The Blockfolio mobile application and website (collectively the “Blockfolio Properties”) are owned and operated by Blockfolio Inc. (the “Company”). The Blockfolio Properties offer cryptocurrency portfolio management, with easy to use tools to keep track of cryptocurrency investments. The Blockfolio Properties also offer market data on cryptocurrencies, latest cryptocurrency news updates, and additional information related to cryptocurrencies. Use of the Blockfolio Properties is offered to you (“you” or “User”), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms” or “Agreement”). Your use of the Blockfolio Properties constitutes your agreement to all such Terms. Please read this Agreement carefully.
If you use the Blockfolio Properties, you are responsible for maintaining the confidentiality of your portfolio(s) on the Blockfolio Properties and restricting access to your mobile device and computer. You further agree to accept responsibility for all activities that occur in connection with your portfolio(s). Company and its affiliates reserve the right to refuse or terminate your portfolio(s), or remove content on the Blockfolio Properties at its sole discretion.
If you choose to register for an account, you are responsible for maintaining the confidentiality of your account and password and restricting access to your mobile device and computer. You further agree to accept responsibility for all activities that occur using your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at its sole discretion. Company reserves the right to disallow a username that it believes impersonates someone else, is or may be illegal, protected by trademark or other proprietary rights law, is vulgar or offensive, or for any other reason.
If you choose not to register for an account, you acknowledge that your portfolio(s) and all Portfolio Data is connected to your specific mobile device. Use of the Blockfolio Properties with any new device will require you to recreate your portfolio.
The Blockfolio Properties may contain links to other websites (“Linked Sites”), including links posted by other Users. The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company or any association with its operators.
Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Blockfolio Properties. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
As a condition of your use of the Blockfolio Properties, you warrant to Company that you will not use the Blockfolio Properties for any purpose that is unlawful or prohibited by these Terms. You may not use the Blockfolio Properties in any manner which could damage, disable, overburden, or impair the Blockfolio Properties or interfere with any other party's use and enjoyment of the Blockfolio Properties. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blockfolio Properties.
You are not to submit, post, upload or grant Company access to any information or material that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.
Content is made available to Users by the Company as part of the Blockfolio Properties, including but not limited to, text, documents, graphics, portfolio summaries, charts, order books, logos, images, videos, and comments, as well as the compilation thereof, and any software used on the Blockfolio Properties (the “Company Content”). The Company Content is the property of the Company, its suppliers and affiliates, or its Users, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any the Company Content and will not make any changes thereto.
Your use of the Blockfolio Properties does not entitle you to make any unauthorized use of the Company Content, and in particular you will not delete or alter any proprietary rights or attribution notices in the Company Content. You will use Company Content solely for your personal use, and will make no other use of the Company Content without the express written permission of Company and the copyright owner. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view the Company Content available on the Blockfolio Properties. You will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Company Content, except in the case of certain noncommercial uses permitted by intellectual property law. Except for the licenses and rights expressly granted herein, no licenses or rights are granted to you by implication or otherwise by Company or its licensors.
As a User of the Blockfolio Properties, you may choose to enter the details of your cryptocurrency transactions into your portfolio(s) on the Blockfolio Properties (the “User Portfolio Entries”). If the exchange that handled your cryptocurrency transaction allows synchronizing with the Blockfolio Properties, you may also choose to synchronize data from these other third party sites into your portfolio(s) on the Blockfolio Properties (the “Synced Entries” and collectively with the User Portfolio Entries, the “Portfolio Data”). You hereby certify to the Company that any information in your Portfolio Data is owned by you or that you are validly authorized to carry out transactions regarding such Portfolio Data. The Company does not verify the accuracy of Portfolio Data. The Blockfolio Properties provide a summary of the Portfolio Data for you to manage your portfolio(s) in one location within the Blockfolio Properties.
You retain all your ownership rights in any other content submitted to the Blockfolio Properties, including but not limited to text (collectively, the “User Content”). However, by submitting User Content to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing the Blockfolio Properties services to you and for Company (and its successors’ and affiliates’) business purposes, including without limitation for promoting and redistributing part or all of the Blockfolio Properties, in any media formats and through any media channels. You understand and agree that, Company may retain, but not display, distribute or perform, server copies of your User Content that have been removed or deleted.
You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such material for publication on the Blockfolio Properties pursuant to these Terms. You further agree that material you submit to Company will not contain third party copyrighted material unless you have permission from the owner. Company will remove User Content if properly notified that such content infringes on another’s intellectual property rights. Company reserves the right to move User Content without prior notice.
Users may also share a link to the Blockfolio Properties via SMS text messaging, email, or other social media platforms, as applicable. The link to the Blockfolio Properties is to let others know that you are using the Blockfolio Properties and to invite them to use the Blockfolio Properties as well. The link will not post any information about your portfolio(s) or your Portfolio Data unless you choose to include a screenshot image, as applicable from your mobile device, of the Blockfolio Properties at the time you share the link. You acknowledge and agree that any sharing of your portfolio(s) and/or Portfolio Data is optional and solely at your election. The Company shall not be responsible or liable for any information about your portfolio(s) or Portfolio Data that may become public as a result of your use of the sharing feature.
