Last Updated: November 15, 2022
Welcome, and thank you for your interest in AlanHub Inc. (“AlanHub,” “we,” “our” or “us”), the AlanHub Platform (defined below), our website at worldcup2022.alanhub.com, along with hosted applications, mobile or other services (collectively, the “Service”). These Terms of Service constitute a legally binding contract between you and AlanHub regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT”, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ALANHUB’S PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND ALANHUB’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BETWEEN ALANHUB AND YOU TO BE BOUND BY THESE TERMS.
NFT RISK NOTICE. AS FURTHER DESCRIBED IN SECTION 13, THE SERVICE RELATES TO BLOCKCHAIN TECHNOLOGY. YOU ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH PURCHASING AND SELLING NFT-COLLECTIBLES (DEFINED BELOW).
AGREEMENT
1. ALANHUB SERVICE.
1.1 Platform. The “AlanHub Platform” provides a web-based platform for trading blockchain-based digital microvideos (a ”NFT-Collectibles”) supported by applications, forums and technologies. The AlanHub Platform supports a Polygon blockchain and ERC-721 tokens (an “AlanHub-Supported Blockchain”).
1.2 Use of the Service. You and any other users that have registered for an Account (defined below) are each a “User” whose use of the Service may include: (a) accessing, downloading or using any component of the Service; (b) buying or receiving any NFT-Collectible via any component of the Service; and (c) using, sending tokens to, receiving tokens from, sending messages to or otherwise transacting with any component of the Service.
2. YOUR ACCOUNT
2.1 Eligibility. You must be at least 18 years old to agree to these Terms and use the Service. If you are the parent or legal guardian of a child younger than 18 years of age (a “Minor”), you may allow such Minor to use the Service solely through your Account and with your approval and oversight. You, as the Account holder, are responsible for all actions occurring through your Account, including all financial charges and legal liability associated with such Account, even if such charges or liability are incurred by a Minor. You agree to indemnify AlanHub for your Minor’s violation or disaffirmation of the Terms. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you are not currently suspended or are not permanently banned from the Service; (c) your registration and your use of the Service complies with any and all applicable laws and regulations. Further, you are not, (and, if you are an entity, you are not owned or controlled by any other person who is), and are not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union or its member states, and the government of your home country. You are not, (and, if you are an entity, you are not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in any country or jurisdiction against which the U.S. maintains economic sanctions or an arms embargo. The tokens, digital assets, or other funds you use to purchase NFT-Collectibles are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
2.2 Privacy Policy. AlanHub collects, processes, and otherwise uses your information in accordance with our Privacy Policy.
2.3 Accounts and Registration. In order to register an account on the Service (“Account”), you will need to provide your email address and create a password. After the Account is created the Service sends on your email the confirmation that your account is created. You need to use your email address and password if you want to login to your Account. You can change your password anytime using your account menu. After the registration is completed each user receives its unique blockchain address in AlanHub-Supported Blockchain node (“Wallet”). All the actions with your NFT-Collectibles (buying, selling, holding, transferring) are done in your Wallet in AlanHub-Supported Blockchain.
You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your Account and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us at worldcup2022@alanhub.com.
2.4. Wallet. By using a Wallet in connection with the Service, you agree that you are using the Wallet under these Terms. The Wallet is generated only for the purposes of buying, selling, holding, transferring of NFT-Collectibles in AlanHub Service.
Each User may at any time link and transfer the NFT-Collectibles from the Wallet to any other AlanHub-Supported Blockchaine third-party wallets (eg., Metamask). In order to do so the User shall receive private keys for the Wallet using the Private key menu in the Account. For more information about the transfer of NFT-Collectibles, please visit our FAQ.
By using the third-party wallets in connection with the Service, you agree that you are using third-party wallets under the terms and conditions of the applicable provider of the wallet. Third-party wallets are not operated by, maintained by, or affiliated with AlanHub, and AlanHub does not have custody or control over the contents of your third-party wallets and has no ability to retrieve or transfer its contents. AlanHub accepts no responsibility for, or liability to you, in connection with your use of a Wallet after you receive the private key and makes no representations or warranties regarding how the Service will operate with any specific third-party wallets. You are solely responsible for keeping your Wallet secure and you should never share your Wallet credentials or seed phrase or private keys with anyone.
2.5. Your General Covenants, Representations and Warranties. By using the Service, you covenant, represent, and warrant as follows:
(a) Non-contravention. Your use of the Service does not constitute and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention, or violation of any law applicable to you, or any contract or agreement to which you are a party or by which you are bound.
