ARENA CLUB TERMS OF SERVICE
IMPORTANT - PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THE AGREEMENT (AS DEFINED BELOW) AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, ADDITIONAL TERMS, TRANSACTION DATA, AND PAYMENT METHODS RELEVANT TO YOUR USE OF OUR PLATFORMS AND/OR SERVICES (AS EACH SUCH TERM IS DEFINED BELOW). THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AT ANY TIME (AS SET OUT BELOW). BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THE AGREEMENT WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THE AGREEMENT WITHOUT MODIFICATION, DO NOT ACCEPT THESE TERMS OF SERVICE AND DO NOT ACCESS OR USE THE SERVICES (AS DEFINED BELOW). IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, PLEASE SEEK INDEPENDENT LEGAL COUNSEL BEFORE AGREEING TO THESE TERMS OF SERVICE OR ACCESSING OR USING THE SERVICES.
IMPORTANT - THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED BELOW.
This Agreement applies to the any services or products offered by or on behalf of Arenaclub.com, Inc. (“Arena Club”, “AC”, “We”, “Us” or “Our”) including, but not limited to the following: 1) use of the AC website (the “Site” and also the “Platform”); 2) grading of trading cards and other memorabilia by AC; 3) sales of memorabilia including without limitation, Digital Proof of Claims (“DPOCs”), that is, unique tokens stored on the blockchain representing an ownership claim on the underlying physical asset, trading cards or any other services offered by AC. As used in this document, the terms “You” or “Your” refers to you, any entity You represent, Your or its representatives, successors, assigns and affiliates, and any of Your or their devices.
APPLICABILITY OF AGREEMENT
By using the Services and/or by acknowledging that You have read this Agreement when You register to join and/or by clicking on the 'Submit' or 'I Agree' button when You install any of the software relating to the Services provided via the Platforms, or when You register for Your Account, You agree to comply with this Agreement, and You acknowledge that Your failure to comply with this Agreement may result in the freeze, closure or inaccessibility of Your Account. You acknowledge that if You accept this Agreement, We will start providing You with the benefit of the Services immediately.
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”). AC 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 DPOC, and a “Buyer” is a Registered User who is vaulting, buying or trading a DPOC.
Upon receiving a card from a Seller, when Grading, AC 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.
AC 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 Cards sold together as a group referred to herein as a “Slab Pack.” Intended to evoke the excitement of Card collecting in the early days, the 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 range from the price paid to substantially greater than the price paid, due to the nature of the Slab Pack and the collectable Cards therein, the purchase of a Slab Pack is a FINAL SALE and we cannot accept returns or issue refunds for Slab Pack purchases.
AC 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.
LEGALITY OF USE OF THE SERVICES
You may only use the Services if You are 18 years of age or over and a United States resident. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. We are not responsible for Your compliance with applicable laws. Any use of the Services is at Your sole option, discretion and risk. By accessing the Site and using the Services, You acknowledge that You do so at your own free choice and therefore, do not find the Services to be offensive, objectionable, unfair, or indecent in general.
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.
TRUE IDENTITY AND ONE ACCOUNT
The name on Your Account must match Your true and legal name and identity and the name on Your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies into Your Account. To verify Your identity, We reserve the right to request satisfactory proof of identity (including, but not limited to, copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including, but not limited to, a recent utility bill or bank statement) at any time. You consent to have Your age and identity verified by Us. Failure to supply such documentation may result in suspension of the Account. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud Us, We reserve the right to cancel any transaction related to said known or suspected fraud attempt. If You have lost Your Account name or password, please contact Us for a replacement.
You are prohibited from providing AC with personally identifiable information of persons under the age of thirteen (13) without the consent of their parents or legal guardians. AC does not knowingly collect any kind of information from any person under the age of thirteen (13).
In compliance with the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505 ‘COPPA’, if We learn or have reason to suspect that any user or that any client, project or customer data appertains persons under the age of thirteen (13), We will freeze and/or delete any information under that user’s account, without prior notice and without responsibility.
YOUR USE OF THE SERVICES
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.
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 AC;
- 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 AC 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.
