Terms of Service

ARENA CLUB TERMS OF SERVICE

PLEASE READ SECTION 15 OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.

These Terms are a legally binding contract (“Agreement”) between you and Arena Club. When we say “you” or “your,” we mean you individually and any legal entity exercising rights under this Agreement through you. When we say, “Arena Club,” “we,” “our,” or “us,” we mean Arenaclub.com, Inc.  

This Terms applies to any services or products offered by or on behalf of Arena Club including , but not limited to Slab Packs and the use of the Arena Club website (the “Site” and also the “Platform”) and grading of trading cards and other memorabilia by Arena Club; sales of memorabilia, trading cards, Digital Proof of Claims (“DPOCs”), that is, unique tokens stored on the blockchain representing an ownership claim on the underlying physical asset, or any other services offered by Arena Club (collectively referred to as the “Collectibles”).

These Terms of Service together with, as applicable, the Privacy Policy, the Frequently Asked Questions, and any other additional terms published on the Site or otherwise notified to You constitute a legally binding agreement between You and Us. You should read all of these documents carefully as each one forms part of the legally binding agreement between You and Us. By clicking on ‘Submit’ or ‘I Agree’ and accepting these Terms of Service, or by using the Services, You are also acknowledging and accepting this Agreement. Access to and use of the Services is governed by this Agreement.

1. Your Acceptance of These Terms

This section describes how these Terms form a binding contract between you and us. By accessing and/or using the Service, you agree to be bound by this Agreement and any policies or guidelines incorporated by reference into this Agreement (which will become part of the Agreement). If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and/or use the Service. You represent that you have the authority to bind yourself to this Agreement.

2. The Services

We offer an online marketplace for buying, selling and trading, through which collectors, investors and other people who are interested in trading cards, memorabilia, and other collectables can engage in a unique, Blockchain-powered marketplace to display and monetize cards quickly and securely. We also offer “Vault” services, that is, a physical safety vault whereby We will securely hold custody of Registered User’s collectible trading cards (the “Cards”). Arena Club does not take ownership of Registered User’s collectible trading cards stored in its vault. We also offer Card grading services (“Grading”), using proprietary mixtures of AI, computer vision and machine learning technologies. Those and other functionalities provided from time to time shall hereinafter be referred to as the “Services”.

For purposes of these Terms, a “Registered User” is an individual who has created a user account on the Site (the “Account”) and registered to use the Services, a “Seller” is a Registered User who is vaulting, selling or trading a Collectible, and a “Buyer” is a Registered User who is vaulting, buying or trading a Collectible.

Upon receiving a card from a Seller, when Grading, Arena Club will utilize an AI-powered algorithm to assign a grade and mint a unique DPOC in association with the Card. As part of Our Services, We also use commercially reasonable efforts to confirm authenticity and grade the condition of the Cards listed for sale on the Services.

Arena Club agrees to use industry standard measures to ensure the physical integrity and security of all Cards against theft, destruction, and the unauthorized introduction of harmful or dangerous materials. Such measures may include, but are not limited to, physical or electronically enabled security of Our Vault and restrictions on access of unauthorized personnel. We agree to maintain an insurance policy covering Our Vault with a coverage amount sufficient to cover the Registered User’s currently vaulted Cards up to the aggregated market value of each Card.

In the event that You cease to interact with Our marketplace for a continuous period of 12 months, We will undertake every available measure to establish communication with You, using all contact information You have provided to Us. This can include, but is not limited to, telephone calls, emails, and even physical mail, if applicable. Should We, despite Our dedicated efforts, fail to receive a response from You within 3 months from Our initial outreach attempt, You hereby agree and acknowledge that all assets held within Our marketplace including, but not limited to, vaulted Cards will be forfeited.

