Terms and Conditions as of August 2nd, 2021

BallaBloc LLC. (“BallaBloc,” “we,” “us,” or “our”) welcomes you. We provide you access to our tools and services (our “Services”) through our Website, Application and other experience platform (Collectively referred to as the “Platform”) subject to these Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas of the Platform or by accessing and using our Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then you are not permitted to use the Platform. You accept the aforesaid agreement and agree to be legally bound by the same. In the event of any ambiguity or discrepancy between these Terms and the Privacy Policy and or any policies/guidelines, the provisions of these Terms shall prevail.

In case You do not accept these Terms and or the Privacy Policy, you are not permitted to register, access and or use the Platform. If You are an individual acting on behalf of an entity, you represent and warrant that You have the authority to accept these Terms on behalf of such entity.

If You do not wish to accept the Terms stated herein, please do not register, access, or use the Platform.

ABOUT US

We are a technology company. We’re not an Athletics Company BallaBloc LLC., a Delaware LLC (“BallaBloc,” “us,” or “we”) is a technology provider. You acknowledge and agree that we are not athletes or service providers. Service providers are not our employees, representatives, or agents.

AGE REQUIREMENTS

You guarantee that you are 18 years and above to be eligible to enter into this agreement in your jurisdiction. By visiting the Platform or accepting these Terms, you represent and warrant to us that You are of the appropriate legal age or older, and that You have the right, authority and capacity to use the Services and that You agree to abide by and be bound by these Terms, Privacy Policy and other applicable policies/ guidelines. If You are not of appropriate legal age and access and/ or use the Services, then it will be understood that Your parent or guardian expressly consents to these Terms on Your behalf by allowing You to access and/ or use the Services. You take full responsibility of ensuring such express consent has been obtained from the parent or guardian allowing You access and/ or use of the Services. BallaBloc shall not be responsible for your failure in obtaining such express consent and or your parent’s/ guardian’s negligence/ failure in supervising you and or giving such express consent.

SIGN-IN NAME, PASSWORD; UNIQUE IDENTIFIERS

If you wish to become a User, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Host and Guest. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or UniqueIdentifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. BallaBloc will not be liable for any loss or damage caused by any unauthorized use of your account.

IN-APP REWARDS

Users of the App may earn rewards in the form of digital assets, including, but not limited to coins, cryptocurrency, or non-fungible tokens as a result of using the App and in-app actions that you will be subjected to during your usage of the App. As a User, you agree that earning, distribution, accumulation, disposition, and valuation of digital assets, coins and rewards are at the sole discretion of BallaBloc, LLC.

IDENTITY THEFT AND HARASSMENT POLICY

BallaBloc maintains a strict harassment and identity theft policy in compliance with the standard regulations. Under no circumstance shall BallaBloc be responsible for any form of harassment or identity theft that may occur as a result of you uploading your user content on the Platform.

INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of BallaBloc (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of BallaBloc (the “BallaBloc Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of BallaBloc. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with BallaBloc Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any Platform is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the BallaBloc Trademarks inures to our benefit. Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

SENDING/RECEIVING MESSAGES

The Services may permit You to send messages (including email) to a Third-Party Source or to the Users (“Messages”). You are solely responsible for the messages you send and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third-party service providers to facilitate the sending of Messages to your designated recipients). You guarantee that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and hereby grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 8 (User Submissions) below shall also apply to Messages that you send via the Services.

CUSTOMER/USER SUBMISSION

You acknowledge that you and or User/s may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on our Platform including, but not limited to Your website ("Customer/User Submissions"). You shall not yourself and agree to advise the User/s in writing and ensure that they do not post, upload to, transmit, distribute, store, create or otherwise publish through the Platform any of thefollowing User Submissions:

That is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy, breach of publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
That would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
That may infringe any patent, trademark, and trade secret, copyright or other intellectual or proprietary right of any party.
That impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
That, our sole judgement, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us or other Users to any harm or liability of any type;
Which violates the terms of our guidelines, principles, policies or rules posted on the Platform or as and when communicated to You;
Unsolicited promotions, spam, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses or any other such personal details; and Viruses, corrupted data or other harmful, disruptive or destructive files;

