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Terms of Use
EFFECTIVE DATE:
IMPORTANT: These Terms of Use set forth the terms and conditions under which AETHR WORLD, Inc. including its subsidiaries and affiliates (collectively, “AW”, “us”, “our”, or “we”), and you (“you” or “your”) agree to be governed as it relates to any of your activity in AETHR WORLD created and owned by the AW (the “Aethr”). These Terms govern your access to, use of our website: https://aethr.world , our application (“App”) as well as any media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), and interaction with Aethr, including any content, functionality, and services offered on or through Aethr and your creation of any Assets (defined below). Please read these Terms carefully before you start to access, use or obtain any materials, information, products or services provided by AW (our “Services”).
WE ARE ONLY WILLING TO MAKE THE SITE AND THE SMART CONTRACTS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS OF USE, THE PRIVACY POLICY, THE DISCLAIMER, AND THE RISK DISCLOSURE STATEMENT (COLLECTIVELY, THE “TERMS”), BY USING THE SITE AND THE SMART CONTRACTS, OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX – YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS, FEES AND OTHER SPECIFIC TERMS AND CONDITIONS FOR EACH SERVICE PROVIDED BY AW. THESE TERMS INCLUDE AN ARBITRATION CLAUSE THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may, from time to time and at any time, update or revise these Terms for any reason by posting a new version on our Site; these changes do not affect rights and obligations that arose prior to such changes. Such update or revision is effective upon publication on our Site. Your continued access and/or use of our Site following the posting of modified Terms will be subject to the Terms in effect at the time of your use. It will be deemed to constitute your conclusive acceptance of the updated revised Terms. Please review these Terms periodically for changes. If you disagree with any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with our Site in any way, your only recourse is to immediately terminate use of our Site. Headings are inserted for convenience and shall not affect the interpretation of these Terms.
ACCESS REQUIREMENT OF OUR SITE
Eligible You may only use and register to become a user of our Site if you represent that:
1. you are at least 18 or are of legal age to form a binding contract under applicable laws
2. you are fully able and competent to enter into these terms, conditions, representations and warranties set forth in the Terms
3. your use of Services will not violate any and all laws and regulations applicable to you including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
4. You are not “Prohibited Person” which means any person or entity that:
5. is on any trade or economic sanction lists such as Specifically Designated National by OFAC, EU, UN Security Council Sanctions list, etc. or
6. is located in, or a citizen or resident of any state, country, territory or other jurisdiction:
- that is embargoed by the UN and US
- where use of any cryptocurrency trading would be illegal or otherwise violate any applicable law, etc.,
- or is on the list that AW does not provide Services due to AW’s internal policy.
If you do not have the legal capacity or you are “Prohibited Person”, you and your guardian must be responsible for all consequences resulting therefrom, and AW shall have the right to refuse or offer to continue offering Services or permanently freeze your account and claims against you and your guardian for compensation.
Registration & Security
Registration
All users must apply for an Account before using Services. You may be required to register with the Site and the Smart Contracts. Whenever you provide us information on our Site, you agree to:
(a) provide true, accurate, current and complete information and
(b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, AW may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof). We may request information and documents from you to better understand your needs and for our “Know Your Customer” obligations, an integral part of our effort to combat money laundering, terrorist financing and fraudulent activity. You may be asked at any time to provide information about people with access to, or authority over, your accounts and/or transactions, including providing satisfactory proof of their identity and/or authority to act on your behalf. We reserve the right NOT to open an account, including the right to remove, reclaim or change a username you select, for any reason whatsoever and, unless required by applicable law, we are not obliged to disclose the reasons to you.
Security
You are solely responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to:
1. immediately notify AW of any unauthorized use of your password or account or any other breach of security (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access our Site), and
2. Strictly abide by all mechanisms or procedures of AW regarding security, authentication, trading, etc.
Without limiting any rights which AW may otherwise have, AW reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account or requesting additional information to authorize transaction on your account. Notwithstanding the above, AW may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall AW be held liable to you for any liabilities or damages resulting from or arising out of
1. any action or inaction of AW under this provision
2. any compromise of the confidentiality of your account or password and
3. any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder. The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information.