The Blockfolio Properties may allow Users with Company accounts (“Registered Users”) to post comments and question on community pages and engage with coin developers and other Users in discussions (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are related to the mission of Company or the expressed interests of other Users relating to their activities on the Blockfolio Properties.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and, in its sole discretion, remove any materials without notice to the User. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload materials.
Please be advised: Although Company administers the Blockfolio Properties and establishes certain terms for certain Communication Services offered through the Blockfolio Properties, Company is not otherwise a party to the Communication Services or any other transactions that may take place between you and third parties. Company has no control over any claims made by third parties about the services or products they may offer, nor does Company guarantee or endorse the truth or accuracy of any representations made by third parties.
The Company is a portfolio management service only and does not advise Users on the merits of any particular transactions or their taxation consequences. By using the Blockfolio Properties, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of any transaction and the underlying currencies involved in such transactions. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying currency. The Company gives you no warranty as to the suitability of the cryptocurrency transactions in your portfolio(s) and assumes no fiduciary duty in its relations with you. You agree that the Company is not responsible for determining whether or which taxes apply to your transactions. You further agree that you are solely responsible for reporting and paying any taxes arising from your cryptocurrency transactions listed in your portfolio(s) on the Blockfolio Properties.
If at any point the Company or its representatives do provide information on cryptocurrency pricing, trading recommendations, market commentary, news updates on particular cryptocurrency coins, advertisements about new cryptocurrencies, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of due diligence on behalf of the Company or its representatives. All such information is provided to you for informational purposes only and is not intended for trading or investment purposes. The Company does not endorse or promote any particular cryptocurrency and gives no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction you may enter into based on such information. The Company shall not be responsible or liable for any trading or investment decisions you make based on such information. You are solely responsible for determining whether any investment or transaction is appropriate for you based on your own independent research, your personal investment objectives, your financial situation, and risk tolerance.
The Blockfolio Properties are controlled, operated and administered by Company from its offices within the USA. If you access the Blockfolio Properties from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Blockfolio Properties or Company Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The Company trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the Blockfolio Properties are registered and unregistered Trademarks of Company. Nothing on the Blockfolio Properties should be construed as granting any license or right to use any Trademark without the prior written permission of Company.
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of or in any way connected with User Content, your use of or inability to use the Blockfolio Properties, your interaction with other Users, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE BLOCKFOLIO PROPERTIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BLOCKFOLIO PROPERTIES AT ANY TIME.
COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIAL CONTAINED ON THE BLOCKFOLIO PROPERTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIAL ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS CONTAINED HEREIN, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED (A) WITH THE USE OR PERFORMANCE OF THE BLOCKFOLIO PROPERTIES, (B) WITH THE DELAY OR INABILITY TO USE THE BLOCKFOLIO PROPERTIES OR RELATED SERVICES, (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS OBTAINED THROUGH THE BLOCKFOLIO PROPERTIES, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BLOCKFOLIO PROPERTIES , OR (E) OTHERWISE ARISING OUT OF THE USE OF THE BLOCKFOLIO PROPERTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLOCKFOLIO PROPERTIES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLOCKFOLIO PROPERTIES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Visiting the Blockfolio Properties or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, via email (if a Registered User) and on the Blockfolio Properties, satisfy any legal requirement that such communications be in writing.
Each User is responsible for all mobile device usage charges (including but not limited to data and text messaging charges) that such User may incur while using the Blockfolio Properties.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Blockfolio Properties. Use of the Blockfolio Properties is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Blockfolio Properties. Company's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Blockfolio Properties or information provided to or gathered by Company with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Company with respect to the Blockfolio Properties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Company with respect to the Blockfolio Properties. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
If a dispute arises out of or relates to this Agreement, or the breach hereof, and if the dispute cannot be settled through negotiation, the Company and User agree first to try in good faith to settle the dispute by non-binding mediation. For such purpose the Company and User shall select an experienced and impartial mediator who has no business or personal relationship with either the Company and User. The Company and User shall equitably share the fees of the mediator based upon their alignment on the issues to be resolved.
If the dispute cannot be settled through mediation within thirty (30) days of commencement of mediation, the Company and User agree that the dispute shall be settled through binding, confidential arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then existing Commercial Rules (the “AAA Rules”).
It is the intent of the Company and User that, barring extraordinary circumstances, arbitration proceedings shall be concluded within one hundred eighty (180) days from the appointment of the Presiding Arbitrator. The tribunal may extend this time limit in the interests of justice, and failure to adhere to this time limit shall not constitute a basis for challenging the award.
The decision of the tribunal shall be final and binding on the Company and User and the Company and User agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitration set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The decision of the tribunal shall be rendered no later than thirty (30) days after commencement of such hearing.
The tribunal shall apply the law of the State of California without regard to conflict of law principles. Any arbitration proceedings shall take place in Los Angeles, California.
Company offers software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Company and you acknowledge that these Terms of Service are concluded between Company and you only, and not with Apple, and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Company as follows:
4325 Glencoe Ave, Suite C9
Box # 11565
Marina Del Rey, CA 90295
Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Company reserves the right, in its sole discretion, to change the Terms under which the Blockfolio Properties and Company Content are offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of any updates.
4325 Glencoe Ave, Suite C9
Box # 11565
Marina Del Rey, CA 90295
Effective as of March 16, 2018