Last Update: June 28, 2023
1. Terms
Welcome to the BLKMRKT mobile application (the “App”) and website (the “Site”, and together with the App, the “Platform”). These Terms of Use (“Terms”) govern your use of the Platform and the products and services that are offered through the Platform (the “Services”).
BLKMRKT may also provide certain products and services which are governed by separate terms.
These Terms are entered into between you and BLKMT, Inc. (“BLKMRKT” or “we”), 10 East 39 th Street, 12 th Floor, New York, NY 10016
By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. BLKMRKT may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Platform. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
SECTION 12 “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. If you are a user in the European Economic Area (“EEA”), or any other country that does not allow such arbitration agreements, Section 12 does not apply to you.
If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that BLKMRKT has no obligation to, and will not, reimburse or refund you due to involuntary suspension or termination of your account.
2. Privacy
Your privacy is important to us. To better protect your privacy, we provide a policy explaining our online information practices and the choices you can make about the way your information is collected and used at this site. To review this notice, which forms part of these Terms of Use, please go here: Privacy Policy.
3. Use of the Services
3.1 Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings - use the Services and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Drop policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
3.2 Your Interactions with Other People
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other users and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release BLKMRKT (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.3 Eligibility and Account Registration
If you want to use certain Services, you will have to create an account with us (an “Account”), and you will also need access to a supported mobile phone and an Internet connection.
You agree that you won’t disclose your Account password to anyone, and you will notify us immediately of any unauthorized use of your Account. BLKMRKT takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.
3.4 Account Suspension or Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account.
You may terminate your Account at any time by sending us an email at [email protected] . Upon termination of any Services or your Account, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.
3.5 Who May Use Our Services
Children are not allowed to use the Services. A “Child” is a person (a) under 13 years old (for residents outside of the EEA); or (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA).
Purchases made through the Services are limited to Account holders who either (a) are at least the age needed to consent to a contract in their country of residence; or (b) if younger, have the consent of a Parent to use the Service.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BLKMRKT DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A MINOR WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR MINOR TO REGISTER FOR THE PLATFORM AND/OR THE SERVICES, YOU HEREBY AGREE TO THE TERMS RELATING TO USE OF THE PLATOFRM AND/OR SERVICES BY YOUR MINOR.
4. Limited License to Use
Subject to your compliance with these Terms, BLKMRKT grants you a limited, nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. BLKMRKT reserves all rights in and to the App not expressly granted to you under these Terms.
5. Content and Content Rights
Subject to your compliance with these Terms, BLKMRKT grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of a Service provides to be made available through Services.
5.1 Content Ownership
BLKMRKT does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, BLKMRKT and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
5.2 Rights Granted by You
By making any User Content available through the Services you grant to BLKMRKT a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow BLKMRKT to benefit freely from the above rights, including but not limited to:
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by BLKMRKT on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against BLKMRKT or any third party designated by BLKMRKT.
5.3 NFTs and Digital Collectables
Subject to the terms of Section 9 of these Terms, and any applicable additional terms and conditions, certain BLKMRKT brand partners may make digital collectables like nonfungible tokens (“NFTs”) available to Account holders as part of a Drop or other promotional activity. Account holders can only receive NFTs by using a compatible non-custodial digital wallet (“Digital Wallet”). If you don’t have a Digital Wallet, BLKMRKT may provide links to where you can obtain one. Your use of the Digital Wallet will at all times be subject to the terms and conditions of the applicable Digital Wallet provider. BLKMRKT is not an NFT trading platform and therefore no NFTs can be bought, sold, stored and/or traded thought the Platform as a part of the Services. Your further use of NFTs obtained through a BLKMRKT brand partner is at your own risk.
5.4 Feedback
You can submit feedback, comments, and suggestions for improvements to the Services (“Feedback”) by reaching out to us at [email address]. Feedback is a form of User Content.
5.6 Intellectual Property Policy
BLKMRKT respects intellectual property rights and expects its users to do the same. It is BLKMRKT’s policy to remove content that infringes on a third party’s intellectual property rights, and BLKMRKT reserves the right to terminate Accounts that engage in repeat infringement. BLKMRKT complies with the Digital Millennium Copyright Act (DMCA) and will respond to a valid claim of copyright infringement in accordance with the DMCA process.