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 AC reserves the right to suspend or terminate any account at any time without notice or explanation.
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, AC 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 gradeable. We will notify You if We reject Your Card and return any rejected Card to You at Your expense.
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 AC, You agree and accept the Grading process provided by Us.
As a Seller, You authorize AC to receive and disburse Buyer funds on Your behalf. To the extent required by applicable law, each of You and AC agrees to and acknowledges the following: (i) AC 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 AC fails to provide the payment funds to You; (iii) AC’s receipt of payment is considered receipt of payment by the Seller; and (iv) You are aware that AC acts as an agent for the purposes of the holding, receiving and disbursing payments made by Buyers for Cards purchased from You. AC 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 AC.
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.
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 our 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 AC, acknowledging that the transaction is an agreement between you and the respective seller.
- You acknowledge that AC 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 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 AC may report any suspicious activity, particularly those violating any law or regulation, to law enforcement officials, regulators, or relevant third parties at our discretion.
Please consult our 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.
COPYRIGHT AND TRADEMARKS
The terms Arenaclub.com, AC, Arena Club, Arena, any other marks used by Us are the trademarks, service marks and/or trade names of AC, one of its subsidiaries or associated companies, and/or its licensors. Further, all other material used by Us, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by AC, one of its subsidiaries, and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without AC's written permission.
In compliance with the Digital Millennium Copyright or ‘DMCA’, We inform You that Arenaclub.com, Inc. is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing. For more information, including detailed information about how to submit a request for takedown if You believe content on AC infringes Your intellectual property rights, please contact Us. You can review the current DMCA text at the U.S. Copyright Office website.
AC takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the AC upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of You or of any third party. You must notify Us of Your claim with the email subject: "Takedown Request". Once received, AC will study and consider Your claim and, if it believes or has reason to believe any content on the AC infringes on another’s copyright, AC may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) Your signature and identification, or the ones of the person authorized to act on behalf of You or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that You have a good faith belief that the information provided in Your claim is true and accurate.
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, We will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.
To file a Counter Claim Notice, please contact Our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that We may have or have removed from Our AC and section or domain it was displayed; (ii) contact information, such as Your address and Your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that You swear, under penalty of perjury, that You have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
Please be reminded that DPOCs are new and untested technology, and thus there are material levels of uncertainty and technical capabilities regarding the implementation and enforcement of centralized copyright rules and laws.
ELECTRONIC SERVICES PROVIDER
In order to use the Services, You will be required to send money to and may be required to receive money from Us. We may use third-party electronic payment processors and/or financial institutions (the “ESPs”) to process such financial transactions. You irrevocably authorize Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
In the event We use such ESPs and/or financial institutions to process payments made by and to You, or otherwise accept Your use of any particular payment method, in connection with Your use of the Services, We shall have no responsibility for the acts or omissions of the third party providing such payment processing or payment method prior to Our receipt of funds or after We initiate a transfer of funds (as applicable). You agree that You shall look exclusively to the ESP or financial institution in the event of any payment processing or other payment method related disputes and not to Us.
You hereby appoint AC as Your payment agent when You provide a payment credential to Us, and therefore You acknowledge and agree that We will be permitted to use, collect and process that payment credential in order to process payments, charges and fees of AC.
For payments by credit or debit card, We will have the right to obtain a pre-approval from the issuer of the card for an amount which may be a low verification amount or as high as the full price of the payment. In such case, Your card will be charged when You initiate a payment on AC, and if You cancel a transaction before it can be completed, the security pre-approval may cause those charges to be available to You on Your account’s limit.
Payment processing services for Registered Users on Arena Club are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Registered User on Arena Club, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Arena Club enabling payment processing services through Stripe, You agree to provide Arena Club accurate and complete information about You and Your business, and You authorize Arena Club, if required to by law, to share it and transaction information related to Your use of the payment processing services provided by Stripe.