You shall be solely responsible for Customer/ User Submissions and the consequences of posting or publishing them.
We have complete right in terms of decision making as to whether or not to publish Customer/ User Submissions and we reserve the right without further notice to you, to monitor,moderate, censor, edit, remove, delete and/ or remove any and all Customer/ User Submissions at any time and for any reason.
You further guarantee that you hereby grant to us and shall procure from the Users the necessary rights and permissions for us to use and authorizes us to use all Intellectual Property Rights in and to the Customer/ User Submissions, and to enable inclusion and use thereof as contemplated by this Terms. You/ User shall retain all of Your/ their ownership rights in Customer/ User Submissions. Any copyrighted or other proprietary content distributed with the consent of the intellectual property owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Subject to this Terms and the Privacy Policy, by submitting the Customer/ User Submissions, you hereby grant us and agree to procure from the Users a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to use, reproduce, distribute, prepare derivative works of, display and perform the Customer/ User Submissions only in connection with the Services, including without limitation for redistributing part or all of the Customer/ User Submissions (and derivative works thereof), and you hereby waive and agree to procure waiver from the Users regarding any moral rights in the Customer/ User Submissions, to the extent permitted by law.
You understand and acknowledge that when accessing and using the Services: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.

USE OF BALLABLOC CONTENT

The entire contents of the Platform., including but not restricted to designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content, except the Customer/ User Content, is collectively, the "BallaBloc Content";

All BallaBloc Content is our property and/ or property of our licensors/ contractors etc., as the case may be. The compilation (including the collection, arrangement and/or assembly) of all BallaBloc Content is our exclusive property. We retain all intellectual property rights including all rights in and to the BallaBloc Content, inventions, utility models, patents, copyright and related rights, trademarks, logos, trade and business names, rights in designs, rights in computer software, database rights, moral rights, know-how and trade secrets, in every case whether registered or unregistered and all similar or equivalent rights or forms of protection (whether now or in the future) in any part of the world. Unauthorized access, copying, use, destruction and or distribution of BallaBloc Content is strictly prohibited;

You may not sell, modify, reverse engineer, reproduce, display, publicly perform, distribute, or otherwise use the BallaBloc Content in any way for any purpose whatsoever including for any public or commercial purpose, in connection with services that are not the Services of BallaBloc; or in any other manner that is likely to cause confusion amongst other Customers and or Users;

Any code (source code, object code), design, UX, UI that BallaBloc creates to generate or display any BallaBloc Content or the pages making up the Platform is also our intellectual property. You may not copy, adapt, reverse engineer, create derivative works, translate or infringe our rights in any way. You may not use any of BallaBloc Content on any other platform or otherwise(including, without limitation, by uploading or republishing BallaBloc Content on any internet, intranet or extranet Platform or incorporate BallaBloc Content in any other database or compilation for any purpose);

You shall not copy or adapt the HTML code that we create to generate any BallaBloc Content or the pages making up our Platform. Nothing in these Terms shall be construed as conferring any license to our intellectual property rights, whether by estoppel, implication or otherwise;

Your access and use of the Platform/ Services or our Content does not grant You a right to assign or transfer Your obligations under the Terms to any third-party;

You may not advertise the use of the Platform or BallaBloc Content without obtaining our prior written consent.

PRIVACY

Kindly refer to the Privacy Policy for further understanding of how we collect, store, protect and process the data collected through our Services.
Please also be aware that certain sensitive personal information and other information provided by you in connection with your use of the Services may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, BallaBloc (including our subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision, access or use of the Platform and/ or Services as follows:

we provide the Platform and any Services on an “as is” and “as available” basis, and Your access to or use of our Platform is at Your own risk;
we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and/ or Services;
we do not guarantee that the information or content You find on the Platform is accurate, truthful, complete and or up-to-date;
we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
we disclaim liability for any delay or disruption in our Platform/ Services and/or any defect, viruses, bugs or errors;
we disclaim liability for the conduct of or any content or information submitted or posted by any customers and or Users of the Platform/ Services (whether online or offline).

To the fullest extent permitted by applicable law, BallaBloc and Our Entities are not liable to You or others for:

any indirect, incidental, special, exemplary, consequential or punitive damages; or
any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform and or Services.