If you believe that any content appearing on the Platform infringes your copyright rights, please forward the following information in writing to the Copyright Agent at the address and/or email address listed below:
(a) your name, address, telephone number, and email address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been
authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person
authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is
accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent [RA2] c/o BLKMRKT, 10 East 39 th Street, 12 th Floor, New York, NY 10016, USA, and [email protected] .
BLKMRKT seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
6. Conduct, General Prohibitions, and BLKMRKT’s Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
Although BLKMRKT is not obligated to monitor access to or use of the Platform, the Services and/or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. BLKMRKT may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE PLATFORM, IS A BREACH OF BLKMRKT’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
7. Drops
7.1 Participation in Drops
The term “Drop(s)” means any in-person or virtual event, sale, gathering, activity or the like which is directly organized, hosted, or managed by a BLKMRKT brand partner, including, without limitation, any Promotion (as defined below). By registering for or otherwise participating in a Drop you represent and warrant that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you have all necessary rights and consents to register and provide this information for others.
Reasonably acceptable proof of identity, for example a driver’s license or passport, showing the same first and last name as those provided at time of prior registration, may be required to participate in certain Drops. You agree to abide by any published restrictions, and orders exceeding or violating these restrictions are subject to cancellation without notice or refund. Drops may have limited space and/or availability and BLKMRKT does not guarantee your ability to participate in a Drop.
Unless otherwise prohibited under applicable law, by participating in a Drop you acknowledge that BLKMRKT will use your data collected pursuant to its Privacy Policy for providing Drop features (both in person and online), including contacting you and giving you updates about the Drop, or providing emergency or severe weather notifications.
7.2 Drop Conduct and Policies
You shall at all times comply with all applicable laws and any rules and policies provided by BLKMRKT or any other authorized party involved in creating or delivering a Drop, including all health and safety policies and procedures and all reasonable instructions of the venue staff and BLKMRKT brand partner representatives at any real world portion of a Drop.
Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Drops. You agree and consent to reasonable security precautions and search on entry. To the fullest extent permitted by applicable law, you waive and release BLKMRKT and any other party involved in creating or delivering the Drop from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such security precautions and/or searches. If you elect not to consent to such security precautions and searches, you may be denied entry, or removed from, participation in a Drop without refund or other compensation.
BLKMRKT and its authorized third parties reserve the right to refuse admission to, or to remove from participation in a Drop without refund or compensation of any kind, any person that (a) does not comply with these Terms, (b) engages in disorderly conduct or willful misconduct,(c) engages in harassing, threatening, abusive or otherwise inappropriate behavior towards BLKMRKT, any of its brand partners, and their respective employees, any staff or other Drop participants, or (d) BLKMRKT or its authorized third parties believe will cause a negative effect on the Drop.
7.3 Assumption of Risks
Unless prohibited by applicable law, you agree that by participating in a Drop, you willingly, knowingly, and voluntarily assume any and all risks occurring before, during or after the Drop, including physical injury involving, without limitation, scrapes, bruises, cuts, broken bones, and even more serious injuries, such as paralysis or death, as well as the risk of emotional injury and property damage. These risks may arise out of, without limitation:
(a) reliance on geo-location data accuracy and availability;
(b) inaccurate or incomplete directions provided by the App;
(c) potential exposure to unfamiliar areas, traffic and other hazards;
(d) physical and emotional safety while traveling to and from the designated locations; and
(d) physical and emotional safety while participating in any Drop offered through the Platform or Services.
You agree to take reasonable precautions before attending or participating in a Drop and its activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the location(s) where a Drop is being held, including all facilities, equipment and areas to be used, and that by participating in the Drop, you acknowledge the Drop location, grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Drop.
With full understanding and awareness of the risks involved, and to the fullest extent permitted by law, you hereby release, discharge, and hold harmless BLMRKT, any participating brand partners, and their respective officers, directors, employees, agents, affiliates, and successors, and all other persons or entities acting in any capacity on their behalf (collectively “Releasees”) from and against any and all claims, actions, causes of action, assessments, losses, damages, suits, judgments, costs, expenses and/or other liability (including, without limitation, reasonable attorney’s fees and expenses incurred by reason thereof) arising from or relating to your use of the Platform, the Services, the sale of any products offered by brand partners, and/or your participation in any Drop. This Release extends to claims arising from the acts, omissions, negligence, or misconduct (but not including willful misconduct) of the Releasees.