(b) No Claim, Loan, Ownership Interest, or Investment Purpose. Your purchase, sale, holding, receipt and use of NFTs, NFT-Collectibles, or the Service does not: (i) represent or constitute a loan or a contribution of capital to, or other investment in AlanHub or any business or venture; (ii) provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of, or voting rights whatsoever in, AlanHub or any other business or venture; and (iii) create or imply or entitle you to the benefits of any fiduciary or other agency relationship between AlanHub or any of its directors, officers, employees, agents or affiliates, on the on hand, and you, on the other hand. You are not entering into these Terms for the purpose of making an investment with respect to AlanHub or its securities, but solely wish to use the Service for its intended purposes.
(c) Non-Reliance. You are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and assets, including AlanHub-Supported Blockchains, NFTs, NFT-Collectibles and “smart contracts” (bytecode deployed to a blockchain). You have conducted your own thorough independent investigation and analysis of the Service and the other matters contemplated by these Terms, and have not relied up-on any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of AlanHub in connection therewith, except as expressly set forth by AlanHub in these Terms.
(d) Taxes. You are solely responsible for assessing all Taxes owed, if any, for your use of the Service, including, but not limited to, tax liabilities associated with any sales of your NFTs. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required to collect and remit to governmental agencies, and other similar municipal, state, federal, national or other withholding and personal or corporate income taxes.
2.6. AlanHub May Deny Access to or Use of the Service. AlanHub reserves the right to terminate your access to and use of the Service, in whole or in part, at any time, with or without notice, at AlanHub’s discretion for any or no reason. AlanHub reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials (including NFT-Collectibles), in whole or in part, in AlanHub’s sole discretion. NFT-Collectibles or other materials uploaded to the Service may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you acquire a Collectible.
FOR MORE INFORMATION AND DESCRIPTIONS OF THE SERVICE, PLEASE VISIT OUR FAQs.
3. PAYMENT TERMS; PRICE
3.1 Payment Terms. Buying, selling, or transferring NFT-Collectibles may be subject to fees, commissions, royalties and other charges including: (1) standard marketplace service fees associated with transactions on AlanHub-Supported Blockchains (“Marketplace Fees”); (2) commissions on secondary sales of NFT-Collectibles, payable to the creators of such NFT-Collectibles; and (3) “Gas Fees” paid to AlanHub-Supported Blockchain miners in MATIC or other cryptocurrency through your Wallet as consideration for mining your transactions (collectively “Fees”). AlanHub may change the Marketplace Fees for any feature of the Service, including additional fees or charges, with or without advance notice to you. Before you pay any Fees, you will have an opportunity to review and accept the Fees that you will be charged. All Fees are non-refundable except as required by applicable law.
3.2 Price. AlanHub reserves the right to determine pricing for the Service. AlanHub will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. AlanHub, at its sole discretion, may make promotional offers with different features and different pricing to any of AlanHub’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
3.3 Terms of Purchase of NFT-Collectibles. AlanHub Service provides you to purchase NFT-Collectibles using standard bank transfers. All the prices of the items of NFT-Collectibles are in US Dollars (USD). Since you presses PROCEED TO CHECKOUT button you are redirected to Checkout module. You shall enter First name, Last name and email address as well as fill the Credit/Debit card details. The payment module in AlanHub Service is provided by Stripe Inc. By entering your Credit/Debit card details and pressing PLACE ORDER button you are fully agree with the Stripe Inc. Payment Service Terms and Conditions. AlanHub does not collect your personal data, Credit/Debit card details and other information related to the payments for NFT-Collectibles except your email address and Name. Stripe payment module is not operated by, maintained by, or affiliated with AlanHub, and AlanHub does not have custody or control over the transfers and payments and has no ability to retrieve the transfers. AlanHub accepts no responsibility for, or liability to you, in connection with your use of a Stripe payment module. You are solely responsible for using Stripe payment module and the security of payments.
If the purchase is validated you receive the confirmation on your email. At the same time purchased NFT-Collectible appears in Users Wallet as a token. From that moment the User is the owner of purchased NFT-Collectible.
4. OWNERSHIP; PROPRIETARY RIGHTS. The Service is owned and operated by AlanHub. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by AlanHub are protected by intellectual property and other laws. All Materials included in the Service are the property of AlanHub or its third-party licensors. Except as expressly authorized by AlanHub, you may not make use of the Materials. “AlanHub” and its logos are trademarks of AlanHub. All other trademarks appearing in the Service are the property of their respective owners. AlanHub reserves all rights to the Materials not granted expressly in these Terms.