INDEMNITY

In case of breach or any claims, actions, demands, damages, liabilities, obligations, costs, suits or proceedings (“Actions”) actually paid, suffered or incurred by us due to the breach of these Terms, any act or omission, misuse, abuse of our Services and its access, fraudulent acts, wilful misconduct of the Customer and or Your Users alleging or arising from (i) the use of Customer/User Content or other material You and or Your Users provided on the Platform; (ii) misuse by You and or Your Users of any BallaBloc Content; or (iii) breach of these Terms by You or Your Users; or (iv) any loss or deletion of BallaBloc/ Customer/ User Content that may occur through the use or misuse of the Platform by You or Your User; You agree to defend, indemnify, and hold harmless BallaBloc, Our Entities, and their respective officers, directors, employees, affiliates and agents, from and against any such Actions including without limitation reasonable legal and accounting fees and expenses. We shall provide notice to You promptly of any such Actions.

EXPORT LAWS

You represent that you are not, and will not make the Services available to, the resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Services, nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

TERM AND TERMINATION

These Terms will continue to apply until terminated, which may be by way of actual termination, deactivation or unsubscribing, by either You or or by us, as follows:

You may stop using the Platform/ Services;
We reserve the right to suspend or terminate Your Account as a consequence of suspending or terminating Your access to the Platform/ Services without notice and at our sole discretion if we reasonably believe:

You and or Your Users are in serious and or repeated breach of these Terms (including a failure by You to settle any payments);
You and or Your Users are using the Platform/ Services in a manner that would cause risk or harm or loss to us, other customers and or Users, third parties or the public;
We are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
Our provision of the Platform/ Services to You is no longer possible or commercially viable; or
For any other reason, entirely at our discretion including for convenience.

Upon termination of Your Account and or Your access or use of the Platform/ Services, these Terms will also terminate except for those clauses which are intended to survive;
Upon termination, the Customer/ User Content will be available to You for a period of 365 (Three Hundred and Sixty-five) days from the effective date of termination in order to allow for downloading of any Customer/ User Content. After such period the Customers/ User Content, subject to the terms of the Privacy Policy, will be automatically deleted by us unless we are required to retain the same in accordance with applicable laws. Failure to download/ copy any or all of the Customer/ User Content within this time frame shall not give You the right to hold us liable for such deletion or data loss. Termination or suspension of Your Account and Your Users’ account due to failure to make payment by You shall result in complete restriction of access to the Platform/ Services. You shall not have the option to download any of the User Content until payment is fully cleared;
If we consider necessary or appropriate at our sole discretion, we will report any breach of these Terms to law enforcement authorities and we will cooperate with such authorities by disclosing Your or Your Users’ identity, and providing any information about You and Your Users within our systems to them.

DISCLAIMER

THIS PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALLABLOC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, RESULTS, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES OR CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF DEALING, USAGE OR TRADE PRACTICE. BALLABLOC EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE PLATFORM, ANY FEATURES AND/ OR SERVICES AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE PLATFORM/ SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES OR RESULTS OBTAINED OR DATA DERIVED THROUGH ITS USE.

COPYRIGHT NOTICES

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to Company’s Copyright Agent.

MOBILE APPLICATION LICENSE

License and Uses

By using the BallaBloc App, we grant you a revocable, non-transferable, non-exclusive, limited right to install it on wireless mobile phones, used and controlled by you, and to use the BallaBloc App on devices that are strictly in compliance with the terms of this license. You shall not:

Attempt to reverse-engineer, decompile, disassemble or try to know the source codes or decrypt it;
Attempt to modify, enhance, improve, adapt, translate or do derivative works from the BallaBloc App;
Use it in a manner that goes against any applicable laws, regulations, rules or these Conditions;
Attempt to remove, alter, obscure or delete any proprietary notice of BallaBloc, LLC or those of third parties, partners or the licensors of the BallaBloc App;
Use the BallaBloc App to create services, products or software that are directly competitive with or in any way competitive with our Services; and/or
Attempt to use any proprietary information of BallaBloc in the design, development, manufacture, distribution and/or licensing of another application or device in connection with the BallaBloc App.