However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that AW makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities. You understand that AW needs reasonable time to take action upon your request. AW shall not be responsible for any loss or consequences caused by your failure to comply with this provision. AW assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, etc. that have occurred prior to such actions.
Geographic Restrictions
Unless expressly and specifically stated otherwise on the Site, AW only provides this Site and Services for certain portions and people in the world. AW makes no representation that all Services described on the Site are appropriate or available for use in locations specified by us. Those who choose to access our Site do so on their own initiative and are responsible for compliance with local laws.
You agree not to attempt to log on the Site or use Services from any country under sanctions by the OFAC, EU, UN, or any international organizations. Any attempt to log on to the Site or use Services from one of these countries may result in your access being restricted and/or terminated. USING OUR SITE Aethr is a distributed application that use specially developed smart contracts (each, a “Smart Contract”) to enable users to own, acquire, transfer, trade and implement other approved activities with unique Heroes, items, skills, and pets (each, an “Asset” and together, the “Assets”), which can then be visualized in the Aethr that the user can interact with the Site. Using our Site and/or Services, you can view, battle, or use their Assets in Aethr.
Acceptable Use
AW does NOT support Assets for its purpose relating to illegal gambling, illegal drug sales, money laundering, terrorist financing, etc. or any other illegal activity in any of the jurisdictions where we operate.
You agree to use our Site and Services in a manner consistent with all applicable laws and regulations. You may only use our Site and Services for legitimate purposes; you may not use our Site and Services to default any false, fraudulent, or speculative use. You acknowledge that during any transaction, you will be in good faith, will not disturb the normal order of online transactions and will not engage in any illegal acts related to online transactions.
Without limiting the general policy stated above, you agree not to use the Site and Services in any manner that:
1. Infringes or misappropriates AW’s or a third party’s intellectual property, confidentiality, or other rights of any third party (e.g., remove or alter any copyright, or other proprietary notices, etc.)
2. Provide false or deceptive information.
3. Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation, or engage in criminal conduct or the violation of law or the rights of any third party (e.g., publish or post threats of violence, etc.)
4. Compiles, uses, downloads or otherwise copies any user information and/or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party.
5. Provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a foreign terrorist organization.
6. Decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate any of the Sites or that is available through the Sites.
7. Circumvents, disables or otherwise interferes with or disrupts the Site (or the servers and networks which are connected to the Site or Services), whether via malicious software or otherwise; and/or
8. Use any device, software or routine that interferes or attempts to interfere with the normal operation of our Site or Services or take any action that imposes an unreasonable load on our computer or network equipment. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of our Site. Furthermore, you can always delete your account. You will notify AW immediately if you are aware of any unauthorized use of your account and password or any violation of the Terms.
PRIVACY POLICY
Please view our Privacy Policy, whi
ch explains AW’s practices relating to the collection and use of your information through or in connection with our Sites.
BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE WITH THE PRIVACY POLICY.
INTELLECTUAL PROPERTY, OWNERSHIP, LICENSE, RESTRICTIONS
Ownership of AW Content
As between you and AW and its licensors, AW or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all AW Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other Intellectual property and proprietary rights therein. Unless otherwise indicated, the Site and the Smart Contracts are our proprietary property and all source code, database, functionality, software, system, methods, software, design, art, “look and feel”, compilation of the content, code, data, audio, video, images, text, information, photographs, graphics, and other materials included on, or otherwise made available through the Services and on the Site (collectively, the “Content”) and trademarks, service marks and logos contained therein (the “Marks”) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competitions laws of British Virgin Islands, foreign jurisdiction and international conventions. Except as expressly provided in these Terms of Use, no part ot the Site as well as the Smart Contract and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site and the Smart Contracts, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. All logos and trademarks, service marks, logos and trade names displayed on or in connection with the Service are the registered and unregistered trademarks and service marks of AW or third parties in any applicable jurisdiction.
