The Platform is an online gaming ecosystem that includes (i) a cryptographic wallet software used in and part of (ii) one or more interactive games. Broadly speaking, each game or application within the Platform is a distributed application that is running on the Solana Network, using specially-developed blockchain programs which enable users to interact with digitally rendered assets and items within the Platform. The Platform’s distributed technology also enables users to own and transfer other digital assets within each game. These assets can then be visualized on a website that the user can interact with or bought and sold among users. Any information we provide on the of Platform, such as pricing, listing, and sourcing is for informational purposes. Also, Company has no control over and provides no guarantees related to: the existence, accuracy, quality, safety or legality of items advertised or user content; the ability or legal standing of sellers to sell items; the ability of buyers to pay for items; or that any user will complete a transaction or return an item. Items for sale can include physical goods and services, as well as digital items such as non-fungible tokens (“NFTs”), blockchain programs, cryptocurrencies, and other digital-based goods (collectively, “Digital Assets”). Some Digital Assets may relate or interface with distributed applications (“Dapps”) and the Solana blockchain.
LICENSE AND ACCESS
Some Digital Assets sold or created on the Platform may include NFTs. When obtaining, selling, or purchasing an NFT, you agree and understand what characteristics NFTs have and how the following terms apply to their sale. An NFT is a digital tool that can, but does not always, represent real-world objects such as photographs, videos, writings, or music. NFTs are usually built using similar technology to digital currencies. But, while digital currencies are usually fungible, NFTs usually are not. Each NFT is coded into a blockchain and contains built-in methods for evidence of authentication and proof of ownership. When you buy an NFT, the terms of your purchase, and the rights you actually purchase and own, may be limited by the terms or technology of the underlying NFT. It is up to you to confirm your understanding of what you are selling or buying and the license you are receiving which is determined by the seller in its sole discretion. The license to any purchased NFT is a matter between the seller and buyer, and Company is not a party to the licensing transaction. All licenses and all ownership interests in any Digital Asset, such as NFTs, shall pass directly from seller to buyer.
You further understand that blockchain transactions are usually not reversible. You understand that NFTs and other Digital Assets may only exist by virtue of the ownership record maintained on a blockchain, and further that blockchain programs are conducted and occur on decentralized ledgers. Company has no control over and makes no guarantees or promises with respect to such blockchain programs or the functioning of such blockchain or the persistence, or lack thereof, of the NFT or related content. In cases where a transaction involving a Digital Asset is revealed to be fraudulent or illegal or an infringement, or a buyer or seller acts fraudulently or illegally or in an infringing manner, then the defrauded or injured buyer/seller shall have no recourse against Company, but solely against the respective seller/buyer.
Sellers of Digital Assets are responsible for providing all necessary information in compliance with all applicable law and regulations regarding such Digital Assets in applicable listings on the Platform.
When you use our services or send emails, text messages and other communications from your desktop or mobile device to us, you will be communicating with us electronically. You consent to receive communications from us electronically via emails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ACCESSING THE PLATFORM AND ACCOUNT SECURITY
We will use commercially reasonable technical and physical safeguards to make the Platform securely available to its users. However, given the inherent risk of transmitting information over the internet, we will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users. You are responsible for making all arrangements necessary for you to have access to the Platform.
Company reserves the right to implement fees associated with the use or and participation in the Platform. In the event users are charged fees, they may utilize payment methods such as the following (depending on availability): credit cards, debit cards, certain cryptocurrencies, and USDC. Company may modify the type of payment methods available to you at its own discretion. Any contract for the purchase of goods/services between a buyer and seller in the Platform will be directly concluded by that buyer and seller, even if Company provides payment-related services to assist in concluding the purchase.
Users wishing to receive funds as part of any Platform transaction must have a financial account on file that is operable to receive funds. Financial accounts include (depending on availability): bank accounts, blockchain addresses, and similar methods of receiving payment. Company may modify the type of financial accounts available to you at its own discretion.
In order to transact with or within the Platform, you may be required to provide us with all necessary information for the purposes of: verifying your identity, complying with applicable laws, managing settlements of your purchases, and assessing fraud and risk. For individuals, this information may include your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification, among other points of verification. For businesses, this information may include full business name, address, phone number, entity type, bank account information, tax identification number, and formation documents, among other points of verification. In addition, businesses may be required to provide details regarding your beneficial owner(s), director(s), officer(s), authorized representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification, among other points of verification.
We may use third-party payment services providers to assist us in providing payment capabilities, and we may process your data and transfer it to these third parties. You hereby explicitly consent to: our use of such third-party service providers, the outsourcing of services to them, and the related transfer and processing of your data.
