The Arena Terms of Use

Last Updated: June 13, 2024

The following terms and conditions govern your use of the Arena website (the “Site”) and the materials accessible on or from the site (the “Terms”).

1. ACCEPTANCE OF TERMS

Please read these Terms carefully before using the Site.  The Site and any other features, tools, materials, or other services offered from time to time by The Arena are referred to here as the “Services.”  Your use of the Site or the Services means that you accept these Terms.  If you do not agree with these Terms, you may not visit or access the Site or use the Services.

2. MODIFICATION OF TERMS OF USE

Except for providing for binding arbitration and waiver of class action rights, we reserve the right, in our sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted here. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified.

3. ELIGIBILITY

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

The Arena is a global platform and by accessing the Site or using the Services, you are representing and warranting that, you are of the legal age of majority in your jurisdiction as is required to access such Services and Site and enter into arrangements as provided by the Services. You further represent that you are otherwise legally permitted to use the service in your jurisdiction including owning cryptographic tokens of value, and interacting with the Services or Site in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that The Arena is not liable for your compliance with such laws.

4. PASSWORD AND SECURITY

When setting up an account with the Arena, you are responsible for keeping your own account secure.  You agree to immediately notify us of any unauthorized use of your account or breach of security.  The Arena cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You are responsible for keeping safe, secret, and secure any private keys you export as well as any wallet you connect to the Site.

5. DISCLAIMERS AND RISKS

5.1. Warranty disclaimer

You clearly understand and agree that your use of the Service is at your sole risk. The Services (including the Services and the Site) are provided on an "AS IS" and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that The Arena has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what affects the Site’s content may have on you; how you may interpret or use the Services; or what actions you may take as a result of having been exposed to the Site or Services.

You release The Arena from all liability in connection withthe Service. The Arena makes no representations concerning any content contained in or accessed through the Service, and The Arena will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

IN NO EVENT SHALL THE ARENA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS.

5.2. Risk of Cryptographic Systems

By utilizing the Service or interacting with the Services, Site,  or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, smart contract based tokens, and blockchain-based software systems.

5.3. Risk of Regulatory Actions in One or More Jurisdictions

The Arena could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of The Arena to continue to develop, or which could impede or limit your ability to access or use the Service or the The Arena.

5.4. Crypto Activity Risk

CRYPTO ASSETS ARE NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC), THE SECURITIES INVESTOR PROTECTION CORPORATION (SIPC) OR ANY OTHER PUBLIC OR PRIVATE INSURER, INCLUDING AGAINST CYBER THEFT OR THEFT BY OTHER MEANS. CRYPTOCURRENCY ACTIVITY IS NOT A REGULATED ACTIVITY IN MANY U.S. STATES AND TERRITORIES. THE VALUE OF CRYPTO ASSETS CAN BE EXTREMELY VOLATILE AND UNPREDICTABLE, WHICH CAN RESULT IN SIGNIFICANT LOSSES IN A SHORT TIME, INCLUDING POSSIBLY A LOSS OF TOTAL VALUE.

5.5. Volatility of Cryptocurrencies

You understand that the blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain network. You acknowledge these risks and represent that The Arena cannot be held liable for such fluctuations or increased costs.  THE PRICE AND LIQUIDITY OF CRYPTO ASSETS HAS BEEN SUBJECT TO LARGE FLUCTUATIONS IN THE PAST AND MAY BE SUBJECT TO LARGE FLUCTUATIONS IN THE FUTURE. BUYING AND SELLING CRYPTO ASSETS IS INHERENTLY RISKY, AND YOU SHOULD CONSIDER THE RISKS BEFORE DECIDING TO BUY OR SELL CRYPTO ASSETS

5.6. Application Security

You acknowledge that the Site’s applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Site and the trustworthiness of any third-party websites, products, smart-contracts, or any content you access or use through the Services or Site. You further expressly acknowledge and represent that The Arena Network applications can be written maliciously or negligently, that The Arena cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by The Arena, in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Service or Site.

6. INDEMNITY

You agree to release and to indemnify, defend and hold harmless The Arena and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. The Arena reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with The Arena in the defense of such matter.

7. LIMITATION ON LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE.

You acknowledge and agree that any information you send or receive during your use of the Site and Service may not be secure and may be intercepted or later acquired by unauthorized parties.

You acknowledge and agree that your use of the site and service is at your own risk. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither The Arena nor its Suppliers or Licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible and intangible losses or any other damages based on contract, tort, strict liability, or any other theory (even if The Arena had been advised of the possibility of such damages), resulting from the site or service; the use or inability to use the site or service; unauthorized access or alteration of your transmissions or data; statements or conduct of any third party on the site or service; any ;actions we we take or fail as a result of communications you send to us; human errors; technical malfunctions; failures; including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the service); any injury or damage to computer equipment; inability to fully access the Site or Service or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or Service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

8. PROPRIETARY RIGHTS

8.1. Trademarks

The Arena trademarks may not be used in connection with any product or service that is unrelated to The Arena in any manner that is likely to cause confusion among customers, or which disparages or discredits The Arena. All other trademarks are not owed by The Arena or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Arena or its subsidiaries.

8.2 Tokens

The Arena reserves the right, in our sole discretion, to modify, alter, remove or otherwise update your balance of rewards/points at any time without prior notice. You agree that determination and distribution of points is in the Arena’s sole discretion.

9. GENERAL INFORMATION

9.1. Entire Agreement

These Terms (and any additional terms, rules and conditions of participation that The Arena may post on the Service) constitute the entire agreement between you and The Arena with respect to the Service and supersedes any prior agreements, oral or written, between you and The Arena . In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.

9.2. Waiver and Severability of Terms

The failure of The Arena to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the Parties nevertheless agree that the arbitrator or court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

9.3. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

How to contact us

Email: support@arena.social