USER AND THIRD PARTY CONTENT
Abusive or offensive language will not be tolerated on Our Platform, or otherwise by You on the Platforms, Services, AC’s social media, or with AC’s staff. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the AC's operation in any media or forum. In accordance with the terms of Our User and Third Party Content policy, We may reject or delete any text, files, images, photos, video, sounds, or any other materials posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements. Any violation of Our User and Third Party Content policy may result in removal of the User or Third Party Content, a suspension of Your use of the Services and/or such other action as may be reasonably required by Us to ensure compliance.
User’s ability to submit or transmit any information through the Site, including but not limited to data, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that We are not required to host, display, migrate, or distribute any of Your User Content and We may refuse to accept or transmit any User Content. You agree that You are solely responsible for any User Content submitted and You release Us from any liability associated with any User Content submitted. We take no responsibility for any User Content submitted to the Site and make no endorsements related to any User Content, whether express or implied. Any User Content found to be in violation of this Agreement or that We determine to be harmful to the Site may be modified, edited, or removed at Our discretion.
When submitting any User Content to Our Site, You represent and warrant that You own all rights to the User Content, You have paid any fees to use or license the User Content, or You otherwise have the permission and right to use any User Content. Furthermore, You represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations. When You submit any User Content to Us, You grant AC, its partners, affiliates, Users, representatives, and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of Your User Content for any purpose deemed by Us. Additionally, You grant to AC a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Site any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the operation of Our Site.
When submitting any User Content, You represent and warrant the following: You agree that User Content submitted is lawful, truthful, accurate, up to date, and not misleading; You agree not to submit any User Content that contains any confidential information; You agree not to submit any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, economic status, nationality, veteran status, or sexual orientation/gender identity; You agree not to submit any User Content that is considered spam; and You agree not to submit any User Content that may be considered: bullying, illegal, misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If You have violated any of Our User Content Guidelines or if We believe that any User Content may harm the Site, Your access to the Site may be suspended or terminated. Where You believe any users have abused the Content Guidelines, please contact Us.
Lastly, You hereby grant AC an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that You provide to AC regarding the Site and Services.
We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus We cannot guarantee the confidentiality of any User Content.
It is made note for clarity that AC shall have the right, but not the obligation, to monitor all User Content on the Site, at its sole discretion. For example, We may remove User Content if We believe that any User Content may harm Us or Our business interests or violate any United States’ laws or regulations. We have no obligation to retain or provide You with copies of any User Content after Your termination of this Agreement.
All Users are solely responsible for any User Content submitted to the Site. User Content and other information and recommendations on this Site are presented in good faith and believed to be correct. However, AC makes no representations or warranties, either express or implied, as to the completeness, accuracy or timeliness of any of any User Content on the AC Site or on any websites which are linked to the Site. AC also does not make any representations that any information, services, User Content, or products mentioned on the Site are fit for any particular purpose.
You acknowledge and agree that We may report any activity that We believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of Your access to the AC and Our Services.
NO SPAM POLICY
We reserve the right to screen any User Content to locate and delete any spam or deceiving coupon, code, offer or link to any third party product or service. In compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, We will not tolerate, nor We will allow others to undertake though Our Site, Services or AC, any and all massive delivery of unsolicited bulk communications to Our users or to any third party.
Any commercial electronic communication that You receive from Us, Our partners, licensors, suppliers and affiliates will require Your prior consent to such communication. Our commercial communications will include measures in order for You to stop receiving them, usually through an unsubscribe link.
DISCLOSURE OF ACCOUNT NAME AND PASSWORD
The Account user name and password selected when You register for an Account should not be disclosed to any third party. You are solely responsible for the security of Your Account name and password, and all activities that occur under Your Account name and password.
You agree to keep Your Account name and password secret, secure and confidential and not to allow anyone else to use it. You are prohibited from allowing any other person access to or use of Your account. Every person who identifies themselves by entering a correct username and password is assumed by Us to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorized use or misuse of Your login details. We shall not be required to maintain Account names or passwords. If You have lost Your Account name, username or password, please contact Us for a replacement. If You misplace, forget, or lose Your Account name, username or password as a result of anything other than Our error, shall not be liable.
FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS
We have a zero tolerance policy towards fraudulent activity. If, in Our sole determination, You are found to have attempted to defraud Us or any other user of any of the Services in any way, or if We suspect You of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits failed to be honored by Your bank for any reason, We reserve the right to suspend and/or close Your Account, retain the proceeds resulting from fraudulent activity or theft to pay for resulting loss or damages, and/or recover bad debts to the fullest extent permitted by law, using any method(s) lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to You. You can be assessed chargebacks for: (i) payment disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with ESPs processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the ESPs handling the transaction.
When a chargeback is issued, You are immediately liable to AC for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by Our payment processor or the financial institutions handling the transaction). Accordingly, You hereby represent and warrant that You expressly appoint AC as Your agent, with full power to recover these amounts by debiting Your Account or setting off any amounts owed to You by Us.
If We are unable to recover funds related to a charge-back for which You are liable, You will pay Us the full amount of the chargeback immediately upon demand; thus You agree to pay all costs and expenses, including without limitation, costs assessed by Our ESP, legal fees and other legal expenses, incurred by or on behalf of Us in connection with the collection of any unpaid charge-backs unpaid by You.
FORFEITURE & ACCOUNT CLOSURE
WE RESERVE THE RIGHT, IN OUR SOLE, ABSOLUTE AND UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF AC AND, IN THE CASE OF YOUR USE OF THE SERVICES, TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY BALANCES IF:
- You are in breach of any of these Agreements;
- We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);
- You have 'charged back' or denied any of the purchases or deposits that You made to Your Account;
- You become bankrupt or analogous proceedings occur anywhere in the world; or
- Upon instruction of an appropriate law enforcement agency or regulatory body.
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. AC 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.
You are entitled to close Your Account and terminate these Agreements for any reason or no reason on seven (7) days’ notice to Us by withdrawing the entire balance from Your Account and sending a letter or email or telephoning Us using the details at 'Contact Us' section of the Site. We will respond within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by Us. If Your Account has been closed there remains a balance, any balance will be distributed within 7 days of the account closure, provided that the account was closed on good faith belief. In the case that Your Account was closed due to suspicious or fraudulent activity, We may refund or refuse to refund any monies contained in Your Account in Our sole and absolute discretion.
We are entitled to terminate these Agreements on seven (7) days’ notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email as soon as reasonably practicable and, unless there are pending or unresolved issues, refund the balance of Your Account.
LIMITATIONS AND EXCLUSIONS
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE.
YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, EPIDEMIC OR PANDEMIC, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
YOUR ACCESS TO THE SERVICES AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS OR HARDWARE RELATING TO THE SERVICES WE MAKE AVAILABLE FROM BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS. MALFUNCTION MAY VOID ANYTRANSACTION OR PAYMENT.
WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SOFTWARE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE DAMAGES, ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, DAMAGE FOR, BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS (INCLUDING LOSS OF OR FAILURE TO RECEIVE ANTICIPATED PROFITS), REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY OR CONSEQUENTIAL LOSS (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.
WE (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, ESP, PAYMENT PROCESSOR, FINANCIAL INSTITUTION OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE, TO RECEIVE FUNDS FROM US, OR PROVIDE PAYMENT PROCESSING OR OTHER SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY DPOCS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF DPOCS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR DPOCS.
DPOCS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE POLYGON NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT AC CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DPOC .
NEITHER WE (NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SOFTWARE OR THE SERVICES.
NEITHER WE (NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS RELATING TO PAYMENT PROCESSING BY A THIRD PARTY ESP OR FINANCIAL INSTITUTION.
LIMITATION OF LIABILITY
If You suffer a loss or damage as a result of AC’s negligence or failure to comply with this Agreement, any claim by such user against Us will be limited in respect of any one incident, or series of connected incidents, to the amount of ten thousand ($10,000.00) United States Dollars.
These Terms provide You with specific legal rights, and You may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to indemnify, defend and hold Us, and Our directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Software or the Services, Your connection to the Platforms or the Services, Your violation of the Agreements, or Your infringement of any intellectual property or other right of any other person or entity.