You authorize Company and our affiliates to verify information you provide to us, such as by verifying the existence of your bank account and obtaining reports from third-party sources, such as anti-money laundering, know-your-customer service providers. We reserve the right to close, suspend, or limit your account or rescind your access to the Platform in the event we are unable to obtain or verify any of this information. You agree that Company is not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.
You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with your payment methods. You understand that some third parties, including payments services providers and others, may have their own applicable terms and conditions for the payment methods you choose to use. Failure to follow such third-party terms and conditions may result in fees assessed to you (for example, credit card currency conversion fees) or other actions taken by such third parties, and you agree that Company has no control over, or responsibility or liability for, such fees or actions.
In any jurisdiction where Company has an obligation to collect sales taxes on sales you make using our Platform, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.
We may display third-party advertisements (including links and references thereto) or other content in any part of our Platform, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
Use of the Platform may carry financial and legal risk. Digital Assets, such as tokens, cryptocurrencies, and NFTs, are a novel and relatively experimental technology. Their value, if any, can fluctuate with great volatility, and transactions conducted with Digital Assets are irreversible. Digital Assets and blockchain programs are typically described using extremely technical language that is difficult to understand and requires a deep knowledge of cryptography and computer science. Functionality made available on the Platform may have inherent design flaws that have not been detected in testing or may not perform as expected in conjunction with third-party technology or high-volume use. You should carefully consider whether you have sufficient understanding of the technology and the applicable law before accessing or using the Platform. The Platform uses gossip, virtual voting and hashgraph mechanisms to measure consensus. These technologies and platforms may have unique benefits, limitations, advantages and disadvantages. It is up to you to understand these factors.
By accessing or using the Platform, you hereby represent that you have the requisite knowledge and experience to evaluate the risk of the technology you are using and any transactions you undertake, and you accept the risk that the Platform might not function as anticipated and that you might lose access to your Digital Assets temporarily or permanently.
You acknowledge the importance of the security measures we put in place with regards to purchases, payment methods, and financial accounts, and agree to comply with them. If you become aware of an unauthorized payment transaction or of a delayed or incorrectly executed transaction, you must notify us immediately.
The Platform may contain, message boards chat rooms, links to social media or personal web pages or profiles, forums, bulletin boards, FAQs and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, advise or transmit to or communicate with other users or other persons regarding (hereinafter, “post”) content or materials or listings such as NFTs or in-Platform items and related content (collectively, “User Contributions”) on or through the Platform.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to you, or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” includes copyrights, trademarks, tradenames, trade dress, service marks, patents, patent applications, provisionals, continuations, continuations-in-part, trade secrets and any similar intellectual property, creator or moral rights in any applicable jurisdiction.
When you provide User Contributions using our Platform (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, sublicensable (through multiple tiers) right to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), publish and distribute your User Content and otherwise exercise any and all Intellectual Property Rights you have in your User Content in connection with our provision, expansion, and promotion of the Platform, in any media known now or developed in the future. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw such User Content or attempt to make a charge for the use of such User content. You warrant and represent that you are the exclusive copyright and holder of all Intellectual Property Rights in relation to the submission and that the submission in no way breaches the rights of any other person or entity. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Company, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Platform.
You agree not to use the Platform:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to attempt to circumvent any Platform security or access controls or to interfere with the operation of the Platform;
- to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- to transmit or exchange goods, services, or payments or Digital Assets that are the direct or indirect proceeds of any illegal, criminal or fraudulent behavior;
- in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
- in combination with any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- in combination with any manual process to monitor or copy any material on the Platform or for any other unauthorized purpose without our prior written consent;
- in combination with any device, software or routine that interferes with the proper working of the Platform;
- to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- to infringe the patent, trademark, copyright, moral, database, publicity and/or other intellectual property rights of third parties or that belong to or are licensed to Company;
- to persuade or attempt to persuade (including procuring others to persuade) other users to share any account information;
- to run or attempt to run any types of games of chance whether in the Platform or in the real world using any part of the Platform (including any in-game currencies associated with the Platform);
- to obtain information about another user and use such information for any purpose other than the intended uses of the Platform, unless given consent by said user; or
- to otherwise attempt to interfere with the proper working of the Platform.
- to engage in any practice that aims to manipulate the outcome of any Aurory match, including, but not limited to; match-fixing, win-trading, or collusion between players.
- to use multiple accounts under the same IP address to qualify for multiple leaderboard rewards.
When setting up an account for a Platform service or application, you may be asked to choose a username that will be used to identify you to other users. For example, an Aurory Project character name. You must not choose a username that infringes the rights of any third party, impersonates Company staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified in the applicable rules relating to the Company product. We reserve the right (at our sole and absolute discretion), to change any username for any reason or take such other action as we believe appropriate.