Slab Packs is a feature provided by the Services that enables You to purchase Collectibles sold together as a group referred to herein as a “Slab Pack”. A  Buyer is made aware of both the Cards which may be included in a Slab Pack and the probability of receiving any specific card, but the buyer does not know exactly which Cards will be included in a Slab Pack until the Slab Pack is purchased. While the aggregate market value of each Slab Pack may vary, the purchase of a Slab Pack is a FINAL SALE and We cannot accept returns or issue refunds for Slab Pack purchases. Slab Packs are virtual packs of physical graded cards or ‘slabs’ that you can purchase and open on Arena Club. Packs are revealed digitally and the cards are added to your showroom. From there, you can sell, trade, or retrieve the physical slab.  Slab Pack might be shut down or terminated at anytime even before all cards are distributed. When We run out of inventory to support pack composition the Slab Packs can be terminated even if the grail(s) have not distributed.

Arena Club’s “Buyback Program” offers You the opportunity to resell Your Slab Packs to Us at a predefined portion of the initial purchase price, known as the “Buyback Price”. By participating, You incur an additional fee, the “Buyback Premium”, a set percentage of the Slab Pack price. The Buyback Premium enables You to sell back Your Slab Pack to Us at the Buyback Price. Opt into the Buyback program by selecting the premium at checkout.  After revealing your slabs, you will have the opportunity to sell back your Slab Pack™ for a percentage of the price you paid less the premium. Decide within 20 minutes if you want to keep it or sell it back.

Upon Your enrollment in the Buyback Program during Your Slab Pack purchase, Arena Club places an authorization hold on Your credit card. This hold, covering the total Slab Pack cost plus the Buyback Premium, is not a charge, but rather is a temporary fund reservation, assuring Your commitment to the purchase. Should You choose to sell back the Slab Pack, the initial hold is adjusted to reflect the Slab Pack price plus the Buyback Premium less the Buyback Price. If You retain the Slab Pack or miss the 20-minute decision window (defined below), the hold converts into a definitive charge, encompassing the total Slab Pack price plus the Buyback Premium.

Your decision to sell back Your Slab Pack must occur within 20 minutes of starting Your Slab Pack reveal. This reveal process must be completed. Failing to decide within this period or prematurely closing the reveal results in You automatically keeping the Slab Pack.

Please read this Agreement carefully as it, to the extent legally allowable in your jurisdiction, requires you and Arena Club to resolve most disputes solely through arbitration on an individual basis and not as a class arbitration, class action, any other kind of representative proceeding, or by jury trial. Arena Club will not be liable for any loss or damage arising from your failure to comply with the Agreement.

You may only use the Service if you comply with the law and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account or other legal or investigatory action.

In connection with using and/or accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the forgoing, you will not do any of the following in connection with your use of the Service:

• Post any User Content (each as defined below) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior, or otherwise act in a manner that is abusive or not within the spirit of Arena Club;
• violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by Arena Club in its sole discretion, that may be applicable to your use of the Service;
• create any derivative works of, modify, or reverse engineer any part of the Service;
• interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying our Service or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service;
• promote any illegal activity or enterprise;
• stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone;
• copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service;
• sell or transmit anything you do not have a right to sell or transmit under law or existing relationship;
• pose a privacy or security risk to the Service or any User;
• infringe anyone’s intellectual property, such as by posting counterfeit products for sale through the Service;
• spam any Users with email, junk mail, fraud, schemes, or the like;
• collect or harvest any information or data from Arena Club’s systems or attempt to decipher any transmission to or from the servers running the Service;
• use the contact information of any User of the Service (including Buyers) for any purposes other than in relation to: (a) receiving the Service and (b) any transactions between Users;
• use the Service in any way that is contrary to Arena Club’s public image, goodwill, or reputation;
• express or imply that any of your statements, activities, or causes are endorsed by Arena Club, without Arena Club’s prior written consent in each instance. Notwithstanding the foregoing, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to Arena Club’s prior written consent in each instance;
• create multiple account to evade punishment or avoid restrictions;
• transmit or upload viruses, worms, or otherwise interfere with the Service; and/or
• take any action or inaction which Arena Club, in its sole judgment, believes is questionable or could cause harm or liability.