Intellectual Property Rights in the Sites and that Intellectual Property developed, adapted, modified created by us or our Personnel (including in connection with these Terms) is and will remain owned exclusively by us or our third party service providers. You must not, without our prior written consent:
1. copy or use, in whole or in part, any of our Intellectual Property;
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party;
3. reverse assemble, reverse engineer, reverse compile or enhance the Site;
4. breach any Intellectual Property Rights connected with the Site, including altering or modifying any of our Intellectual Property;
5. cause any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property;
6. resell, assign transfer, distribute or make available the Site to third parties;
7. “frame”, “mirror” or serve any of the Site on on any web server or other computer server over the Internet or any other network;
8. alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Site. Your use of the Services does not grant you any ownership over any AW content, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of AW or any third party. We reserve all rights not expressly granted to you in these Terms.
We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or AW Content for any purpose without express prior written permission from us or the applicable rights holder.
Any commercial exploitation of the Services or AW Content without express prior written permission from us or the applicable rights holder is strictly prohibited. All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to AW or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that AW may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.
Ownership of Assets
You Own the NFT. Each Asset is a non-fungible token on the blockchain (an “NFT”). When you purchase an Asset, you own the NFT. This means that you have the right to trade your NFT, sell it, or give it away. For the sake of clarity, you understand and agree that your purchase of an NFT, whether via the Site or otherwise, does not give you any rights or licenses in or to the AW Content (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms. You may make your Assets available for purchase in the Aethr.
When you upload an Asset and make it available for sale in the marketplace, you retain ownership of all intellectual property rights associated with such Asset but you agree to make a certain number of the Assets available for sale as NFTs. End user who purchases the Asset own that underlying, purchased NFT completely and have the right to sell, trade, donate, give away, transfer, or otherwise dispose of the NFT as they see fit, however, that each Asset will be tokenized so that it will have provable scarcity and proof of ownership.
License
By using the Services, you grant AW a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), transferable right and fully paid license to use, reproduce, publicly display, distribute and adapt the publicly shared Assets for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities, and your publicly share Assets. You further grant AW the right to use your name and trademarks, if any, in connection with our use of your publicly shared Assets.
You hereby grant (and you represent and warrant that you have the right to grant) to AW an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
COMMUNICATION
Communication
We may facilitate a Discord communication server, in-game communication and other forums on which you are able to communicate with other Site participants. We ask you to limit your discussions to topics which are relevant to the Site. You acknowledge and agree that you are not permitted to send any communication which contains foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insultes or personal attacks. We reserve the right to remove any communication which we, in our sole discretion, deem to be inappropriate, and prevent you from further participating in the communication methods outlined above.
Feedback
You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Site (collectively, “Feedback”). You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Feedback and Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you.
You hereby waive any moral rights to any such Submissions, any you hereby warrant that any such Feedback and Submissions are original with you or that you have the right to submit such Feedback and Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback and Submissions.
MARKETPLACE, FEES AND PAYMENT
Marketplace
The Site provides a marketplace for you to buy and sell Asset purchased or earned through the Site. You may purchase Asset from us or other sellers (including Heroes, Pets, Skill, Packs or other Items) as set out on the Site. We are not a party to any agreement entered into between a buyer or a seller (not us). We have no control over the conduct of buyers, sellers or any other users of the Site. We accept no liability for any aspect of the buyer and seller interaction including but not limited to the description of Assets offered for sale and the delivery of the Asset. Fee and Payment Any purchase from us through the Site is an offer by you to purchase the relevant Asset for the price notified (including any charges and taxes) at the time you purchase the Assets. You must not pay, or attempt to pay, the price by fraudulent or unlawful means. We set out a number of payment methods on the Site. You may use any of these payment methods to complete a transaction on the Marketplace. We retain a portion of the price paid by the buyer as set out by the Site. Each sales transaction that occurs in the Aethr will be subject to a fee payable by the purchaser to AW. Such a fee will be automatically applied as part of the sales transaction. Any revenue earned in the marketplace for sales of your Assets, minus any transaction fees or any applicable fees, shall be paid to you immediately on the blockchain by the purchaser of your Asset. AW has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, AW will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in on the Aethr. As between you and AW, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessment now and hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Aethr (including, without limitation, any Taxes that may become payable as a result of your ownership or transfer of any Assets).
