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Please contact contact@bluechip.org if you have any questions, concerns, or suggestions about this Agreement or about the Website.
This User Agreement and general terms and conditions ("Agreement") governs your access to and use of our website and any associated content, features, and/or forums (the "Website"). The Website is administered and maintained by BRC Bluechip Ratings FlexCo, based in Vienna ("Bluechip", "we", "us" or "our"). The term "you" or “User” refers to the person visiting the Website.
This Agreement applies to the free content and features of the website as well as the paid premium content and features.
Please read this Agreement carefully as it contains important information regarding your rights and obligations. Each time you access the Website, you irrevocably agree to comply with the version of the Agreement posted on the Website. You may not use the Website if you do not agree to this Agreement.
To access or use the Website, you must be at least of legal age in your respective jurisdiction. You must not use the Website if we have terminated any account of yours, banned you from use of the Website, or you are otherwise not permitted to use the website based on this Agreement.
You may need to register for an account on the Website in order to use and/or access some features. When you create an account, you represent and warrant that you are at least of legal age in your respective jurisdiction, you are capable of entering into and performing legally binding contracts under applicable law, and that all information which you provide is accurate, up-to-date, truthful and complete. You are solely responsible for all activities under your account. We will not be responsible in any way if your password and/or account are misappropriated or used by a third party.
Users who are not consumers within the meaning of the Austrian Consumer Protection Act and who make a binding declaration to this effect towards Bluechip (“Customer”) have the option of concluding a separate paid usage agreement with Bluechip for access to additional premium information and functions on the website.
A description of the additional services can be found here:
Bluechip-Pro uses the Stripe platform as its payment service provider. Its terms and conditions can be viewed at this link:
Stripe Services Agreement — Österreich
Termination
The Agreement for the use of Bluechip-Pro is concluded for an indefinite period and may be terminated by either party at any time by giving one month's notice to the end of the month in writing by email.
This does not affect mandatory statutory termination rights, in particular the right to extraordinary termination for good cause.
Billing and Payment Terms
Fees are billed either monthly or annually in advance based on the currently valid price list. Invoices are sent electronically to the email address provided by the Customer. Payment is due within 14 days of invoicing without deduction.
In the event of late payment, interest on arrears at the statutory rate and any reminder and collection costs necessary for appropriate collection shall be charged.
Distance and Off-Premises Selling Act (FAGG) Right of Withdrawal
If the User is a consumer within the meaning of the Austrian Consumer Protection Act, they have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days from the date of conclusion of the contract.
To exercise the right of withdrawal, the customer must inform the provider of their decision to withdraw from the Agreement by sending a clear statement by email.
If the User has used the service during the withdrawal period, he must pay a reasonable usage fee.
The provisions of the Consumer Protection Act (KSchG) and the Distance and Off-Premises Sales Act (FAGG) do not apply to this Agreement if the services are provided exclusively to entrepreneurs within the meaning of § 1 Austrian Business Code (UGB).
Indexation
The agreed fees are subject to annual indexation. This is based on the consumer price index published annually by Statistics Austria or a substitute index. The starting point is the index value for the month in which the contract was concluded.
If this index increases or decreases, the fees shall change by the same percentage. Changes shall take effect at the beginning of the month following the publication of the new index value.
We are committed to protecting your personal information and helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy, as it provides details on how your personal information is collected, stored, protected, and used.
In connection with your access and/or use of the Website, you hereby declare binding that you will refrain from the following, either directly or indirectly (e.g. through aiding and abetting, instigation, or support):
violate any law, statute, ordinance, or regulation;
defraud Bluechip or other users;
enter or provide false, inaccurate, or misleading information;
transmit or upload any virus, worm, or other malicious software or program;
attempt to gain unauthorized access to the Website or other users’ accounts;
defame, harass, or violate the privacy or intellectual property rights of Bluechip or any other users;
upload, display or transmit any messages, photos, videos or other media that contain illegal or copyrighted images or materials;
use data mining, crawling, scraping, robots, or similar automated methods to collect or extract data from the website, or otherwise unlawfully copy parts of the website;
make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Website; and
restrict, inhibit or interfere with access and/or use of the Website by any other user.
You agree to indemnify and hold Bluechip, its affiliated companies, and each of their officers, directors, agents, representatives, advisors and employees harmless from any claim or demand (including attorneys’ fees, any losses, loss of profits, fines, fees or any other penalties) arising out of your breach of this Agreement, your violation of any law or regulation or your use of the Website. For the purpose of this Agreement, the term "losses" means all net costs reasonably incurred by us or the other persons referred to in this section arising out of the matters and actions referred to in sections 5 through 7 and relating to claims, demands, causes of action, debts, costs, expenses, or other liabilities, including reasonable legal fees.
The website is strictly for informational purposes only.