7.4 Drop Features and Cancellation
Subject to applicable law, all schedules and any live or in-App experiences, activities, goods, services, perks, items, rewards, NFTs, and/or Content (collectively “Drop Features”) advertised in connection with a Drop are not guaranteed and are subject to change and/or cancellation at any time prior to or during the Drop without notice or compensation of any kind. Participation in a Drop does not guarantee any specific Drop Features.
Drop date, time and/or location are subject to change at any time, and BLKMRKT will make a commercially reasonable effort to notify you in advance of any material changes. If a Drop is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation from BLKMRKT or any other party. Any travel or accommodation costs incurred are entirely your responsibility.
7.5 Recordings and Use of Likeness
You consent to and approve of BLKMRKT’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Drops and the royalty free use of this information subject to the same “Rights Granted by You” above. BLKMRKT may publish pictures of Drop participants in promotional and marketing materials and on social media in accordance with these Terms.
8. Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
Periodically, BLKMRKT and/or its brand partners may organize sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services (each a “Promotion”). In addition to these Terms, Promotions will be subject to particular terms which we shall communicate to you at the time of these Promotions (“Promotional Terms”). By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these Terms. BLKMRKT urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and any Promotional Terms, governs any information you submit in connection with such Promotions.
9. Third Party Websites or Resources
The Platform or Services may contain links to third party websites or resources. BLKMRKT provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
BLKMRKT is not responsible for the availability or quality of third-party services, including cell phone networks, hotspots, wireless internet, and other services. Such third-party services may affect your ability to utilize the Services or participate in an Event and you hereby waive and release BLKMRKT and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third-party services.
10. Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE PLATFORM, THE SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PLATFORM AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT BLKMRKT DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. BLKMRKT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
11. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER BLKMRKT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM, THE SERVICES, DROPS, OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLKMRKT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BLKMRKT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, A DROP, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLKMRKT AND YOU.
12. Dispute Resolution
YOU AGREE THAT DISPUTES BETWEEN YOU AND BLKMRKT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE “ARBITRATION” SECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12.1, “ARBITRATION,” BELOW.
12.1 Arbitration
If you live in the US or another jurisdiction which allows you to agree to arbitration, you and BLKMRKT agree that any disputes will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action”). Notwithstanding this arbitration agreement, BLKMRKT reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its IP, products, and Services.
Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide BLKMRKT with written notice of your desire to do so by email to [email protected] within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide BLKMRKT with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (a) and (b) above. Further, unless both you and BLKMRKT otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If the terms of this Section 12.1 “Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 12.6, “Governing Law and Exclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have exclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is void or voidable.
12.2 Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
12.3 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration) The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
12.4 Arbitration Location and Procedure
Unless you and BLKMRKT otherwise agree, the arbitration will be conducted in a confidential manner, in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and BLKMRKT submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the arbitrator’s discretion, absent a showing of good cause, in no event shall the parties be allowed more than three (3) depositions per side, and there will be no corporate deposition of the type contemplated by Federal Rule of Civil Procedure 30(b)(6).
12.5 Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will be treated as confidential and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of Section 11 “Limitation of Liability” as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. BLKMRKT will not seek, and hereby waives, all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.
12.6 Governing Law and Exclusive Venue
To the extent that these Terms allow you or BLKMRKT to initiate litigation in a court, other than for small claims court actions, both you and BLKMRKT agree to the exclusive jurisdiction of and venue in the state and federal courts located in New York County, New York, USA. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed by the laws of the State of New York, USA, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country.
12.7 Fees
Our responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, BLKMRKT will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)).
12.8 Changes to Dispute Resolution
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if BLKMRKT changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (by email to [email protected] within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of BLKMRKT’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BLKMRKT in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
13. General
13.1 Entire Agreement
These Terms, including our Privacy Policy, and any supplemental terms and conditions provided to you in connection with Drops and/or Promotions, constitute the entire and exclusive understanding and agreement between BLKMRKT and you regarding the Platform, the Services, Drops, and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BLKMRKT and you regarding the Platform, the Services, Drops, and Content.
