Terms & Conditions
Blockchain Miners Club (“BMC”) is a collection of digital artworks (non-fungible tokens or “NFTs”) running on the Ethereum network.
This website is for informational purposes only. Users are entirely responsible for the safety and management of their own private wallets. The BMC contract runs on the Ethereum network and there is no ability to undo, reverse, or refund any transactions.
This website and it's connected services are provided "as is" and "as available" without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving BMC.
By visiting the website of any NFT trading platform, such as www.opensea.io, you also engage and agree to be bound by their terms and conditions.
By agreeing to these Terms of Service (“ToS”), you represent that you are at least the age of majority in your state or province of residence. You may not use our products and/or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By using our website (www.blockchainminers.club) you agree to the terms and conditions below.
- The name and Intellectual Property involved in the BMC NFT Project is owned by the team at BMC Ventures, Inc. All rights that are not specifically granted to the users and owners of “Miners” below are reserved by the team or potential future endeavors. This includes, but is not limited to, the intellectual property rights surrounding the images, names, logos, trademarks, other versions of BMC Miners, website, the smart contract code, or anything else not specifically granted by any following licenses.
- Commercial Use. By holding an NFT on the BMC website (or purchasing one on a secondary sale site, such as Opensea.io), you have purchased a BMC NFT. With this NFT, you can show it off, use it as your profile picture (“PFP”), sell it, and even merchandise it through the sale of physical merchandise or using your NFT in a new piece of art you create. Once you sell your NFT, or get rid of it in another manner, you are no longer the owner of said BMC NFT and can no longer monetize the artwork associated with your previous BMC NFT.
- The user shall not use any of BMC’s Licensed Materials in connection with any material, which is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations and you shall indemnify and defend BMC against any claims, damages, proceedings, loss or costs arising from such use. User shall not use the BMC Licensed Materials in any way that could be construed as being adverse or derogatory to the image of BMC or any of its subjects featured in the NFTs.
- Community Rewards Program
- Eligibility: To participate in the Program, you must be a verified owner of an “OG” or “Ultra” miner.
- As a Program member, you will be able to vote on a portion of BMC’s community rewards wallet (taken from a portion of secondary sales and BTC mining);
- Voting is limited to topics selected by BMC. Proposals are welcomed, but BMC reserves the right to make the final decision on all voting topics. Voting occurs at BMC’s sole discretion when a vote is needed. The voting period is generally forty-eight (48) hours, but is subject to change and at BMC’s sole discretion.
- Community Rewards Wallet: The allocation from the Rewards Wallet will be used to purchase items (such as mining equipment, NFTs, etc.) to enrich the community.
- Bitcoin Mining: Bitcoin (BTC) miners have been purchased for the Community to allow for additional benefits from the Community Rewards Wallet. The community as a whole pays for the hosting fees associated with bitcoin mining. These fees are paid out from the Community Wallet.
- $HASH: $HASH tokens will be used to reward NFT owners for their active participation in the BMC platform, akin to a “loyalty program.” $HASH is a non-refundable functional utility token which will be used as the medium of exchange between participants and BMC on the BMC platform. BMC may at any time regulate, control, modify, and/or eliminate the platform currency and/or $HASH as we see fit, at our sole discretion. $HASH tokens are NOT an investment and have NO economic value.
- Earning $HASH: Each BMC Ultra Miner NFT Holder will be able to claim ten (10) $HASH tokens for every day the Holder owns a BMC Ultra Miner. It is up to the Holder to claim the available tokens. If the NFT is sold with unclaimed tokens, the new NFT owner will be able to claim the rewards.
- Transaction Fee(s): Claiming $HASH tokens may result in a transaction fee. Holders are responsible for the payment of any transaction fees associated with the claiming of any tokens.
Modifications. Depending on the direction and growth of our project we have the rights to change and modify our roadmap to fit current situations. We also reserve the right, in our sole discretion, to modify this Agreement.
Taxes. You are responsible for any tax liability which may arise from minting or reselling your BMC NFT or any other forms of gains from sain NFT.
BMC Is Not Intended as an Investment. BMC is not an investment vehicle. BMC NFTs are seen as a collectible item. We make no promises or guarantees that these NFTs will be worth anything you or the market believe, nor grant any right to perceive financial benefits or governance over the project. We will grow our project and do what we can to help improve our project to the best of our ability by bringing as much intangible value to the project. Please understand that the price of these NFTs have no intrinsic value and should be treated as nothing more than a collectible. Note that the NFT market is highly volatile and that your NFT may lose all its value.
Gambling. BMC NFT holders agree not to utilize the BMC platform, the BMC website, or other related services to engage in any lottery, contests, sweepstakes, or other games of chance.
No Guarantees. By owning a BMC NFT you agree that you are not relying on any future commitments. The only guarantee offered is that with your exchange of funds, you will receive one BMC NFT. The prices of blockchain assets are extremely volatile and we cannot guarantee purchasers will not lose money.