5. LICENSES
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, AlanHub grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant AlanHub an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
6. THIRD-PARTY TERMS
6.1 Third-Party Services and Linked Websites. AlanHub may provide tools through the Service that enable you to export information, including user content, payment details, to third-party services, including through features that allow you to link your Account with an account on the third-party service or through our implementation of third-party buttons. By using any of these tools, you agree that AlanHub may transfer that information to the applicable third-party service. Third-party services are not under AlanHub’s control, and, to the fullest extent permitted by law, AlanHub is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under AlanHub’s control, and AlanHub is not responsible for their content.
6.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
6.3 Third-Party Offerings and Content. References, links, or referrals to or connections with or reliance on third-party resources, products, services, or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Service. In addition, third parties may offer promotions related to the Service. AlanHub does not endorse or assume any responsibility for any activities of or resources, products, services, content, or promotions owned, controlled, operated, or sponsored by third parties. If you access any such resources, products, services, or content or participate in any such promotions, you do so solely at their own risk. You hereby expressly waive and release AlanHub from all liability arising from your use of any such resources, products, services or content or participation in any such promotions. You further acknowledge and agree that AlanHub will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content, or promotions from third parties.
7. USER CONTENT
7.1 User Content Generally. The Service may permit Users to submit, upload, publish, or otherwise transmit (“Post”) content to the Service, including reviews, video or audio, images any other works (“User Content”). For the avoidance of doubt, NFT-Collectibles are User Content. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service except those rights that you explicitly choose to waive.
7.2 License Grant to AlanHub. By Posting User Content to or via the Service, you grant AlanHub a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service.
7.3 License Grants to Other Users. By Posting User Content to or via the Service to other Users of the Service, you grant those Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
7.4 You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. AlanHub disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize AlanHub and Users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by AlanHub, the Service, and these Terms;
(b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause AlanHub to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
7.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other Users Post and will not be in any way responsible or liable for User Content. AlanHub may, however, at any time and without prior notice, screen, remove, edit, or block any User Content in our sole discretion, including pursuant to our judgment that it violates these Terms. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. AlanHub makes no representations or warranties as to the quality, origin, or ownership of any content found in the Service. AlanHub will not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. AlanHub will not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AlanHub with respect to User Content. If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, AlanHub does not permit infringing activities on the Service.
7.6 Monitoring Content. AlanHub does not control and does not have any obligation to monitor: (a) User Content;
(b) any content made available by third parties; or (c) the use of the Service by its Users. You acknowledge and agree that AlanHub reserves the right to, and may from time to time, monitor any and all information and content (including User Content) transmitted or received through the Service for operational and other purposes. If at any time AlanHub chooses to monitor the content (including User Content), AlanHub still assumes no responsibility or liability for such content, or any loss or damage incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
8. INTELLECTUAL PROPERTY RIGHTS PROTECTION
8.1 Respect of Third Party Rights. AlanHub respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
8.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
AlanHub, Inc.
Attn: DMCA Notice
2200 Wilson Boulevard,
Suite 320,
Arlington, Virginia, 22201, USA
Email: worldcup2022@alanhub.com
8.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Service, including a URL representing a link to the material on the AlanHub website;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by AlanHub with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to AlanHub making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
8.4 Repeat Infringers. AlanHub’s policy is to: (a) remove or disable access to material that AlanHub believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. AlanHub will terminate the accounts of users that are determined by AlanHub to be repeat infringers. AlanHub reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
8.5 Counter Notification. If you receive a notification from AlanHub that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide AlanHub with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to AlanHub’s Designated Agent through one of the methods identified in Section 8.2, and include substantially the following information:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which AlanHub may be found, and that you will accept service of process from the person who provided notification under Section 8.2 above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
8.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to AlanHub in response to a Notification of Claimed Infringement, then AlanHub will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that AlanHub will replace the removed User Content or cease disabling access to it in 10 business days, and AlanHub will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless AlanHub’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on AlanHub’s system or network.
