order that causes Bloxflip to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
4. Billing and Payments
A. Robux
You understand and agree that Robux have no cash value and are for entertainment purposes only. Unused Robux are not eligible for any full or partial refunds. Robux may be deleted from inactive or terminated accounts. We may offer you the opportunity to purchase differing amounts of Robux for differing prices. The price of Robux is displayed on Bloxflip, and you may only purchase Robux for the currently displayed price. We reserve the right to charge additional fees for access to Bloxflip or any other feature or service of Bloxflip, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from Bloxflip.You will not transfer, attempt to transfer, or offer to transfer the Robux won of Bloxflip for cash, cash equivalent, or any thing of value on any third-party platform.
You agree to pay any and all fees or account charges related to any fees, charges, purchases, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.
B. Free Robux
From time to time, free Robux may be offered to users that engage in certain activities, such as participating in our affiliate program, completing surveys, mining crypto, using a coupon code, or participating in a Rain giveaway. All requirements for obtaining free Robux are prominently displayed on Bloxflip. We reserve the right to add, remove, or change the methods and requirements necessary to obtain free Robux at any time, for any reason, without prior notice to you. All previous methods of obtaining free Robux are unavailable once removed from Bloxflip.
C. Tipping
You may send Robux to another user by typing “.tip <USERNAME> <AMOUNT>” in the chat with the other user’s username in the place of “<USERNAME>”, and with the amount of Robux you would like to give away to that other user in the place of “<AMOUNT>”. We reserve the right to limit the amount of Robux that may be tipped at any given time, the amount of tips that may be made within a certain time frame, or to place any other limitation on tipping as we may deem appropriate or necessary in our sole discretion, at any time, for any reason, without notice to you. If you type this in the chatroom, you will transfer the entered amount of Robux to the entered user.
We reserve the right to rescind any Robux transferred to your account through the tipping feature by a user who obtained those Robux through fraud, conduct violations, technical errors, or hacking.
D. Rain
From time to time, we may allow you to distribute Robux to other users of Bloxflip, if you operate an account that (i) is at least twenty-four (24) hours old, (ii) has wagered at least fifty (50) Robux, (iii) has made at least one (1) deposit in the last twelve (12) hours, and (iv) has more than five hundred (500) Robux. To distribute Robux to other users of Bloxflip, type “.rain <AMOUNT>” in the chatroom, with the amount of Robux you would like to give away in the place of “<AMOUNT>”. If you type this in the chatroom, you will forfeit that amount of Robux.
If a Rain event is active, you may join the Rain event for a chance to obtain free Robux by clicking the “JOIN” button prominently displayed on Bloxflip and meet all other requirements. To transfer a gifted Rain balance to your Roblox account, you must have wagered at least four (4) times the amount of Robux attempting to be transferred.
We reserve the right to add, remove, or change the methods and requirements necessary to participate in a Rain event at any time, for any reason, without prior notice to you. All previous methods and requirements of Rain events are unavailable and void once removed from Bloxflip.
We reserve the right to rescind any Robux transferred to your account through the rain feature by a user who obtained those Robux through fraud, conduct violations, technical errors, or hacking.
E. Depositing Robux
To deposit Robux from Bloxflip, you must have one (1) active place/game in your Roblox account, and your account must have been part of the Group for at least two (2) weeks. To deposit Robux on Bloxflip, you must click on the green plus button prominently displayed on Bloxflip, enter an amount of at least ten (10) Robux, and complete the transaction. Successful deposits will be indicated by a small green notification at the bottom of your screen. From time to time, we may offer a variety of methods of depositing Robux on Bloxflip, including:
· Ro.Market: extracts Robux directly from your Roblox account.
· Limiteds’ Marketplace: liquidating Limiteds for Robux
· Coinbase: exchanging crypto for Robux
· Credit Card: purchasing Robux using Visa or Mastercard
The price associated with any liquidated Limiteds or the exchange rate associated with any crypto will be prominently displayed on Bloxflip at the time of liquidation or exchange. In some instances, we may allow you, in our sole and absolute discretion, to cancel a liquidation or exchange by sliding the slide on the scale back to zero (0) on the GUI. You understand and agree that certain additional requirements for extraction, liquidation, or exchange may be imposed by the third-party providers of such services, and that such services may take up to twenty-four (24) hours to succeed. We have no control over such third-party services.
We reserve the right to add, remove, or change the methods and requirements necessary to deposit Robux at any time, for any reason, without prior notice to you. All previous methods of depositing Robux are unavailable once removed from Bloxflip.