Arena Club may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Content, or Users, including termination of your Account and/or preservation of such information for investigative purposes. Enforcement of this Section 4 is solely at Arena Club’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

3. Eligibility and Your Arena Club Account

This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with accurate information.

a. Service Not for Minors

You may not use the Service if you are 18 years of age or older.

b. Provide Accurate Information

You need to create an account with Arena Club to access and/or use certain features of the Service (“Account”). You must provide accurate information about your identity and must not provide any false information or impersonate another person through your Account. Arena Club reserves the right to verify the account information you provide (“Account Information”). Upon Arena Club’s request, you will promptly provide requested verification documentation, including identification documents, or proof of address. The name on your Account will be considered the Account owner. If you do not provide the information requested or if you provide inaccurate information, Arena Club may, in its sole discretion, terminate your Account.

c. Protect Your Password

You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security.

d. Your Responsibility for Your Account

You are solely responsible for any activity on your Account.

e. Account Transfers

You cannot transfer or assign your Account to a third party without prior written consent from Arena Club. Arena Club may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account under any circumstances.

f. Fees

Arena Club will charge fees for grading, vaulting, withdrawals of Cards from vaults, trading, selling and buying of Cards from registered users (the “Fees”); said fees to be indicated or updated from time to time to the Registered User through the Site.

g. Counterfeiting

We take counterfeiting, fraud and market manipulation very seriously. We reserve the right to investigate violations of these Terms or conduct that affects the Services, and to consult and cooperate with law enforcement authorities to prosecute Registered Users who violate applicable laws. We may also monitor the integrity of the marketplace offered by the Services and take steps to protect it in Our sole discretion. If You receive a Card purchased on the Services that You believe to be counterfeit or otherwise in violation of these Terms, please contact Us as soon as possible but in no event later than ten (10) days after receipt. You agree to cooperate with Us in any investigation conducted by Us, as reasonably requested to you.

4. Your Privacy

For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy.

5. Sellers Use of Services

All Sellers must submit Cards to Our Services that are authentic and that You actually own and/or are otherwise authorized to sell. We do not endorse any Sellers or Buyers or Traders. We reserve the right to conduct an identity verification check on You, either directly or through a third party service provider but We are not required to conduct such an identity verification check.

Sellers are required to send their Cards to Us for Grading or send in cards that have been graded by a reputable company and assignment of a DPOC. If We grade Your Cards, We will generate a unique DPOC identifier for the Cards and place each Card in a tamper resistant case emblazoned with a QR code that links to the DPOC. Following these steps, Arena Club will either (i) store Your Cards in Our Vault, on Your behalf, or (ii) return the Cards to the Seller. Please refer to the FAQ for more information on how to send Us Your Cards. You are solely responsible for any loss or damage to Your Cards until they are received by Us. We reserve the right to reject a Card for any reason in Our sole discretion, including but not limited to, if We cannot reasonably confirm its authenticity or if it is damaged beyond what We consider is gradable. We will notify You if We reject Your Card and return any rejected Card to You at Your expense.

Arena Club utilizes Stripe, a third-party payment processor, to handle all payment transactions on our platform. In order to receive payouts for your card sales on Arena Club, you must register and maintain an active account with Stripe Connect. By registering with Stripe Connect, you agree to comply with Stripe’s Connected Account Agreement and Privacy Policy.

Please refer to the FAQ for more information on how We verify authenticity and grade the condition of different types of Cards. We will grade the Cards in Our sole discretion. By sending Your Cards to Arena Club, You agree and accept the Grading process provided by Us.

As a Seller, You authorize Arena Club to receive and disburse Buyer funds on Your behalf. To the extent required by applicable law, each of You and Arena Club agrees to and acknowledges the following: (i) Arena Club shall comply with instructions provided by You on where to transfer payments made by Buyers for Cards purchased from You; (ii) there is no risk of loss to the Buyer making a purchase if Arena Club fails to provide the payment funds to You; (iii) Arena Club’s receipt of payment is considered receipt of payment by the Seller; and (iv) You are aware that Arena Club acts as an agent for the purposes of the holding, receiving and disbursing payments made by Buyers for Cards purchased from You. Arena Club does not otherwise act as Your agent or other representative. If a Buyer buys a Card listed by You, this transaction will be between You and the Buyer only.