8.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17
U.S.C. § 512(f) that:
“[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [AlanHub] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” AlanHub reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
9. PERMITTED & PROHIBITED CONDUCT OF THE SERVICE
9.1 Permitted Uses. The Service is reserved exclusively for lawful consumer entertainment and artistic purposes.
9.2 Prohibited Uses. By using the Service, you agree not to, directly or indirectly:
(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(b) harass, threaten, demean, embarrass, bully, or otherwise harm any other User of the Service;
(c) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
(d) access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by AlanHub;
(e) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
(f) interfere with the operation of the Service or any User’s enjoyment of the Service, including by:
(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
(ii) making any unsolicited offer or advertisement to another User of the Service; (iii) collecting personal information about another User or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
(g) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other User’s Account without permission, or falsifying your age or date of birth;
(h) sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4) or any right or ability to view, access, or use any Materials;
(i) employ any device, scheme or artifice to defraud, or otherwise materially mislead AlanHub or any other Users, including by impersonating or assuming any false identity;
(j) engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon AlanHub or any other Users;
(k) violate, breach or fail to comply with any applicable provision of these Terms or any other terms of service, Privacy Policy or other contract governing the use of the Service or any relevant NFT-Collectibles;
(l) use the Service by or on behalf of a competitor of the AlanHub or competing platform or service for the purpose of interfering with the Service to obtain a competitive advantage;
(m) engage or attempt to engage in or assist any hack of or attack on the Service, including any “sybil attack”, “DoS attack” or “griefing attack” or theft of NFT-Collectibles, digital assets or funds, or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property or interfere with the Service;
(n) knowingly sell or transfer any Collectible, or use any Collectible in a manner, that does or may infringe any copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless the applicable User owns or controls the rights thereto or has received all necessary consent to do the same;
(o) commit any violation of applicable laws, rules or regulations;
(p) use the Service to offer additional services, including, but not limited to, surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
(q) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other;
(r) publish, post, distribute or disseminate any profane, obscene, pornographic indecent or unlawful content, pictures, topic, name, material or information;
(s) use the Service to transact in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions;
(t) use the Service to buy, sell or advertise personal, professional or business services;
(u) use the Service to engage in token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including initial coin offering, DAO initial coin offering, initial exchange offering, yield farming or other token-based fundraising events;
(v) use the Service for money laundering, terrorist financing, or other illicit finance; or
(w) attempt to do any of the acts described in this Section 9.2 or assist or permit any person in engaging in any of the acts described in this Section 9.2.
10. MODIFICATION OF TERMS.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. It is your sole responsibility to review the Terms and understand modifications to these Terms as they may be updated from time to time.
11. TERM, TERMINATION, AND MODIFICATION OF THE SERVICE
11.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.
11.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminates. In addition, AlanHub may, at its sole discretion, terminate these Terms or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your Account and these Terms at any time by contacting customer service at worldcup2022@alanhub.com.
11.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service;
(c) you must pay AlanHub any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.1, 5.3, 7.2, 7.3, 9, 11.3, 12, 13, 13.3, and 14 will survive.
11.4 Modification of the Service. AlanHub reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. AlanHub will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
12. INDEMNITY.
To the fullest extent permitted by law, you are responsible for your use of the Service and for any Minor’s use of the Service occurring through your Account, and you will defend and indemnify AlanHub, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “AlanHub Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your or your Minor’s unauthorized use of, or misuse of, the Service; (2) your or your Minor’s violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your or your Minor’s violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you or your Minor and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; NO WARRANTY BY ALANHUB
13.1 No Responsibility for NFT-Collectibles; No Guarantee of Uniqueness or IP. AlanHub has no responsibility for NFT-Collectibles that Users trade via the Service. AlanHub does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality, or value of any NFT-Collectibles that Users trade on the Service. The NFT-Collectible ID of an NFT and the content embodied therein specifies the properties of the NFT and the content embodied therein, including the name and description of the NFT and the content embodied therein (the “Collectible Descriptors”), a URI identifying any image file associated with the NFT-Collectible (the “Collectible Image”) and potentially other “metadata” associated with the NFT-Collectible (the Collectible Descriptors, Collectible Image and such other metadata, collectively, the “Collectible Metadata”). There can be no guarantee or assurance of the uniqueness, originality or quality of any NFT-Collectible or Collectible Metadata. In the absence of an express legal agreement between the creator of any NFT-Collectibles and purchasers of NFT-Collectibles, there cannot be any guarantee or assurance that the purchase or holding of NFT-Collectibles confers any license to or ownership of the Collectible Metadata or other intellectual property associated with NFT-Collectibles or any other right or entitlement, notwithstanding that you may rightfully own or possess the NFT-Collectible. AlanHub may from time to time remove certain NFT-Collectibles from the Service in AlanHub’s sole and absolute discretion, including in connection with any belief by AlanHub that such NFT-Collectibles violate these Terms. AlanHub does not commit and will not be liable for any failure to support, display or offer or continue to support, display, or offer any NFT-Collectibles for trading through the Service.