F. Limiteds
You may choose to exchange your Robux for Limiteds on Bloxflip. You understand and agree that Limiteds have no cash value and are for entertainment purposes only. The available Limiteds and the exchange rate for such Limiteds is prominently displayed on Bloxflip. We reserve the right to change the available Limiteds and the exchange rate for such Limiteds at any time, for any reason, without notice to you. All previous offers are unavailable once removed from Bloxflip. Purchased Limiteds are not eligible for any full or partial refunds. Limiteds may be deleted from inactive or terminated accounts. You will not transfer, attempt to transfer, or offer to transfer the Limiteds won of Bloxflip for cash, cash equivalent, or any thing of value on any third-party platform.
G. Transferring Robux and Limiteds
To transfer Robux or Limiteds from Bloxflip to your Roblox account, you must have one (1) active place/game in your Roblox account, and your account must have been part of the Group for at least two (2) weeks. To transfer Robux or Limiteds from Bloxflip to your Roblox account, you must click the transfer button prominently displayed on Bloxflip, select the Limiteds or an amount of at least ten (10) Robux to be transferred, and complete the transaction. Successful transfers will be indicated by a small green notification at the bottom of your screen. In some instances, we may allow you, in our sole and absolute discretion, to cancel a transfer by sliding the slide on the scale back to zero (0) on the GUI. We reserve the right to limit the number of active transfers any user may make at any given time. You understand and agree that it may take up to seven (7) days for your transfer to pend through your Roblox account. Further, you understand and agree that Roblox may charge you, and you will pay, a thirty percent (30%) transfer fee.
You are responsible for providing accurate Roblox account information identifying where transfer will be sent. You must own or control the Roblox account associated with your transfer, and you agree to provide us with such information as we may request to confirm your ownership or control. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these Terms of Service against any Robux or Limiteds that we owe to you under these Terms of Service. We may prohibit you from transferring Robux or Limiteds from your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer prohibitions include fraud, conduct violations, technical errors, and hacking.
H. Taxes
You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination of these Terms of Service.
I. Cryptocurrency
We may permit you to pay for the Services using one or more cryptocurrencies, such as Bitcoin. Acceptance of such payment method is in our sole discretion and may be of limited duration. Any payment in cryptocurrency is irreversible. Refunds of cryptocurrency payments are at our sole discretion, and, if allowed, may take the form of cryptocurrency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may apply to cryptocurrency transactions. By paying for the Services in cryptocurrency, you acknowledge that the value of cryptocurrencies is highly volatile and that there is a substantial risk of loss associated with using cryptocurrencies. You consent to the risk that the value of cryptocurrencies may be influenced by activity outside Bloxflip’s control, including fluctuating public interest in cryptocurrencies, potential regulation of cryptocurrencies, and risks associated with hardware, software, or Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. Bloxflip does not represent, guarantee, or warrant the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigations into the value of any purchase of sale on the Services.
J. Third-Party Payment Processing
K. Changes to Your Billing Information
L. Chargebacks
If you make a purchase on Bloxflip that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a charge back. We reserve the right to withhold any Robux generated from transactions that result in a chargeback.
M. Changes to Our Billing Methods
We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a charge back.
O. Billing Errors
If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Service.
P. Fraudulent Use of Credit Cards
We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
5. Rules of the Games
From time to time, we may offer certain Games on Bloxflip. We reserve the right to add, remove, or change the Games and the rules of the Games at any time, for any reason, without prior notice to you. The current rules of each game are prominently displayed on Bloxflip. All previous Games and associated rules are unavailable once removed from Bloxflip.
6. Affiliate Program
A. Participation and Termination
By participating in the Program, you accept and agree to comply with this section. We may terminate your participation in the Program for any reason or no reason, in our sole and absolute discretion. If you violate any provision of this section, you will forfeit all right to any unpaid and future affiliate commissions.
B. Commission for Affiliates
We may allow you to participate in our affiliate program (“Program”) to provide marketing services in exchange for a commission for each new user that join Bloxflip. We will provide participants (“Affiliate(s)”) with a personalized affiliate link (“Link”), and we will provide you with five percent (5%) of the house edge from all new users that join Bloxflip. We may alter this rate from time to time in our discretion without notice and without penalty to us. Any changes to our Affiliate commission rate will only be applied to new users sent to us after the publication of the change. You agree that you will periodically check the Affiliate Program page, and your continued participation in the Program manifests your assent to any changes in the rates.
In most cases, we will issue earned commissions to your account in Robux. Alternatively, in some cases in our sole and absolute discretion, we may issue earned commissions in cryptocurrency to the wallet address linked on your affiliate account or in U.S. dollars to your selected payment method. In all cases, we will only issue earned commission, less any processing fees based on your payment selection or otherwise associated with your account, if you have met the minimum payout threshold. We may deduct from your commissions an amount equal to any commission resulting in a refund or chargeback related to a purchase through your Link or any commission resulting from fraud, other illegal activity, technical error, or as required by law. No commissions will be paid on transactions that are in violation of this section or any other provision of these Terms of Service. We may temporarily withhold any commissions if we reasonably believe a violation of these Terms of Service has occurred until such time as an investigation can be conducted and a determination can be made. You shall forfeit any and all earnings on Bloxflip if, due to inaccurate, incomplete, or outdated wallet address or account information provided by you, we are unable to issue a disbursement to you within six (6) months of the sale related to those earnings.
