TessaB Terms of Service
(Revised June 18, 2019)
Welcome & Navigation
THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO ANY DISPUTE WITH TESSAB.COM (DISCUSSED IN THE “ARBITRATION AND CLASS WAIVER” SECTION BELOW).
- General Terms and Conditions
- Definition of Users
- Uses of the Platform and Key Limitations
- Eligibility to Use TessaB
- Your Promises of Conduct (Acceptable Use)
- Pricing, Payments & Billing
- Intellectual Property and Copyright
- Key Legal Points
- Contact Info
General Terms and Conditions
The ToS, together with our Transaction Policy represents a binding contract between you andTessaB, its subsidiaries, affiliates, assignees and its and their officers, directors, employees and agents (“TessaB”, “we”, “us” or “our”), and is in addition to any other agreements between you and us, including any other agreements that govern your use of products, features, content, applications and services available on the Platform. If you are accessing the Platform on behalf of another entity or individual, you represent and warrant that you have the authority to agree to the ToS and our Transaction Policyon behalf of such entity or individual. If you do not agree with anything contained in the ToS or our Transaction Policy, please do not access or otherwise utilize the Platform. TessaB reserves the right to change the ToS, from time to time,upon notice. Use of the Platform following the posting of any changes to the ToSor our Transaction Policyshall be deemed to be acceptance thereof by you. In thisToS, we may refer to a User as “you.”
Uses of the Platform
The TessaB Blockchain ecosystem provides users with a better mobile device ownership experience, with consumers in the driver seat for the first time in the industry’s history. Leveraging the benefits of blockchain technology, TessaB enables consumers to more easily buy and sell their devices for what they’re worthon the secondary market. TessaB has created an onramp to cryptocurrency adoption, using our own TessaB digital assets (TSB) as incentive for and to facilitate participating in the TessaB ecosystem.
Eligibility to Use TessaB
TessaB reserves the right to refuse service, terminateyour account and/orUser access in its sole discretion and without cause.
In order to register with the Site and create anaccount, or be a User of the Platform, you represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Platform.
Your Promises of Conduct
When signing up for the Platform or Using the Platform, you must provide accurate and complete information and keep yourUser information updated. You shall not:
- select or use as a username a name of another person with the intent to impersonate that person;
- use as a username a name subject to any rights of a person other than you without appropriate authorization;
- use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your account, and for keeping your User password secure. You may never use another person’s User account or registration information for the Platform. You must notify us immediately of any change in your eligibility to use the Platform, breach of security or unauthorized use of your account. You should never disseminate or disclose login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
By accepting the ToS and using the Platform, you agree not to:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, profane, hateful or is racially, ethnically or otherwise objectionable as determined by us in our sole discretion, or otherwise violates the legal rights of others;
- you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party or violates any law or contractual duty;
- impersonates any person or entity, including any of our employees or representatives; or contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware, or telecommunications equipment.
You shall not: (i) take any action that imposes or may impose (as determined by us in our reasonable discretion) an unreasonable or disproportionately large load or burden on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; (v) harvest or scrape any Content from the Platform; or (vi) otherwise take any action in violation of the ToS.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Platform; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
We also reserve the right to access, read, preserve, and disclose information to the extent necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the ToS, including without limitation, investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support requests; or (v) protect the rights, property or safety of us, our Users and the public.
Pricing, Payments & Billing
The pricing structure set forth in TessaB’s Transaction Policyand applies to your use of the Platform.
Intellectual Property and Copyright.
The contents of the Platform, including the Platform’s look and feel, text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of data aggregated by or in connection with your use of the Platform (“Content”), are the property of IGWT Block, LLC and are subject to the copyright or other intellectual property rights of IGWT Block, LLCand/or to the terms of licenses held by IGWT Block, LLC. Such intellectual property is protected by federal and state law.
Subject to the ToS, we grant each user of the Platform a limited, worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of accessing the Site and using the Platform. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this Platform, or of any products or services sold by or throughTessaB.com, is strictly prohibited. You may copy information from the Platform only as strictly necessary for your own use of the Platform. Otherwise, no portion of the Platform may be reproduced, duplicated, copied, sold, resold, licensed, rented or otherwise exploited for any commercial purpose that is not expressly permitted by us. The commercial use or public dissemination of any information and data gathered from TessaB.com is strictly prohibited, unless specifically authorized in advance by us in writing. Any violation of the foregoing may subject you to compensatory and punitive damages, and shall specifically also entitle us to equitable relief, in addition to any other available remedies.