13.2 No Professional Advice or Liability. All information provided by or on behalf of AlanHub is for informational purposes only and should not be construed as professional, accounting, or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of AlanHub. Before you make any financial, legal, or other decisions involving the Service, you should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate. You must always use caution when giving out any personally information to other Users or third-party linked websites through the Service. AlanHub does not control or endorse User Content, any third-party content, messages, or information found in the Service and AlanHub will not be liable for any use or misuse of User Content by any User. AlanHub specifically disclaims any liability with regard to the Service and any actions resulting from your use of the Service.
13.3 Disclaimers Related to Blockchain Technology. To the maximum extent permitted by applicable law, and notwithstanding anything otherwise expressly provided herein, AlanHub disclaims any and all liability related to the following:
(a) Use of Blockchain Technology. AlanHub utilizes experimental cryptographic and blockchain technologies, including tokens, “smart contracts,” consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems in providing the Service. You acknowledge and agree that such technologies are novel, experimental, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto. To the maximum extent permitted by applicable law, AlanHub disclaims any and all liability related to the foregoing.
(b) Certain Risks of Blockchain Technology. The technology utilized in delivering the Service depends on public peer-to-peer networks such as the AlanHub-Supported Blockchains that are not under the control or influence of AlanHub and are subject to many risks and uncertainties. AlanHub may have limited or no ability to change these technologies, other than ceasing to support certain “smart contracts” and adding support for new “smart contracts”. Since you requested Private keys of your Wallet you are solely responsible for the safekeeping of the private key of the Wallet. AlanHub will not be able to restore or issue any refunds due to lost private keys. If you are not able to use the Service due to loss or theft of a private key or otherwise, AlanHub does not guarantee and is not responsible for your ability to exercise their rights with respect to such Collectible or any other applicable digital assets.
(c) Certain Risks of Smart Contract Technology. NFTs and the content embodied therein and other digital assets relevant to the Service depend on smart contracts deployed to AlanHub-Supported Blockchains, and some may be coded or deployed by persons other than AlanHub. Once deployed to AlanHub- Supported Blockchain(s), the code of smart contracts cannot be modified. In the event that applicable smart contracts are adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of any AlanHub-Supported Blockchain, you may be exposed to a risk of total loss and forfeiture of all NFT-Collectibles and other relevant digital assets.
(d) Asset Prices. The market value of any NFT-Collectibles, and other digital assets may decline below the price for which you acquire such asset through the Service or on any other platform. You acknowledge and agree that the costs and speeds of transacting with cryptographic and blockchain- based systems are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any NFT-Collectibles, or other digital assets associated with the Service.
(e) Regulatory Uncertainty. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and the Service, NFT-Collectibles, and other digital assets could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of such assets and technologies.
(f) Cryptography Risks. Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to AlanHub-Supported Blockchain(s), the Service, NFT-Collectibles, and other digital assets, including the theft, loss or inaccessibility thereof.
(g) Fork Handling. Certain elements of the Service, AlanHub-Supported Blockchains, NFT-Collectibles, and other digital assets may be subject to “forks.” Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. AlanHub may not be able to anticipate, control or influence the occurrence or outcome of forks, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, AlanHub does not assume any responsibility to notify you of pending, threatened or completed forks. AlanHub will determine its response(s) to such forks in its sole and absolute discretion, without any duty or obligation or liability to you for such response (or lack of such response). You assume full responsibility to independently remain apprised of and informed about possible forks, and to manage your own interests in connection therewith.
(h) Viruses, Hacking, Phishing, Etc. The Service, AlanHub, or your NFT-Collectibles may be the target of third-party attacks, including but not limited to phishing, bruteforcing, inactive listing exploits or the use of viruses (“Third-Party Attacks”). AlanHub will not be responsible or liable, directly or indirectly, for any actual or alleged loss or damage sustained by You in connection with Third-Party Attacks.
13.4 Legal Limitations on Disclaimers. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to you. The disclaimers and limitations of liability provided in these Terms will apply to the fullest extent permitted by applicable law.
13.5 Officers, Directors, Etc. All provisions of these Terms which disclaim or limit obligations or liabilities of AlanHub will also apply, mutatis mutandis, to the officers, directors, members, employees, independent contractors, agents, stockholders, debtholders, and affiliates of AlanHub.