C. Channel Materials
You may market, advertise, and promote Bloxflip by sharing the Link on your website, web page, blog, forum, third-party social media accounts, and any other media outlet or online account owned or operated by you that is ordinarily used to advertise online services (“Channels”). You shall be solely responsible for all content, materials, and other information thereupon, including the Link (“Channel Materials”). You represent and warrant that you own or operate the Channels, and that the Channel Materials do not infringe upon or violate any applicable law, rule, or regulation, including intellectual property and publicity rights. We shall have no obligations with respect to the Channel Materials, including but not limited to, any duty to review or monitor any such Channel Materials. You agree to indemnify us for any claims, charges, debts, allegations, or lawsuits arising out of any Channel Materials or other information appearing on the Channels.
D. Grant of Rights
We grant you a limited, revocable, non-exclusive right to use our trademarks and service marks (“Marks”) and the Link on the Channels for the purposes of your participation in this Program. You agree that the Marks are and shall remain our property, and that nothing in these Terms of Service conveys to you any right of ownership in the Marks. You will not now nor in the future contest the validity of the Marks. You will not take any action that would impair or diminish the value of, or the goodwill associated with, the Marks, including using the Marks in a manner that disparages or portrays Bloxflip or our products or services in a false, competitively adverse, or poor light. Your use of the Marks shall inure to our benefit. You will not register or use any domain name or account on any third-party website that contains or is confusingly similar to any Mark belonging to us, and you agree that, if you do, you will immediately disable the offending domain name or account on any third-party website upon our demand and at your expense, or that, if you fail to immediately do so, you will reimburse us for all fees incurred in order to enforce these obligations, including attorneys’ fees and costs associated with any resulting legal action.
E. Code of Conduct for Affiliates
We reserve the right to terminate your participation in the Program at any time and for any reason or no reason, in our sole and absolute discretion. Reasons for refusal or acceptance or termination of participation may include violation of this Code of Conduct for Affiliates, or the other provisions of this Section.
You must fully comply with state or federal consumer protection statutes, regulations, rules, policies, or advisory opinions. You will notify us of any inquiries or concerns made, accusing you of or investigating you for any activities related to the Affiliates that are questionable, illegal, or otherwise violate these Terms of Service.
You will not:
· Use deceptive, unlawful, or unfair promotional tactics or devices, such as manipulating search engine results, or otherwise engaging in activity that is false, misleading, infringing, manipulative, or deceptive in order to drive traffic through the Link.
· Use any meta-tags, key words, pay-per-click advertising campaigns, or other marketing tactics that would imply or suggest that underage or other illegal content may be found on the Channels or Bloxflip, or otherwise market Bloxflip to pedophiles or those seeking illegal content.
· Transmit or distribute the Link to any minors or any unwilling adults.
· Solicit or permit a minor to become a user of Bloxflip.
· Use any form of unlawful email promotion to promote the Link.
· Violate the policies of any third-party website while sharing the Link.
· Engage in any activities that, in our sole discretion, are harmful to the image, goodwill, or reputation of Bloxflip.
· Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
F. FTC Guidelines
At all times, you will comply with all FTC guidelines related to affiliate and/or “influencer” marketing, including the Disclosures 101 for Social Media Influencers, and you will comply with the following:
· The Channel Materials must be truthful and shall not be misleading.
· You must actually use Bloxflip before participating in the Program.
· You must post a clear and conspicuous disclosure on all Channel Materials which include the Link or otherwise promote or advertise Bloxflip. This disclosure must be:
o close to the claims to which they relate,
o if text, in an easy-to-read font and color that stands out from the background,
o if video, on screen long enough to be noticed, read, and understood,
o if audio, read at an easily understandable cadence,
o if commissions are earned, a statement that “I get commissions for purchases made through links in this post” or something similar,
o if above average results were obtained from use of Bloxflip, a statement that “I made $X a month, even though the average Creator only earns $X per month” or something similar, and
o if you have a connection to Bloxflip that your followers would not expect, such as an employment or familial relationship, a statement that “I work for Bloxflip” or something similar.
G. Access to the Channels
During your participation in the Program, you agree to provide us with the means necessary to monitor the source of traffic you send to Bloxflip, although we undertake no obligation to do so. To that end, and solely for that purpose, if the Channels have any method of access restrictions in place, you agree to send us valid access credentials to any password-protected area of the Channels within twenty-four (24) hours of receiving a request for such access by us. You agree that we shall not be charged or incur any expense from you for such access.