You agree to pay the Fees for each Card submitted to Arena Club. You can request Us to return any Card You own and is stored in the Vault at any time. We currently only ship to addresses in the US. Please refer to the FAQ for more information on shipping, including associated shipping and handling fees.

Arena Club Auctions are virtual events where physical trading cards are sold to the highest bidder in real-time. Since all cards are held in our vault, there are no shipping delays. Once you win and pay, the card is instantly transferred to your online collection.

6. Buyers Use of Services

As a buyer, in addition to the terms and conditions laid out in our general terms of service, the following provisions are applicable specifically to you:

• You affirm that you possess legal authority and capacity to conduct transactions and agree to maintain accuracy in providing your financial information.
• You understand that all purchases made through the Platform are definitive, non-reversible, and non-refundable, unless explicitly stated otherwise in our refund policy.
• You agree to respect the seller-buyer relationship facilitated by Arena Club, acknowledging that the transaction is an agreement between you and the respective seller.
• You acknowledge that Arena Club makes every feasible effort to grade and authenticate cards sold through our platform, employing rigorous processes to ensure the highest level of integrity in all transactions. However, despite our best endeavors, we cannot offer an absolute guarantee on the authenticity of any cards purchased. It is the buyer’s responsibility to consider this when making a purchase.
• You are responsible for ensuring compliance with all relevant local, national, and international laws pertaining to the purchase, ownership, and use of the cards acquired via our platform, including any associated tax obligations.
• You understand that if we detect any violation of these terms, we reserve the right to restrict, suspend, or terminate your access to our buying services without prior notice.
• You recognize that Arena Club may report any suspicious activity, particularly those violating any law or regulation, to law enforcement officials, regulators, or relevant third parties at our discretion.

Consult FAQ section for further details about the purchasing process, including payment options, shipping and handling, and our dispute resolution policy. By utilizing our services as a buyer, you hereby agree to abide by these conditions.

7. Your Use of Mobile Devices and Other Third-Party Software

You can access the Service through a mobile device, but you will be responsible for any associated fees from your wireless provider. If you use any third-party software, including Apple software, in connection with the Service, then you must comply with such third party’s terms and conditions.

a. Your Responsibility for Mobile Fees and Costs

When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You are solely responsible for such fees and will be solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s terms and conditions.

b. Your Use of App Store Software Applications

To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third party application marketplace, you acknowledge and agree that these Terms are solely between you and Arena Club and that between the marketplace provider and Arena Club, Arena Club is solely responsible for the Service, content, maintenance, support, and addressing any claims relating thereto, including product liability, legal compliance, and intellectual property infringement. In addition, if you access the Service through our iOS application, please review the Apple End User License Agreement.

8. Your Content

You are responsible for the Content (as defined below) you post through the Service and represent that you own the Content or have the right to use the Content. While you continue to own all your Content, you license the Content to us for our use, including to operate the Service and for our marketing purposes.

a. Your Content is Your Responsibility

You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, and/or submit (“Post”) to or through the Service (such Content Posted by Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties in Arena Club’s sole discretion. Arena Club has no control over or liability for how other Users may use your User Content.

b. You License Your Content to Us

By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to Arena Club and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Arena Club, your User Content in connection with (i) the operation of the Service or any other products or services of Arena Club or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content.

c. Your Content Must Not Infringe Intellectual Property Rights

You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. Arena Club will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.

You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Arena Club with respect to such User Content.

d. Your Content Is Public

You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) Arena Club will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service.

e. Share Your Thoughts and Ideas

We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”), provided by you to Arena Club will not be confidential or proprietary, and Arena Club shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Our Intellectual Property Rights

We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our name and logo.