13.6 THE SERVICE AND ALL MATERIALS AND CONTENT (INCLUDING USER CONTENT) AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ALANHUB DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT (INCLUDING USER CONTENT) AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND
(B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ALANHUB DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT (INCLUDING USER CONTENT) OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ALANHUB DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
13.7 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ALANHUB ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF ALANHUB ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR PURCHASE, SALE OR TRANSFER OF ANY COLLECTIBLE OR DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
13.8 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALANHUB ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ALANHUB ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
13.9 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13.10 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION 13 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AlanHub does not disclaim any warranty or other right that AlanHub is prohibited from disclaiming under applicable law.
14. EMAIL COMMUNICATIONS.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
15. MISCELLANEOUS
15.1 General Terms. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and AlanHub regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.2 Governing law. These Terms are governed by the laws of the state of Delaware without regard to conflict of law principles. You and AlanHub submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.
15.3 Privacy Policy. Please read the AlanHub Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The AlanHub Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
15.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
15.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
15.6 Contact Information. The Service is offered by AlanHub, Inc., located at 2200 Wilson Boulevard, Suite 320, Arlington, Virginia, 22201, USA. You may contact us by sending correspondence to that address or by emailing us at worldcup2022@alanhub.com.
15.7 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
15.8 International Use. The Service is intended for visitors located worldwide. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
15.9 Headings. The headings and captions contained in these Terms are for convenience of reference only, will not be deemed to be a part of these Terms and will not be referred to in connection with the construction or interpretation of these Terms.
15.10 Successors and Assigns. These Terms will inure to the benefit of AlanHub, you, and the respective permitted successors, permitted assigns, permitted transferees and permitted delegates of each, and will be binding upon all of the foregoing persons and any person who may otherwise succeed to any right, obligation or liability under these Terms by operation of law or otherwise. Unless otherwise expressly permitted under these Terms, you will not share or provide a copy of, or transfer to, any person any digital assets or the private key associated with any digital assets without notifying such person that such person will be bound by and become a party to these Terms by virtue of thereof (or if the transferor has a reasonable belief that the transferee is aware of these Terms). You will not assign any of your rights or delegate any of your liabilities or obligations under these Terms to any other person without AlanHub’s advance written consent. AlanHub may freely assign, transfer or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.
15.11 Severability. In the event that any provision of these Terms, or the application of any such provision to any person or set of circumstances, will be determined by the court of competent jurisdiction to be invalid, unlawful, void or unenforceable to any extent: (a) the remainder of these Terms, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, will not be impaired or otherwise affected and will continue to be valid and enforceable to the fullest extent permitted by law; and (b) AlanHub will have the right to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consumed as originally contemplated to the fullest extent possible.
15.12 Force Majeure. AlanHub will not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Service, Internet, the World Wide Web or any other electronic network, any AlanHub-Supported Blockchain network or blockchain or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables AlanHub to provide the Service), it being understood that AlanHub will use commercially reasonable efforts, consistent with accepted practices in the industries in which AlanHub operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.
15.13 No Implied Waivers. No failure or delay on the part of AlanHub in the exercise of any power, right, privilege or remedy under these Terms will operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy will preclude any other or further exercise thereof or of any other power, right, privilege or remedy. AlanHub will not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of AlanHub, and any such waiver will not be applicable or have any effect except in the specific instance in which it is given.
15.14 Entire Agreement. These Terms constitutes the entire agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
15.15 Rules of Interpretation
(a) “hereof,” “herein,” “hereunder,” “hereby” and words of similar import will, unless otherwise stated, be construed to refer to these Terms as a whole and not to any particular provision of these Terms;
(b) “include(s)” and “including” will be construed to be followed by the words “without limitation”;
(c) defined terms apply to both singular, plural, gerund or any other form of such terms;
(d) “or” will be construed to be the “inclusive or” rather than “exclusive or” unless the context requires otherwise;
(e) any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms;
(f) section titles, captions and headings are for convenience of reference only and have no legal or contractual effect;
(g) whenever the context requires: the singular number will include the plural, and vice versa; the masculine gender will include the feminine and neuter genders; the feminine gender will include the masculine and neuter genders; and the neuter gender will include the masculine and feminine genders; and
(h) except as otherwise indicated, all references in these Terms to “Sections,” “clauses,” etc., are intended to refer to Sections of Sections, clauses, etc. of these Terms.