App Distributor Terms (Apple and Android devices)

The following conditions apply to you if you download the BallaBloc App from the Apple Store or Google Play Store. You hereby agree that these Conditions is between you and BallaBloc LLC and not with Apple Inc. or Google Inc. (each an “App Distributor”). You agree that BallaBloc LLC will be responsible for the BallaBloc Content and the BallaBloc App.

Scope of License: The license granted to you in relation to the BallaBloc App is limited to a non-transferable license to use the BallaBloc App on a device that uses the iOS or Android operating systems as applicable and in line with the usage rules set forth in the applicable App Distributor terms and conditions.
Support and Maintenance: BallaBloc LLC is solely responsible for providing any support and maintenance services with respect to the BallaBloc App.
Warranty: BallaBloc LLC is liable for any product warranties (whether express or implied by law) to the extent not effectively disclaimed. If the BallaBloc App fails to function as described or to any applicable warranty, you may notify the relevant App Distributor, and the App Distributor, in accordance with its policies and terms shall refund the purchase cost (if any) you paid for the BallaBloc App, to the extent permissible by applicable law. The relevant App Distributor shall not have any other obligation whatsoever with respect to the BallaBloc App and other damages, losses,claims, liabilities or expenses you may have in relation to such a failure. This shall be the liability of BallaBloc LLC.
Product Claims: You hereby agree that BallaBloc LLC shall be liable to you for any product claims in relation to the BallaBloc App, including product liability claims, non-conformity with applicable laws or legal requirements or consumer protection claims. An App Distributor shall not be liable for any product claims.
Intellectual Property Rights: You agree that if your use of the BallaBloc App infringes on any third party’s intellectual rights, the relevant App Distributor shall not be responsible for any defence, settlement and discharge of such a claim.
Legal Compliance: You warrant to us that you do not live in a country that is subject to the US embargo or designated as a terrorist-supporting country.
Third Party Terms of Agreement: You agree that your use of the BallaBloc App will not make you go against any third-party application agreement. For example, if you have a VoIP application, you must not violate their wireless data service agreement when using the BallaBloc App.
Third Party Beneficiary: You and BallaBloc LLC both agree that the App Distributors are third party beneficiaries of these Conditions. Upon your acceptance of these Conditions, the App Distributors shall have the right to enforce these Conditions against you as a third party beneficiary.

SETTLEMENT OF DISPUTES

Any claims, controversies, demands, disputes, or differences between the parties hereto arising out of, or by virtue of, or in connection with, or relating to this Agreement shall be settled by BallaBloc and shall not be subject to any other form of arbitration, or court rulings.

GOVERNING LAW

These terms are governed by and shall be construed in accordance with the laws and decisions of the State of Delaware, without reference to conflict of laws principles.
Any disputes under these Terms shall be resolved in a court of general jurisdiction in Delaware. Both Parties hereby expressly agree to submit to the exclusive jurisdiction of the State of Delaware for the purpose of resolving any dispute relating to these Terms or access to or use of the Services by the Customer.

CONTACT US

Your acceptance of these Terms expresses Your consent to be contacted by us, our agents, our Entities, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by You while registering Your Account.
When we use the words “writing” or “written” in these terms, this includes emails. If we have to contact You, we will do so by writing to You at the email address You have provided to us or by sending You a notification through Your Account.
For any problems faced relating to our Services, or these Terms, you may contact us. For any general queries, please connect via the ‘Contact Us’ tab given on our Platform.
Any Notice to us may be given by You only by sending it to our registered office and or local office by registered post and or a first-class courier. The Notice shall be deemed to have been served on us when physically received and accessed by us.

We reserve the right to change, modify, alter, and or expand (“amendments”) any of the terms and conditions herein, in our sole discretion without any prior notice. Any such amendments shall be effective immediately upon posting of the revised Terms on the Platform. By continuing to use/ access the Services; you waive any right you may have to receive specific notice of such amendments, as well as it’s your confirmation of having accepted all such amendments. Therefore, it is advised that you frequently review, understand and accept the Terms, Privacy Policy and applicable policies/ guidelines. If you do not agree to the amended terms, you must stop using and accessing our Services.