NO ARRANGEMENTS FOR PROHIBITED PERSONS/EXCLUDED PERSONS
You acknowledge that We are a United States company. As such, We are: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury and (ii) must exclude or eject any "excluded persons" that are listed on the "exclusion list." You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to use the Services or the Software.
NO REPRODUCTION OR RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platforms, the Software or the Services, use of the Platforms, the Software or the Services, or access to the Platforms, the Software or the Services.
THIRD PARTY WEBSITES
Although We hope that You will find the material on the Platforms informative, the material and links to third-party websites and resources that may be included on the Platforms are provided for informational purposes only. Providing links to these sites by Us should not be interpreted as endorsement or approval by Us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on these Platforms or any third-party website which may be accessed by a link from the Platforms, including any representations or warranties as to accuracy or completeness. Because We have no control over third-party websites and resources, You acknowledge and agree that We are not responsible for the information and contents of such third-party websites and do not endorse and are not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with Your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
If You have any complaints, claims or disputes with regard to any of the Services or Products, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to firstname.lastname@example.org. Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in Our software and to regularly check Your email account for emails from Us.
ARBITRATION; CLASS ACTION WAIVER
In the event that any dispute arises with respect to Our Services, Terms, or any of Our Policies, upon Our election in Our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Los Angeles County, California, and at Our option, such arbitration shall be before a single neutral arbitrator selected in Our sole and absolute discretion. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. or ‘JAMS’, pursuant to its Comprehensive Arbitration Rules and Procedures under the California Arbitration Act. Any appeal shall be heard and decided by a panel of three neutral arbitrators.
All arbitrators shall be retired judges or justices of any California state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the Laws of the State of without giving effect to any choice or conflict of law provision or rules that would cause the application of the Laws of any jurisdiction other than State of California.
The award of the arbitrator(s) shall be binding and final on all parties. Judgment on the award rendered may be entered in any court having jurisdiction. If You or AC elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim. The arbitrators may not award any incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits. If any part of the Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms. No waiver of any breach or default of the Agreements shall be deemed to be a waiver of any preceding or subsequent breach or default.
In the event We elect not to require that a dispute arising with respect to Our Services, Terms, or any of Our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the State courts located in Los Angeles County, California or in the U.S. District Court for the Central District of California, as the case may be. You shall be liable for and shall reimburse Us for Our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of Our Policies, or Your use of Our Services. By using Our Services, You irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Los Angeles County, California or in the U.S. District Court for the Central District of California as the case may be, whether either arbitration or litigation arises between Us and you. You acknowledge that AC may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Assignment. We and reserves the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
Entire Agreement, Modification and Amendments. You fully understand and agree to be bound by these Agreements and as modified and/or amended by Us from time to time. We may amend these Agreements at any time either by emailing or sending You notification of the new terms and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. Any such change will take effect within thirty (30) days of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Agreements. Your continued use of the Services following notification or such thirty (30) day period following publication, as the case may be, will be deemed binding acceptance of the modification. For material changes to the Agreements, You will be required to acknowledge acceptance of such changes. For changes deemed non-material and approved by the appropriate governmental authorities, an acknowledgment is not required, and Your continued access or use of the Services following any amendments to the Agreements constitutes Your acceptance of the Agreements as amended. It is Your sole responsibility to review the Agreements and any revisions thereto each time You use the Services.
Interpretation. In understanding or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, (ii) the singular also entails the plural; and (iii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
Newsletter, Opt-out. The Site may allow You to subscribe to Our newsletter service, which may be provided by Us or through an authorized third party. Through Our newsletter, You may receive information according to Your user preferences. As Our user, You will receive a conspicuous communication indicating Your subscription thereof, and You will be able to select the amount and type of emails received by You. If You wish to unsubscribe, You will find ‘unsubscribe’ and similar links on Our electronic communications, and also in Your account preferences.
No Waiver. Failure by AC to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and AC are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement will remain in full force and effect.
Taxes. You are responsible for complying with all tax obligations associated with Your activities.
PLEASE STORE THESE TERMS OF SERVICE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AS APPLICABLE TO YOUR ACTIVITIES.
Date of last effective update is July 10, 2023.