Minors. BMC is a project aimed at people over the age of eighteen (18), or above the legal age of your jurisdiction, whichever is greater. By using this website or our minting website you agree you are of the legal age. You further represent that your access and use of the front-end interface will fully comply with all applicable laws and regulations and that you will not access or use the front-end interface to conduct, promote, or otherwise facilitate any illegal activity. Furthermore, you represent that neither you nor any entity you represent are included in any trade embargoes or sanctions list (“Subject to Restrictions”), nor resident, citizen, national or agent of, or an entity organized, incorporated or doing business in such territories (“Restricted Territories”).
Users’ Responsibilities. As a Holder, you are solely responsible for the safety of your NFTs that are attributed to your wallet, including proper management and safety, including the implementation of relevant security measures of any wallet used to store your NFTs.
Please note that the decentralized nature of distributed ledger technology (such as the Ethereum Network) makes it impossible for us to reverse, cancel, undo or otherwise alter any transaction and/or transfer. You are solely responsible for any transaction requested through your wallet.
- THE BMC PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BMC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE BMC PLATFORM. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. BMC MAKES NO REPRESENTATION OR WARRANTY (A) THAT THE BMC PLATFORM WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE BMC PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE BMC PLATFORM OR THE SERVERS OR NETWORKS THROUGH WHICH THE BMC PLATFORM ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BMC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE PLATFORM OR IN ITS CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE PURCHASE OF A BMC NFT IS FOR ENTERTAINMENT PURPOSES ONLY. ANY ECONOMIC BENEFIT DERIVED FROM OWNERSHIP OF A BMC NFT AND/OR $HASH TOKEN(S) IS PURELY COINCIDENTAL.
- ASSUMPTION OF RISK: YOU ACKNOWLEDGE AND AGREE THAT THE RESALE VALUE OF BMC NFTs, LIKE ALL NFTs, IS VOLATILE, SPECULATIVE, AND SUBJECT TO FLUCTUATION, AND THAT YOUR BMC NFT SHOULD THEREFORE NOT BE CONSIDERED AN INVESTMENT, AND YOU DO NOT CONSIDER IT AN INVESTMENT. YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH ANY CHANGE IN THE VALUE OF YOUR BMC NFT. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE ETHEREUM NETWORK, INCLUDING WITHOUT LIMITATION RISKS POSED BY DISRUPTIONS TO SERVICE, HARDWARE AND SOFTWARE FAILURES, INTERNET CONNECTION FAILURES, MALWARE, AND UNAUTHORIZED ACCESS TO YOUR WALLET BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR CONTENT ON THE BMC SITE OR BMC PLATFORM IS ADVICE OR AN INVITATION TO ENTER INTO AN AGREEMENT FOR ANY INVESTMENT PURPOSE, NOR IS IT AN OFFERING OF SECURITIES OR AN INVITATION TO PURCHASE SECURITIES, SHARES, OR ANY OTHER FINANCIAL PRODUCTS. BMC IS A CREATOR OF ART, IT HAS NOT BEEN REGISTERED OR APPROVED BY ANY FINANCIAL REGULATOR. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR PURCHASE OF BMC NFTs IS IN COMPLIANCE WITH APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT NEW GOVERNMENTAL OR FINANCIAL-INDUSTRY REGULATIONS COULD AFFECT THE VALUE OF YOUR BMC NFT OR YOUR ABILITY TO RESELL IT, AND YOU ASSUME ALL RISKS ASSOCIATED THEREWITH.
Privacy. When you use the front-end interface, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and token identifiers. We do not collect any personal information from you. We do, however, use third-party services like Google Analytics, which may receive your publicly available personal information. We do not take responsibility for any information you make public on the Ethereum blockchain by taking actions through the front-end interface.
Disputes. If a dispute arises out of or relates to these ToS (including any dispute as to breach or termination of the ToS or as to any claim in tort, in equity or pursuant to any statute) a Party to the Agreement may not commence any court or arbitration proceedings relating to the dispute unless it has complied with the following procedures (excluding the party seeking urgent interlocutory relief):
- A Party to this Agreement claiming that a dispute ("the Dispute") has arisen under or in relation to this Agreement must give written notice to the other Party to this Agreement specifying the nature of the Dispute.
- On receipt of that notice by that other party, the Parties to this contract must endeavor in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed to them.
- If the parties do not agree within ten (10) days of receipt of the notice (or such further period as agreed in writing by them) as to:
- the dispute resolution technique and procedures to be adopted;
- the timetable for all steps in those procedures; and
- the selection and compensation of the independent person required for such technique; the dispute shall be submitted to mediation.
- A mediator will enable the parties to mediate and settle the dispute. All discussions in the mediation will be without prejudice and will not be referred to in any later proceedings. The Parties will bear their own costs in the mediation and will equally share the mediator's costs.
- If the dispute is not resolved under clause (C) within a further 30 days after the appointment of a mediator, any party may then require the dispute to be referred to arbitration. If this clause is invoked:
- the arbitration will take place in the State of California;
- the award in the arbitration will be final and binding on the Parties; and
- the prevailing party shall be entitled to reasonable attorney’s fees and costs.
Governing Law. These ToS shall be governed by and construed in accordance with the laws of the state of California.
Severability. If a court or other body of competent jurisdiction finds any provision of these ToS, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the ToS, and the remainder of the ToS will continue in full force and effect.
Contact Information. If you have any questions, would like to provide feedback, or would like more information about BMC, please feel free to contact us at firstname.lastname@example.org.