All Content added, created, uploaded, submitted, distributed, or posted to the Platform by Users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent and warrant that you have all rights to provide the User Content and grant the licenses set forth below, to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
License to TessaB
You grant to TessaB a limited, non-exclusive, non-sublicensable and non-transferable license to use any information disclosed to us, whether it is deemed User Content or information otherwise disclosed. In addition, TessaB shall be permitted to aggregate all such information for internal; provided any such information shall be de-identified.
Availability of Content
We do not guarantee that any Content will be made available on the Platformor through the Services. We reserve the right, in our sole discretion, to (i) remove, edit or modify any Content, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities that such Content infringes or appears to infringe on intellectual property rights owned by others or if we are concerned that you may have violated the ToS), for no reason at all; and (ii) to remove or block any Content from the Platform.
If you believe that any material contained in the Platform infringes your intellectual property, you should notify us of the alleged infringement in accordance with the following procedure: Send any notification of claimed copyright infringement to [email protected] To be effective, the notification must be in writing and include the following information: (i) physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; (ii) identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for us to locate the material; (iii) contact information of the notifying party, such as address, telephone number and email; (iv) a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and (v) a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
In the event that your account remains active for one year, your registration and ability to use the services provided by the Platform will terminate, and your rights to any unused TessaB digital incentives acquired through your use of the Platform will be permanently lost.
We may terminate your access to all or any part of the Platform with or without cause at any time. All provisions of the ToS which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, all applicable fees owed to TessaB, ownership provisions, warranty disclaimers, indemnity and limitations of liability.If we terminate your access to the Platform without cause, your rights to any digital incentives acquired through your use of the Platform will terminate 30 days after such termination without cause.
Account Termination for Cause
Limitations of Liability
Any material downloaded, accessed or otherwise obtained through the Platform, including any digital asset, is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, TESSAB AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (I) WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE PLATFORM, INCLUDING THE CONTENT, INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF; (II) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (III) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS TO OR USE OF THE PLATFORM. TESSAB PROVIDES THE PLATFORM AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND AS TO THE SECURITY, ADEQUACY, COMPLETENESS, SUFFICIENCY, TIMELINESS OR ACCURACY OF ANY CONTENT OR MATERIAL AVAILABLE IN OR THROUGH THE PLATFORM, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU HEREBY AGREE THAT ANY MONETARY CLAIMS OF ANY KIND ASSESSED AGAINST US OR OUR DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM SHALL NOT EXCEED (IN AGGREGATE) $500. IN NO EVENT SHALL WE OR ANY OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU, OR TO ANY THIRD PARTY, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, COMPENSATORY OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES OR OTHER MALWARE WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. TESSABCANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PLATFORM.
You agree to indemnify and hold harmless TessaB, our affiliates and each of our and their respective officers, members, directors, agents, and employees, from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your (or any third party using your account or identity in the Platform) use or misuse of the Platform, breach of the ToS, the Transaction Policy or the materials it incorporates by reference, or violation of any law, regulation, order or other legal mandate or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to and will assist and cooperate with us in asserting any available defenses.
Choice of Law
Arbitration and Class Action Waiver
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS, IF WE ARE A PARTY TO THE PROCEEDING.
This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the ToS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of Platform, the ToS, or the Transaction Policy must be filed within one (1) year after such claim or action arose or be forever banned.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will otherwise survive the termination of your relationship with us.
We use email to communicate with users. You hereby authorize and agree that we may communicate with you via email and you consent to receiving and giving any notice required under the ToS or any other agreement with us via email. We will use reasonable efforts to honor any request you may have to opt out from receiving emails, but under no circumstance will we have any liability for sending any email to user. Electronic notices should be sent to [email protected]
You may contact us at [email protected] or at the following address:
11 Vreeland Road
Florham Park, NJ 07932
Attention: Andrew Weisselberg
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