13.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without BLKMRKT’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. BLKMRKT may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
13.3 Force Majeure
Neither BLKMRKT, any user, nor any other party involved in creating, producing, or delivering the Services, Drops or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
13.4 Notice
Any notices or other communications provided by BLKMRKT under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Platform or Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address Your provided.
13.5 Waiver
BLKMRKT’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BLKMRKT. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
13.6 Contact Information
If you have any questions about these Terms, the Platform, or the Services, please contact BLKMRKT at [email protected] or 10 East 39 th Street, 12 th Floor, New York, NY 10016.
Last Updated: July 13, 2023
Thank you for choosing to be part of the BLKMRKT community. We are committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for our mobile app(s), our website (https://blkmrkt.io), and all related sites, software, and services provided by us that link to or reference this Privacy Policy (collectively, the “BLKMRKT Platform”). The BLKMRKT Platform is owned and operated by BLKMRKT, Inc. (“we”, “us” or “our”).
This Privacy Policy applies to information BLKMRKT collects through the BLKMRKT Platform, as well as other information provided to us online or offline by third parties when we associate that information with users of the BLKMRKT Platform (but not to information collected from our employees, contractors, or service providers). Certain third parties may also be able to collect information via the BLKMRKT Platform. The data collection and use practices of these third parties may be governed by those third parties’ own policies, including their own privacy policies, as further described in Sections 2(A), 4, and 5, below.
“Digital Assets” in this Privacy Policy means digital blockchain collectibles that are each associated with a unique non-fungible token (“NFT”) implemented on the NEAR blockchain through the use of uniquely coded smart contracts.
This Privacy Policy describes, among other things:
1. Consent
By accessing or using the BLKMRKT Platform, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access, or use the BLKMRKT Platform. Information gathered through the BLKMRKT Platform may be transferred, used, and stored in the United States or in other countries where our service providers, our affiliates, or we are located. If you use the BLKMRKT Platform, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the BLKMRKT Platform or BLKMRKT are deemed to occur in the United States, where our servers are located.
European Union Residents
If you reside in a country in the European Economic Area or in Switzerland, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and the following additional information is provided for your benefit.
The controller of the personal data collected through the BLKMRKT Platform is:
BLKMRKT, Inc.
10 East 39th Street - 12th Floor
New York, NY 10016
If you use the BLKMRKT Platform, you acknowledge that your personal data is being processed pursuant to the following lawful bases: your consent, BLMKT’s legitimate interests, to fulfil requests made by you (including, without limitation as necessary for the performance of a contract, such as a contract to purchase a Digital Asset through the BLMKT Platform), and compliance with applicable law. You further acknowledge and consent to your information that is gathered through the BLKMRKT Platform being transferred to, used in, and stored in the United States.
You hereby consent to the processing of your personal data as described in this Privacy Policy, including the transfer, use, and storage of your personal data in the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You may withdraw your consent at any time by following the instructions in the Accessing/Updating/Deleting Your Personal Information section below, but this will not affect the lawfulness of processing based on consent before its withdrawal. However, if you withdraw your consent or decline to provide personal data to us, you may be unable to use the BLKMRKT Platform. You have the right to file a complaint relating to the processing of personal data with a supervisory authority.
Accessing/Updating/Deleting Your Personal Information
If you would like to delete, update, or access the Personal Information we have collected from you, and/or deactivate or delete your BLKMRKT account, you may do so by sending an email to [email protected]. Additionally, if your Personal Information is subject to the GDPR, you may have certain additional rights, including the right of restriction of processing of personal data, and the right to object to the processing of personal data. Please send email to [email protected] for more information.
2. Collection of Your Personal and Other Information
When you register for, or use the BLKMRKT Platform, we collect Personal Information. By “Personal Information” we mean information that can identify an individual, such as:
We may collect this personal information from a variety of sources, including directly from you, your devices, vendors who provide services on our behalf, social media networks, business partners, and public data sources. We may collect data that is available on public blockchains, including transactional information.