7. Dispute Resolution and Damages
A. Governing Law and Venue
These Terms of Service and all matters arising out of, or otherwise relating to, these Terms of Service shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms of Service agree that all actions or proceedings arising in connection with these Terms of Service or any services or business interactions between the Parties that may be subject to these Terms of Service shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Service in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms of Service. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
B. Arbitration
If you have a dispute with Bloxflip arising out of or otherwise relating to any transfers, winnings, or losses, you shall meet with Bloxflip and negotiate in good faith to attempt to resolve the dispute. If you and Bloxflip are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. The arbitration award may be enforced in any jurisdiction, under applicable law. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
C. Waivers
You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.
D. Rights to Injunctive Relief
You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Service, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
E. Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual damages themselves. You agree that you will pay these fees and costs.
8. Disclaimers
A. We Disclaim All Warranties
We provide access to Bloxflip and use of the Services “as is” and “with all faults.” We make no warranty that Bloxflip or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Bloxflip or use of the Services will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Bloxflip at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Bloxflip or any transaction entered into through Bloxflip. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.
B. Use at Your Own Risk
You expressly agree that access to Bloxflip and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Bloxflip or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Bloxflip, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Bloxflip is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
C. Parental Controls Notice
You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on Bloxflip from being displayed or accessed by your children or wards.
D. Fraud and Scam Warning
While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on Bloxflip. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy to solicit funds from or to send funds to any other user. You expressly understand and agree that if any other user that you are in communication with on Bloxflip requests funds from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.
E. No Responsibility for User-Generated Materials
We expressly disclaim all liability for any user-generated content in the Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content in the Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user’s access for uploading Materials that violate these Terms of Service, at any time, for any reason, with or without prior notice. If we choose to monitor Bloxflip at any time, we assume (i) no responsibility for the Materials, (ii) no obligation to modify or remove any inappropriate Materials, and (iii) no responsibility for the conduct of the user submitting those Materials.
F. Third-Party Links
Bloxflip may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on Bloxflip and any content, advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the terms and conditions of those third parties, not by these Terms of Service or our other policies. We reserve the right to terminate any link at any time.
G. Violations of Law
Access to Bloxflip and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Bloxflip and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
9. Indemnification
10. Limitation of Liability
You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims or activities relating to the use of Bloxflip including claims relating to the following:
Illegal gambling, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, revenge porn law violations, any financial loss not due to the fault of Bloxflip, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Bloxflip, unavailability of Bloxflip, its functions and any other technical failure that may result in inaccessibility of Bloxflip, or any claim based on vicarious liability for torts committed by individuals met on or through Bloxflip, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Bloxflip, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
· Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
· Personal injury or property damage of any nature resulting from your access to and use of Bloxflip.
· Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.
· Any interruption or cessation of transmission to or from Bloxflip and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Bloxflip.
· Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Bloxflip by any third party.
· Any incompatibility between Bloxflip and your other services, hardware, or software.
· Any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of Bloxflip to mark certain content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.
11. Intellectual Property
A. Trademarks
Bloxflip is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Bloxflip may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Bloxflip.
B. Copyrights
Except for Materials posted by our users, the Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Bloxflip, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights.
12. General
A. Entire Agreement
These Terms of Service and any other legal notice or agreement published by us on Bloxflip, forms the entire agreement between you and us concerning your use of Bloxflip. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Bloxflip. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
B. Policies of Our Service Providers
You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.
C. Assignment and Delegation
We may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
D. Severability
If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
E. Cumulative Remedies
All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
F. Successors and Assigns
These Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service.
G. Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
H. Notices
Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on Bloxflip, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at support[at]bloxflip[dot]com unless otherwise specified in these Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
I. Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Bloxflip may be read by the agents and operators of Bloxflip, regardless of whether they are the intended recipients of such messages.
J. Authorization and Permission to Send Emails to You
You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices, and that such communications may not be suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
K. Consideration
We allow you to access and use Bloxflip, the Services, and the Materials, as limited by your purchase of certain paid features and upgrades, in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Bloxflip.
L. Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through Bloxflip. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
M. English Language
We have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding.
N. Export Control
You understand and acknowledge that the software elements of the Materials on Bloxflip may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
O. No Agency Relationship
Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
P. Usages
In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:
· References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
· In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
· References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
· “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
· “Including” means “including, but not limited to.”
Q. No Waiver
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Service.
R. Headings
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service.
S. Other Jurisdictions/Foreign Law
We make no representation that Bloxflip, the Services, or any of the Materials are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access Bloxflip and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that that Bloxflip is subject to the laws of any nation besides Cyprus.
T. Service Not Available in Some Areas
[nothing more follows]
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