Arena Club retains all rights to our intellectual property. This includes the Service Content (as defined below) as well as the Arena Club name, logos, product or service names, slogans, trade dress, and any other Arena Club trademarks or service marks (“Arena Club Trademarks”). Other than Third Party Content (as defined below), all Content on the Service including its look and feel (“Service Content”) is owned by Arena Club or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Arena Club retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Arena Club Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Arena Club. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.

10. Intellectual Property Complaints

You may notify us if you believe your work has been infringed on the Service.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

If you believe that anything on our Service infringes any of your intellectual property rights, including copyright that you own or control, please use our IP reporting form here or you may notify our designated agent at: [e-mail].

If you are submitting a notice under the DMCA, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our services is infringing, you may be liable to us for certain costs and damages.

11. Third-Party Services and Content

You may access or use services or content provided by third parties when using our Service. Arena Club is not responsible for such third party services or content, and third-party services will be governed by such third parties’ terms and conditions and policies.

a. Your Access to Services of Third Parties

The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Arena Club platform (“Third Party Services”). For example, social networks you connect your Account to under the Sharing Settings page are Third Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. Arena Club does not control or endorse, and makes no representations or warranties regarding, any Third Party Services, and your access to and use of such Third Party Services is at your own risk. The terms of this Agreement and the Arena Club Privacy Policy do not apply to your use of any such Third Party Services. You are solely responsible for your access or use of such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. Arena Club may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice.

The Service may provide you with access to YouTube through an application programming interface or API. YouTube is a Third-Party Service, and if you access or use YouTube’s services through the API you agree to abide by, the YouTube Terms of Service.

b. Third Party and User Content

The Service contains images, descriptions and other Content posted by third parties including Users (“Third Party Content”). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement.

Arena Club will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third Party Content. You acknowledge that Arena Club has no obligation to review, screen, or inspect any Third Party Content on the Service. However, Arena Club reserves the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third Party Content, including risks related to accuracy, completeness, or usefulness.

12. General Terms and Restrictions

We reserve the right to suspend, modify, remove and/or add to any of the Services (collectively, a “Change”) in Our sole discretion with immediate effect and without notice, and will not be liable for any such action . We forbid the use of all unfair practices when using the Services. We do this to protect Our customers and the integrity of the Services. We forbid the posting of any prohibited third party content on Our Platforms. We reserve the right to suspend Your use of certain of the Services on Our Platforms from time to time for any reason or no reason. No communications or information published on the Services is intended to constitute legal or tax advice and We accept no liability for any reliance on such content.

a. When using Our Services, You agree to the following:

• You may not copy, distribute, access, or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
• You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
• You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access the Site or to extract data;
• You may not use automated bots or other software to send more messages through Our Site than humanly possible;
• You may not use the Site on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Site or any portion of it;
• You may not access Our Site in an attempt to build a similar or other competitive product;
• You may not use the Site in an unlawful manner;
• You may not take any action that imposes, or may impose at Our sole discretion, an unreasonable or disproportionately large load on Our infrastructure;
• You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Site;
• You may not impersonate any person or entity or misrepresent Your affiliation with a person or entity;
• You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using Our Site;
• You may not violate any requirements, procedures, policies or regulations of networks connected to Arena Club;
• You may not sell, lease, loan, distribute, transfer, or sublicense the Site or access to it or derive income from the use or provision of the Site unless enabled through the functionality of Our Site;
• You may not interfere with or disrupt the Site;
• You may not violate any US state or federal laws or regulations and You solely are responsible for such violations;
• You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
• You agree that You will not hold Arena Club responsible for Your use of Our Site; and
• You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of Our Site, including the de-indexing or de-caching of any portion of Our Site from a third party’s website, such as by requesting its removal from a search engine.

b. Service Fees

If You are discovered to be undertaking any of the aforementioned actions Your privileges to use Our Site may at Our discretion, be terminated or suspended. Additionally, if We believe that Your actions may harm Us or a third party We may suspend or terminate Your use of the Site. Generally, We will provide an explanation for any suspension or termination of Your use of any of Our Site, but Arena Club reserves the right to suspend or terminate any account at any time without notice or explanation.