Nothing contained on the website constitutes an offer of tokens or investment advice by Bluechip or a recommendation by Bluechip regarding a strategy for purchasing and/or holding tokens, nor must it be construed as such. the content of this website should not be considered as sufficient information upon which to base a decision to purchase any specific token. No content on the website is tailored to the specific needs of any individual, entity or group of individuals. Bluechip does not express any opinion as to the future or expected value/value creation of any token. Bluechip does not explicitly or implicitly recommend nor suggest any strategy for the purchase, sale and/or holding of tokens.
The website may include inaccuracies or errors. Bluechip does not guarantee the accuracy, completeness, timeliness, security, availability or integrity of the website including the content and information contained therein and disclaims and rejects all liability for errors or any other inaccuracies or omissions relating to the website or the content contained and information contained therein. Bluechip makes no representations regarding the suitability of the website or its content, or that the website will function without interruption or in connection with any software, service, system or other data or information. The website and all content are provided "as is" without warranty of any kind. Bluechip hereby disclaims all warranties, conditions, guarantees and liabilities of merchantability, fitness for a particular purpose, freedom from legal defects and non-infringement of third-party rights.
You expressly declare and agree that Bluechip, its affiliates and all of its officers, agents, representatives, consultants and employees shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Bluechip has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, arising from or out of the use, availability, or any other matter/aspect of the website and the content and information contained therein.
In no event shall Bluechip, its affiliates, and all of its officers, directors, agents, representatives, consultants and employees be liable to the user for any claims, legal costs, liabilities, obligations, damages, losses or costs exceeding 100.00 (one hundred) Euros. This limitation of liability reflects the allocation of risk between the parties. the limitations set forth in this section 7 shall remain valid and applicable even if any limited remedy set forth in this agreement has failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the website or with this agreement, your sole and exclusive remedy is to discontinue using the website.
Finally, it is expressly stated that the information and content on the website are for informational purposes only and do not constitute a basis for investment or other investment decisions. Past performance and developments are no indication of future performance or developments.
At any time and in Bluechip's sole and absolute discretion, Bluechip may modify, suspend or discontinue the Website or any of its content without prior notice, for any reason whatsoever. Bluechip shall have no liability to you or to any third party for any such modification, suspension or discontinuance.
Bluechip may amend any portion of this Agreement at any time by posting a revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Website after the initial posting of the revised User Agreement. In the event that you do not agree with any such modification, your sole and exclusive remedy is to stop using the Website.
You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement.
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access the Website solely for approved purposes and use them for non-commercial purposes as determined by Bluechip. Any other use of the Website is expressly prohibited. Bluechip and its licensors reserve all rights in the Website and any content contained therein, and you agree that this Agreement does not grant you any rights in or licenses to the Website or its content except for the limited license set forth above.
Unless expressly authorized by Bluechip, you agree not to reproduce, modify, reverse engineer, copy, frame, scrape, rent, lease, lend, sell, distribute, or create derivative works from the website or its content and databases, either in whole or in part.
Automated retrieval of the content and information of the website, its content, and database works is not permitted.
If you violate any portion of this Agreement, your permission to access and use the Website may be terminated pursuant to this Agreement. All right, title, and interest in and to the Website, and all technology and any content created or derived from it is the exclusive property of Bluechip and its licensors.
The Website may contain direct or indirect references (links) to third-party websites. The use of any links to third-party websites is at the user’s own risk. Bluechip does not monitor or control third-party websites and makes no warranties or representations regarding these third-party websites and the content, information, references, etc. contained therein. Bluechip merely provides access to third-party websites via links but has no influence on the current and/or future content or design of such websites. Insofar as such links are provided by us, they are for user convenience only, and a link to a third-party website does not mean that we recommend, sponsor, or are affiliated with that website or the products and information contained therein.
This Agreement is governed exclusively by Austrian law, excluding its conflict of laws provisions and excluding the UN Convention on Contracts for the International Sale of Goods. For all legal disputes arising from or in connection with this agreement, or relating to its conclusion, breach, termination, or invalidity, the parties agree to the exclusive jurisdiction of the court with subject-matter and local jurisdiction for Vienna City (Wien, Innere Stadt).
The failure of Bluechip to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. Should any provision of this agreement be or become wholly or partially ineffective, unenforceable, or invalid, this shall not affect the effectiveness, enforceability, or validity of the remaining provisions. In place of the ineffective, unenforceable, or invalid provision, a valid, enforceable, or valid provision shall be deemed to have been agreed upon that most closely corresponds to the economic content and meaning and purpose of the ineffective, unenforceable, or invalid provision; the same shall apply mutatis mutandis to any gaps in the agreement.
The headings and explanatory texts are for reference purposes only and do not define, limit, interpret, or describe the scope or extent of the respective section in any way. This Agreement constitutes the entire Agreement between you and Bluechip with respect to the use of the website.
This Agreement is not intended and shall not be construed to create any rights or remedies for any parties other than you and Bluechip, and no other person may assert any rights as a third-party beneficiary under this agreement.