REPRESENTATIONS AND WARRANTIES
By using the Site and the Smart Contracts, you warrant and represent that:
1. You own or otherwise control all of the rights to your Assets;
2. You shall comply with all Terms and applicable regulations;
3. The Assets are free and clear of liens or encumbrances from any source whatsoever
4. You will not access the Site and the Smart Contract through automated and non-human means, whether through a bot, script or otherwise;
5. You will not use the Site and the Smart Contract for any illegal and unauthorized purposes;
6. You can only play on one account in any 24-hour period; and
7. You, as an Assets owner, are responsible for the actions of any players that play on your behalf (hire, rent, etc.), and that their actions can have consequences for any connected accounts that you own.
RISK DISCLOSURE
The Services are complex and carry a high level of risk and are not appropriate for users who do not possess the appropriate level of knowledge and experience to deal in them. As with any Asset, the values of Assets may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Assets. BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE WITH THE RISK DISCLOSURE STATEMENT. The Site may be accessed overseas. We make no representation that the Site complies with the laws (including the Intellectual Property laws) of any country outside of the British Virgin Islands. If you access the Site from outside the British Virgin Islands, you do so at your own risk and are responsible for complying with the laws in place you access the App. This clause will survive termination or expiry of these Terms.
DISCLAIMER
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, THE SITE, AND THE SMART CONTRACTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY AW ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, THE SITE AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, SOFTWARE, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY LAW, AW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AW DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE THIRD PARTY NETWORK (INCLUDING ELECTRONIC WALLET NETWORK, BLOCKCHAIN NETWORK, ETC.), INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, BLOCKCHAIN NETWORK, OR ELECTRONIC WALLET OR OTHER THIRD PARTY NETWORK.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, AW WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGRAWATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LAWAL THEORY, IS LIMITED TO THE LOWEST OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) THREE HUNDRED (300) US DOLLAR. THESE LIMITATIONS AND EXCLUSIONS RAWARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION. INDEMNIFICATION You agree to indemnify and hold AW, its directors and employees harmless from and against any claims, causes of action, demands, loss or damage by reason of 1. A breach of any representation, warranty or covenant hereunder 2. Any exhibition, presentation, distribution or exploitation of your Assets or any rights herein, and 3. The negligence, fault or default of you, your employees, authorized agents, servants or independent contractors hired by you, or any subcontractor hired by any of the foregoing. You shall comply with all applicable laws, ordinances, codes, and regulations which affect you, your Assets under these Terms and/or your relationship with AW. You agree to notify AW promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Assets, or your obligations hereunder. The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with AW. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of: (1) use of the Site, (2) breach of these Terms, (3) any breach of your representations and warranties set forth in these Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other use of the Site and the Smart Contracts with whom you connected via the Site and the Smart Contracts. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
SUSPENSION, CANCELLATION AND TERMINATION
You agree that AW shall have the right to immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password or freeze or lock the Assets in such account without notice. Cause for such termination, suspension or change shall include, but not limited to,