You can register for the Service for free, but Arena Club will charge certain fees for various transactions you may complete through the Service and for certain other services Arena Club may provide as set forth in our Fee Policy (which is incorporated by reference into this Agreement). All amounts are quoted in US dollars unless otherwise stated. We may change or discontinue, temporarily or permanently, some or all fees for the Service, without notice and at our sole discretion, and such changes will be effective upon our revision of the Fee Policy.

c. Taxes

Arena Club’s vault is in Oregon, where there’s no sales tax. Some states, though, require sales tax if items are shipped out of Oregon when purchased. We ask for your vaulting preference before you buy cards. If you intend to temporarily store your cards in the vault, sales tax won’t be collected. However, if you intend to have them shipped immediately, sales tax will be collected based on your billing address. If you choose to initially vault but later decide to ship your cards right away, you might still need to pay sales tax depending on your state. Check with a tax advisor if you’re unsure.

d. Escheatment

It is the User’s sole responsibility to update payment Account Information to receive any redeemable funds. After a period of statutory required account dormancy, Arena Club will escheat any unclaimed funds to the relevant government authorities as necessary and may charge a dormancy fee when such a fee is allowed by applicable rules and regulations.

e. Blockchain Disclaimer

Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of DPOCs. Transactions in DPOCs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in DPOCs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that You initiated the transaction.

You agree and understand that You are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for Yourself, and that We do not give advice or recommendations regarding DPOCs, including the suitability and appropriateness of, and investment strategies for, DPOCs. You agree and understand that You access and use this Site at Your own risk; however, this brief statement does not disclose all of the risks associated with DPOCs and other digital assets. You agree and understand that We will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using DPOCs, however caused.

All DPOCs are stored on and accessible through a blockchain. Arena Club maintains custody of Registered User wallets, and thereby maintains control over the secondary transfer, storage, ownership, burning and maintenance of the DPOC.

Various jurisdictions tax crypto currency operations, including the sale of DPOCs, as capital gains, sometimes levied per each single transaction or trade. You have reviewed with your own tax advisors the U.S. federal, state, local and foreign tax consequences of matters related to Our Services and the transactions contemplated within the Agreements. In particular, You understand that a trade or sale of Cards may likely be considered to be a taxable event to the Seller. With respect to such matters, You rely solely on your own tax advisors and not on any statements or representations by Us or any of Our agents, written or oral. You understand that You (and not the Company) shall be responsible for Your own tax liability that may arise as a result of the transactions contemplated by the Agreements. We do not offer any type of tax or fiscal counseling and nothing herein shall be construed to the contrary.

13. Limitation of Liability and Warranties

We provide the Service on an “as-is” basis and make no other warranties or representations with respect to the Service or your use of the Service. We have no liability for certain types of damages and limit our liability for other types of damages.

a. Warranty Disclaimer

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT ARENA CLUB PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ARENA CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARENA CLUB MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

ARENA CLUB MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE.

b. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL ARENA CLUB, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES OF EACH (THE “ARENA CLUB PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE— FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, OR ANY ITEMS YOU PURCHASE OR SELL THROUGH THE SERVICE, WHETHER OR NOT A ARENA CLUB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT; TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE ARENA CLUB PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS/FEES THAT YOU HAVE PAID TO ARENA CLUB AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM OR (2) ONE HUNDRED U.S. DOLLARS (USD $100).

THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE ARENA CLUB PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

14. Indemnification

If we get sued because of something you did, then you agree to defend and indemnify us.

You agree to release, indemnify, and hold harmless and, upon Arena Club’s request, defend the Arena Club Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (i) your access to or use of the Service, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (v) your violation of applicable laws. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

15. Disputes with Arena Club

We hope to amicably resolve any disputes with you, so we strongly encourage you to first contact our support team at [e-mail]. Any unresolved dispute will be settled by binding arbitration.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ARENA CLUB TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ARENA CLUB FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ARENA CLUB AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ARENA CLUB AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

Please read carefully the following arbitration agreement (“Arbitration Agreement”). It requires you to arbitrate disputes with Arena Club and limits the manner in which you can seek relief from us.

• Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Arena Club, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Arena Club may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

• Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at [e-mail]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Arena Club will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

• Waiver of Jury Trial. YOU AND ARENA CLUB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

• Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in San Francisco, California. All other disputes, claims, or requests for relief shall be arbitrated.

• 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to [e-mail] within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the Wallet address used to connect to the Service (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

• Severability. Except as provided in subsect (e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.

• Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at [e-mail] and expressly opting out of this Arbitration Agreement.

16. Governing Law and Venue

This Agreement and any disputes between you and us will be governed by California law, and any disputes not subject to arbitration must be filed in the courts located in Los Angeles County, California.

This Agreement and all Claims will be governed by the laws of the State of California without giving effect to its principles regarding conflicts of law. If any Claim is not subject to arbitration pursuant, then the state and federal court located in Los Angeles County, California will have exclusive jurisdiction over the Claim. You and Arena Club waive any objection to venue in any such courts. Notwithstanding the foregoing, Claims that qualify for small claims court in the county where you live may be brought in such small-claims courts. You acknowledge that the Service originates from the United States and agree to comply with all export laws and regulations of the United States.

17. Suspending, Terminating, or Modifying your Access

You may terminate your Account at any time. We may suspend or terminate your access to the Service or your Account at our discretion, including if we suspect you are engaging in fraud, abuse, or illegal activity. If your account is not active for one year we may terminate your account at that time.

a. Termination of your Account by You

You may terminate your Account at any time.

b. Suspension or Termination of your Account by Us

We may suspend or terminate your Account at our discretion without explanation, notice, and liability to Arena Club, including removing and discarding any Items or Content within the Service, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

c. Suspension, Termination, or Modification of the Service

Arena Club may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud, (ii) to address potential illegal activity, or (iii) to otherwise comply with applicable laws and regulations.

d. Effect of Suspension or Termination

The Service will not be accessible or available to Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Arena Club are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative accounts or continuing to access the Service from another User’s account.

Arena Club will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service.

18. Changes to This Agreement

We may update this Agreement at any time by posting updated Terms. You will be responsible for reviewing any updated Terms. If you do not agree to the updated Terms, then you may not continue to use the Service.

We may update this Agreement, and all related Policies, from time to time by posting updated Terms on the Service. When we make changes to the Terms, we will update the above “Last Updated” date. We may provide you additional notice of the changes through the Service or through email. Changes will be effective upon posting unless otherwise stated. You are responsible for reviewing the changes, and your continued use of the Service constitutes your acceptance of the updated Terms and the amendment of the Agreement. If you do not agree to abide by these or any updated Terms, you must not use or access the Service.

19. Miscellaneous

This section describes certain other rights and responsibilities you have under this Agreement.

a. Trade and Economic Sanctions and Export Controls

The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws and that you will be solely responsible for any such violation to the extent permitted by law. You represent that you are not: (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service.

b. Electronic Communication and Documentation

When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication.

c. Severability and No Waiver

The unenforceability of any provision of this Agreement will not, affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it, will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law.

d. Headings and Interpretation

The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.

20. Terms Specific to Your Geographic Location

If you are a User in California, then certain provisions apply with regard to applicable laws.

Notwithstanding anything to the contrary in the Agreement, the following takes precedence with respect to Users in California.

California Civil Code

Under California Civil Code Section 1789.3, Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at [phone] or [phone].

21. Our Notices to You and Contact Information

This section describes how and where Arena Club and you may contact each other.

Notices

You agree that we will provide notices and messages to you within the Service or if required, via email or regular mail. You may provide Arena Club notice, and such notice will be deemed provided once received by Arena Club, addressed via mail to the address noted in the below “Contact Us” section.

Contact Us

Please contact us with any questions or comments about the Service at: [e-mail].

Date of last effective update is November 11, 2024.

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