MONITORING AND ENFORCEMENT
We have the right to:
- remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- disclose your information to any third-party claiming that your User Contribution violates their rights, such as intellectual property rights or right to privacy;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; or
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on or through the Platform and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If a Platform user issue arises, we may consider a variety of factors, including specific circumstances regarding the issue, or a user’s performance history, in applying our policies. In our effort to do the best thing for Platform users, we may decide to be more lenient with policy enforcement. The foregoing does not limit our right to refuse, modify, or terminate all or part of our services to anyone, or to terminate this agreement with any user, for any reason in our sole discretion.
These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- be likely to deceive any person or impersonate any person or misrepresent your identity or affiliation with any person or organization; or
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
When listing an item for sale or license on our Services, you agree to comply with Company’s Listing Standards, set forth below:
- You assume full legal and financial responsibility for the item offered and the accuracy, legal compliance, and content included with the listing and for the terms of sale, license and offer language, and blockchain programs used.
- You represent, covenant, and warrant that you own or lawfully possess all the intellectual property, use of likeness, and other rights in the item or content listed for sale such that you are in full legal compliance worldwide and not infringing on third-party rights of any kind.
- You represent, covenant, and warrant that the offer or sale of your item does not constitute a security or an illegal lottery or a deceptive, unfair, or illegal business practice.
- Your listing may not be immediately searchable by keyword or category for several hours (or days in some circumstances). Company does not guarantee exact listing duration.
- Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Company, in its sole discretion.
- Content that violates any Company policies may be modified, obfuscated or removed at our sole discretion.
- We may revise product data associated with listings to supplement, remove, or correct information.
- You agree not to market, sell, offer for sale, or otherwise engage in transactions related to child pornography.
- We strive to create a Platform where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, seller ratings, Company policy compliance, feedback, and defect rate; and
- number of listings matching the buyer’s query.
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
- Some advanced listing upgrades will only be visible on some portions of the Platform.
- Duplicate listings may also affect whether your listing appears in search results.
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
- For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Company may require the use of certain payment methods. For example, for inventory covered by authentication services, buyer and sellers may be subject to escrow and/or payment handling requirements.
You will not sell and will promptly remove all listings for any product if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency applicable to you. Company has no responsibility or liability for the legitimacy, validity, existence, of any product that is listed or sold through the Platform.
When purchasing an item for sale on our Platform, you agree to comply with Company’s purchase standards for buyers, set forth below:
- You are responsible for reading the full item description before committing to buy and you are fully responsible for legal compliance and paying any applicable taxes.
- You enter into a legally binding contract to purchase an item when you commit to buy an item for buy-now listings, or you have the winning bid (or your bid is otherwise accepted) for auction listings.
- Unless the Company is the seller, we do not transfer legal ownership or license of items from the seller to you. Legal transfer or license is affected by the seller.
- California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) as applicable apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. We do not warrant that product descriptions or other content on the Platform are accurate, complete, reliable, current or error-free. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform, or by anyone who may be informed of any of its contents.
This Platform may include, or link to, content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements and/or opinions expressed in such materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE PLATFORM
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. We reserve the right to withdraw or amend this Platform, and any service or functionality, including blockchain program functionality, we provide on the Platform, in our sole discretion without notice. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. In the event of a change in the operation of the Platform, you agree we may temporarily or permanently suspend our operations without liability to you.
ADDITIONAL TERMS AND CONDITIONS
LINKING TO THE PLATFORM
You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Platform may provide certain features that enable you to: link from your own or certain third-party Platforms to certain content on this Platform; or cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party Platforms. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- establish a link from any Platform that is not owned by you;
LINKS FROM THE PLATFORM
The Platform may contain links to other sites and resources provided by third parties, such as advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.
DISCLAIMER OF WARRANTIES
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, HACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, ANY THIRD-PARTY LINKS ACCESSED THROUGH OR IN CONJUNCTION WITH THE PLATFORM, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY BLOCKCHAIN PROGRAMS OR DISTRIBUTED APPLICATIONS EXISTING ON OR CONNECTING TO THE PLATFORM, ANY LOSS OF FUNDS OR COLLATERAL, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR ITS CONTENTS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you have a dispute with one or more users, you release Company (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
11.1 Informal negotiations
11.2 Binding Arbitration
If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AA rules or applicable law, the arbitration can take place in the British Virgin Islands. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the British Virgin Islands, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Site, the App and the blockchain programs be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
11.3 Exceptions to the Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
DIGITAL MILLENNIUM COPYRIGHT ACT
DMCA Notice: We strive to comply with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Platform if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Platform in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: firstname.lastname@example.org