A. By participating in the Program, Referrers agree to: (i) Be bound by these Terms and Conditions, the decisions of MyBlockX and its designees, and the Privacy Policy of MyBlockX; and (ii) Defend, indemnify, release and hold harmless MyBlockX, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward).
B. MyBlockX shall not be liable for:
- Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
- Computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
- Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program;
- Claims, demands, and damages in disputes among Referrers or between Referrers and Friends; or
- Any other injuries, losses or damages of any kind resulting from participation in the Program, that were not reasonably foreseeable to MyBlockX at the relevant time.
C. MyBlockX disclaims any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, exploit, computer problem, unauthorized intervention or other cause beyond MyBlockX’s control corrupt the administration, security or proper operation of the Program.
D. MyBlockX shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity, including the Ontario Securities Commission (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
E. MyBlockX reserves the right to cancel or suspend the Program should MyBlockX determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MyBlockX EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.