BLOOMX - WEBSITE TERMS AND CONDITIONS
28 MAY 2018
Access to and use of password protected and/or secure areas of the Website are restricted to certain individuals with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of the Website, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
DEFINITIONS AND INTERPRETATIONS
"Intellectual Property" means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform;
"Platform" means the platform that is to be developed by BloomX and/or its related entities, as stated on the Website;
“Prohibited Material” means any information, graphics, photographs, data and/or any other material that;
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libellous or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion;
"Services" means any related services connected to the Website; and
“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
ACCEPTANCE OF TERMS
SALE AND PURCHASE OF THE BX8 TOKENS
Instructions on the purchase of the BX8 Tokens, as well as details as to the timeline, pricing, and distribution will be posted on the Website, and updated periodically from time to time. By using the Website to purchase BX8 Tokens from us, you agree and acknowledge that you have read and understood these instructions, and that you have followed these instructions in making your purchase of the BX8 Tokens.
If necessary, we may require you to register and create an individual account including a login and password for the purposes of purchasing the BX8 Tokens. By doing so, you warrant that all information you have provided for in your account is current, complete and accurate.
You hereby expressly warrant that you are solely responsible for the use of your login and password and for everything done using your registration details, including the privacy and confidentiality of your login and password, and shall be fully and solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.
GENERAL USE AND ACCESS TO THE WEBSITE
to access and/or use the Website only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Website in good faith; and
to ensure that any information or data you provide to us via the Website is accurate and agree to take sole responsibility for such information and data.
You agree and undertake NOT to:
impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
use the Website for illegal purposes;
attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
post, promote or transmit through the Website any Prohibited Materials;
interfere with another’s utilization and enjoyment of the Website;
use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website's data or damage or interfere with the operation of another user's computer or mobile device or the Website; and/or
use the Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website.
We reserve the right, but shall not be obliged to:
monitor, screen or otherwise control any activity, content or material on Website. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
prevent or restrict access of any individual to the Website;
report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
to request any information and data from you in connection with your use of the Website at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
The Intellectual Property in and to the Website (and the Materials) are owned, licensed to and/or controlled by us and/or our licensors. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
DISCLAIMER OF WARRANTIES
Your use of the Website is at your sole risk. We disclaim all warranties of any kind, whether express or implied. Without prejudice to the foregoing, we make no warranty:
on the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Website;
that the Website will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
that the Website from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and/or
on the security of any information transmitted by you or to you through the Website, and you accept the risk that any information transmitted or received through the Website may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
We cannot and do not endorse, and cannot be responsible for, the messages, views, opinions, research and recommendations of individuals, users, and organisations of deemed interest, or advocate any patronage of any particular service provider, course of treatment or commercial dealings nor does the inclusion on the Website of a link to other website(s) or resources imply any form of endorsement by us.
We do not actively review or edit the messages, views, opinions, research and recommendations of users, even if such messages, views, opinions, research and recommendations are made by the users using the Website. While the information on the Website has been obtained from sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons. Therefore, please use the Website at your own risk.
By making available information and data pursuant on the Website, including facts, views, opinions and recommendations of individuals and organisations of deemed interest, we and our content providers are not giving or purporting to give or representing or holding themselves out as giving financial, investment, tax, legal and other professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
LIABILITY AND INDEMNITY
We shall not be liable to you for any direct, indirect, incidental, special, consequences or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
the use or the inability to use the Website;
reliance on any data or information made available through the Website. You should not act on such data or information without first independently verifying its contents;
any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and/or
any use of or access to any other website or webpage linked to the Website, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Website is entirely at your own risk and we shall not be liable therefor.