Terms & Conditions
Last updated July 17th, 2022
1 AGREEMENT TO TERMS
The information provided on the site is not intended for distribution too or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2 INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal common non-commercial use. We reserve All rights not expressly granted to you in and to the site, the content, and the marks.
3 USER REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any or all current or future use of the site ( any portion thereof )
4 USER REGISTRATION
You may be required to register to access some portions of the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username that you select if we determine in our sole discretion, that set username is inappropriate, obscene, or otherwise objectionable.
5 PROHIBITED ACTIVITIES
You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the site, you agree not to:
- Systematically retrieve data or other content from the site to create or comply, directly or indirectly, a connection, compilation, database, or directory without written permission from GBA.
- Trick, defraud, or mislead GBA and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security related features of the site, including features that prevent or restrict the use of copying any content or enforce limitations on the users of the site and/or the content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
- Use any information obtained from the site in order to harass, abuse, or harm another person.
- Making improper use of our support services or submit false reports of abuse or misconduct.
- Use the site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchangeable formats (“gifs”), 1×1 pixels, web bugs, cookies, or similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the site or networks or services connected to the site.
- Harass, annoy, intimidate common or threaten any of our employees or agents engaged in providing any portion of the site to you.
- Attempt to bypass any measure of the site designed to prevent or restrict access to the site or any portion of the site.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the site.
- Except as maybe the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the site.
- Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means under false pretenses.
- Use the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile
6 USER-GENERATED CONTRIBUTIONS
The site May invite you to chat, contribute to, or participate in blogs, message boards, online forms, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “contributions”). Contributions may be viewable by other users of the site and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non proprietary. When you create or make available any contribution you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the assessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your contributions are not false, inaccurate, or misleading.
- Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable ( as determined by us ).
- Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against any specific person or class of people.
- Your contributions do not violate any applicable law, regulation, or rule.
- Your contributions do not violate the privacy or publicity rights of any third party.
- Your contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
7 CONTRIBUTION LICENSE
By posting your contributions to any part of the site or making contributions accessible to the site by linking your account from the site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us and unrestricted, unlimited, irrevocable, perceptible, non-exclusive, transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, cell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt ( in whole orange part ) , and distribute such contributions ( including, without limitation, your image and voice ) for any for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and Grant and authorize sublicenses of the foregoing. The use in distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You wave all moral rights in your contributions, and warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions, you retain full ownership over all of your contributions in any intellectual property rights or other property rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the site. You are solely responsible for your contributions to the site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any contributions; (2) to re-categorize any contributions to place them in more appropriate locations on the site; and (3) to pre-screen or delete any contributions at any time for any reason without notice. We have no obligation to monitor your contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site (https://gbaglobal.org/feedback/) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submission, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree that there shall be no recourse against GBA for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.
9 THIRD PARTY WEBSITE AND CONTENT
10 SITE MANAGEMENT
12 COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any materials available on or through the site infringes upon any copyright you own or control, please immediately notify us by using the contact form on this or any page of this site(a “notification”).
A copy of your notification will be reviewed and sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to buy the site infringes on your copyright, you should consider first contacting an attorney.
13 TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14 MODIFICATIONS AND INTERRUPTIONS
GBA reserves the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.
15 GOVERNING LAW
16 DISPUTE RESOLUTION
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the commercial arbitration rules of the American arbitration association (“AAA”) and, where appropriate the AAA’s supplementary procedures consumer related disputes (“AAA consumer rules”), both of which are available at the AAA website: www.ard.org. your arbitration fees and your share of arbitrator compensation shall be governed by the AAA consumer rules and, where appropriate, limited by the AAA consumer rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but will not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Fairfax, Virginia. Except as otherwise provided herein, the parties May litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute following within that portion of this provision found to be a legal or unenforceable, if such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, the parties agree to submit to the personal jurisdiction of that court.
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right authority for any dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to informal negotiations and arbitration
The parties agree that the following disputes are not subject to the above provisions concerning in formal negotiations and binding arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, the neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
There may be information on the site that contains type of graphical errors, inaccuracies, or omissions, including descriptions, pricing, availability, in various other information. We reserve the right to correct any errors, inaccuracies, or emissions and to change or update the information on the site at any time, without prior notice.
THIS SITE IS PROVIDED ON AN AS-IS BASIS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONE INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR AN ACCURACY OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19 LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS RELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HERE IN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF THE ACTION ARISING PERIOD CERTAIN US STATE LAWS AND INTERNATIONALIZE DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOMEWHERE ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS IN MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21 USER DATA
We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any rate of action against us arising from any such loss or corruption of such data.
22 ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You can send to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, INTO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require any original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23 CALIFORNIA RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Compliant Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North market boulevard., Sweet N 112, Sacramento, California, 95834 or by telephone at (800) 952-5210 or (916) 445-1254
25 CONTACT US
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:
Government Blockchain Association
10506 Main Street
Fairfax, Virginia, 22030