You may choose not to provide Personal Information, but this may prevent you from receiving certain features of the BLKMRKT Platform.
When you use our mobile application, we may also collect the following information:
Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
We may also collect non-Personal Information relating to the BLKMRKT Platform, that is, information that does not personally identify an individual. The non-Personal Information we may collect includes how you interact with the BLKMRKT Platform, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the BLKMRKT Platform.
Examples of the non-Personal Information we may collect are:
We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information.
Information collected by the BLKMRKT Platform may be collected by us or one of our service providers, but in either case, this Privacy Policy will govern the collection, use, and sharing of the information.
3. Use of Your Information
We may use the information we collect to:
4. Disclosure of Your Information
We may disclose your Personal Information to third parties as described below.
We may disclose Personal Information to provide services to you, or when you authorize or instruct us to do so, for example when you use the BLKMRKT Platform to submit content or profile information. We may also disclose Personal Information and non-Personal Information to companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and performing web analytics). We may license third party software to include in or use with the BLKMRKT Platform, in which case we may disclose Personal Information and/or Non-Personal Information to the licensor. These third parties’ collection and use of Personal Information and non-Personal Information are subject to their own privacy policies, which you can read here:
We may also disclose Personal Information to the third-party vendors and shopkeepers who make their products and services available to you through the BLKMRKT Platform and to other third-parties upon your consent to such disclosures.
We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the BLKMRKT Platform, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the BLKMRKT Platform, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website.
Lastly, we may also disclose Personal and non-Personal Information, aggregated with information about our other users, to our business partners, merchants, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
5. Transparency and Choice; Do Not Track Signals
You may request access to your Personal Information by sending an email [email protected] We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes.
We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the BLKMRKT Platform. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period to satisfy our legal, audit and/or dispute resolution requirements.
We support the development and implementation of a standard “do not track” browser feature that provides customers with control over the collection and use of information about their web-browsing activities. Once a standardized “do not track” feature is released, we intend to adhere to the browser settings accordingly.
You can opt out of receiving marketing emails from us by clicking on the “unsubscribe” link in the emails. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out of marketing emails, we may continue to send you certain account-related emails, such as notices about your account and confirmations of transactions you have requested.
7. Children
The BLKMRKT Platform is geared toward a general audience and is not directed to children under 13 years of age in the United States, and children under the applicable minimum age in other countries at which they can legally provide their personal information without parental consent. We do not knowingly collect personal information from children who are not legally permitted in their countries to provide their personal information without parental consent. If we become aware that we have collected personal information from a child under the legal minimum age to provide personal information without parental consent in a particular country, we will promptly delete the information, unless we are legally obligated to retain such information. If you believe a child under the legal minimum age may have provided us with personal information, please contact us as specified in the “How to Contact Us” section of this Privacy Policy.
8. Information Security
We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction. For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet and use firewalls to help prevent external access into our network. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.
We restrict access to Personal Information to our employees, contractors, and agents who need to know that information in order to operate, develop, improve or support the BLKMRKT Platform. If we share Personal Information with service providers, we require that they also use reasonable information security measures to safeguard your Personal Information and only use your Personal Information for the purposes for which we share it with them.
9. Your California Privacy Rights
California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered BLKMRKT Platform account, you have the right to request removal of unwanted data that you publicly post on the BLKMRKT Platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the BLKMRKT Platform, but please be aware that the data may not be completely or comprehensively removed from our systems.
10. Third Party Websites and Digital Wallets
Please note that the BLKMRKT Platform may link or integrate with third-party sites, services or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.
To use certain services offered through the BLKMT Platform, you may be required to use a digital wallet. Your interactions with your digital wallet app or service and its use of your personal information are governed by the applicable privacy policy for such digital wallet. We do not collect or store private keys that are associated with your digital wallet.
11. Changes to this Policy
We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by email or posting a notice of the changes on our website prior to the changes becoming effective. We encourage you to check this Privacy Policy from time to time.
12. Questions
To ask questions about our Privacy Policy or to lodge a complaint, contact us at:
BLKMRKT, Inc.
10 East 39th Street, 12th Floor
New York, NY 10016
Email: [email protected]