1. Breach or violations of these Terms or other incorporated agreements or guidelines
2. Requests by lawful enforcement or other government agencies
3. We detect unusual activities in the account
4. We detect unauthorized access to the account
5. We are required to do so by a court order or command by a regulatory/government authority
6. A request by you (self-initiated account deletions)
7. Unexpected technical or security issues or problems
8. Providing false, inaccurate, dated, or unverifiable information, including identification or credit information
9. If we believe the action protect our interest, any users’ interest, or our network, and/or
10. Engagement by you in fraudulent or illegal activities or interfering with our operations.
We reserve the right, in our absolute discretion, to monitor any and all access and use of our Site and Services. We reserve our right to terminate your access and/or use of our Site and/or Service or any part thereof and we may block access from a particular internet protocol address to our Site or Service or any part thereof in the event of any violation of these Terms. In addition, we reserve the right to seek all remedies available under the Terms, at law and in equity for violation of these Terms. You agree that AW shall not be liable to you for any permanent or temporary modification of your account, suspension or termination of your access to all or any portion of Services. You will have three (3) days to withdraw all Assets from your account after deducting all outstanding charges payable to AW except for any case of violation of law, regulations or under government requirement. EXTERNAL SITES The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by AW. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. AW may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or service available on Third-Party Services, or any transactions that take place between a user and Third-Party Services whom the user has been directed via the Services. AW may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services. You acknowledge and agree that the provision of the App may be contingent on, or impacted by, third parties, other customers’ use of our services, suppliers, other subcontractors (“Third Party Inputs”); and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs. For clarity, Third Party Inputs may include Metamask, Coinbase, Google Chrome and the Ethereum Network. This clause will survive the termination or expiry of these Terms.
CHANGES TO THE SITE
At any time and without notice, AW reserves the right to modify or stop offering all or part of the Services. AW may, in its sole discretion and at any time, refuse anyone who requests access to the AETHR WORLD, terminate your rights and/or block or prevent your access to and use of any Services or features covered by these Terms; provided, however, that you will remain the owner of your Assets in accordance with these Terms.
COMPLIANCE WITH LAWS
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Services. AW reserves the right to investigate complaints or reported violations of our Terms and to take any actions we deemed appropriate. The access or use of the Site and any of the Services is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws, and shall NOT be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.
GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION AND WAIVER
These Terms shall be governed and construed in accordance with the laws of the British Virgin Islands. You agree that by accepting the Terms, you waive the right to trial by jury and the ability to participate in a class action.
ANY AND ALL DISPUTES YOU HAS RELATING IN ANY WAY TO THE SERVICES WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SINGAPORE.
If you have a dispute or complaint with AW, you must first send to us, by certified mail, a written Notice of Complaint (“Notice”). (Please note that the submission of a claim to AW is a required condition to commence an arbitration proceeding). The Notice to AW must be sent to AW Customer Support. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. AW will attempt to resolve your claim internally within five (05) days. The parties agree to negotiate in good faith to resolve the claim (which discussions shall remain confidential). If you and AW cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”). The governing law shall be the substantive law of Singapore. The language of the arbitration shall be English. Unless otherwise agreed by both parties, there shall be only one arbitrator appointed in accordance with the SIAC Rules. You and AW further agree that the arbitration decision shall be final. You and AW agree that any claims relating to these Terms or to your relationship with AW as a user of Sites or Services (whether based on contract, tort, statute, fraud, misrepresentations, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration or an individual basis only and not a plaintiff or class member in a purported class or representative action.
YOU AND AW FURTHER AGREE TO WAIVE ANY RIGHT FOR SUCH CLAIMS TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including AW. YOU MUST FILE ANY CLAIM OR SUIT RELATED TO OUR SITE OR SERVICES WITHIN ONE YEAR AFTER IT ARISES. AFTER THIS PERIOD, THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
MISCELLANEOUS
In the event AW is unable to perform its obligation because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, AW shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes. AW’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
AW may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of AW. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. The Site, Services and these Terms are also available and reproduce in many different languages. In the event of any discrepancy between the languages and English versions of the Site, Services and these Terms, the English version will prevail.