The Arena Terms of Use

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 Services 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.

You are solely responsible for your use of the Services and for any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any alleged facts or opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be sensitive, offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise misleading or deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we have no responsibility for such Content.

We reserve the right to remove any Content that, in our sole discretion, violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

Furthermore, by using the Site, you agree to comply with our Content Moderation Policy, which is hereby incorporated by reference into these Terms and Conditions. The Content Moderation Policy outlines the rules and standards for acceptable content and user behavior on the Site, including but not limited to prohibitions on hate speech, harassment, and other forms of harmful or illegal content. The Content Moderation Policy is available at https://arena.social/content-moderation-policy. We reserve the right to update or modify the Content Moderation Policy from time to time, and such updates or modifications will be effective upon posting. It is your responsibility to review the Content Moderation Policy periodically to ensure compliance. Continued use of the Site constitutes your acceptance of any changes constitutes your acceptance of any changes to the Content Moderation Policy.

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, upload, download, and distribute such Content in any and all media or distribution methods now known or later developed, for any purpose, including, but not limited to, for marketing and promotional purposes in accordance with the platform's terms of service. For clarity, these rights include, for example, curating, transforming, and translating. This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to (i) analyze text and other information you provide and to otherwise provide, promote, and improve the Services, including, for example, for use with and training of our machine learning and artificial intelligence models, whether generative or another type; and (ii) to make Content submitted to or through the Services available to other companies, organizations or individuals, including, for example, for improving the Services and the syndication, broadcast, distribution, repost, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

We have an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

By accessing the Site and using the Services, you agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface (while certain activities listed below may also be referenced in other sections of this Agreement, each section shall be independently enforceable and the inclusion or repetition of specific prohibitions does not limit the applicability or enforceability of others):

• Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
• Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.
• Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
• Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, front running, quote stuffing, layering, churning, spoofing, and wash trading.
• Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.
• Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
• Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our Services.
• Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.
• Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by U.S. law.

We provide you a permissionless, no-code tool to create and manage digital tokens exclusively for entertainment and community-building purposes. The Services allow you to generate tokens according to your specifications, without requiring pre-approval or permission from us or any intermediary (subject to our rights as set forth in these Terms of Use). We also provide you a mechanism to exchange Tokens with other users on or through the Services. You acknowledge and agree that all Tokens generated using the Services must adhere to all other provisions of the Terms of Use.

We also provide access through the Services to a permissionless decentralized exchange (the “Dex”) which may facilitate token liquidity and trading features. You acknowledge and agree that all Dex activities, including but not limited to trading tokens and deploying liquidity to create markets to trade tokens on the DEX, you undertake or perform through the Services must adhere to all other provisions of the Terms of Use.

We do not provide personalized marketing, promotional activities, or additional vetting processes for any digital asset you create using our Services. We solely provide the tools and infrastructure necessary for digital asset creation, without assuming responsibility for the management, promotion, or success of these assets created. You acknowledge that tokens created using our Service are subject to blockchain network protocols and smart contract functionalities, and that we do not control or guarantee the performance of digital assets once deployed.

At our sole and exclusive discretion, we may announce or publicize the whitelisting of particular tokens generated through the Services or deployed on our DEX. We may also generate dedicated sections in the Arena Network applications, which may facilitate social features and trading on dedicated token community pages/sections. We reserve the sole and exclusive right to vet some of these tokens, however, no decision to whitelist or promote, or the absence of such whitelisting or promotion, shall be construed as investment advice.

You acknowledge and agree that the Services, including the digital asset generation service, do not guarantee anonymity, and that other users and third parties may be able to identify the creator.

You agree to comply with all potentially applicable laws, regulations, and guidelines related to the creation, distribution, trading, and use of all your digital assets on the Services. This includes, but is not limited to, compliance with U.S. federal or state securities laws, the Commodity Exchange Act, and any other relevant regulatory frameworks. You must also consider whether your digital assets are classified as securities or commodities and take necessary steps to comply with the registration, disclosure, and custody requirements as applicable. You agree not to engage in, or attempt to engage in, any activities that activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.

You represent that your creation, management, and any distribution of digital assets complies with applicable law and regulation in your jurisdiction, including, but not limited to: (i) legal capacity and any other threshold requirements in your jurisdiction for the creation, management, and distribution of digital assets, and entering into contracts with us and to access the Site and use the Services, (ii) any foreign exchange or regulatory restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained. You understand that you bear the sole responsibility to determine whether your usage of the Site and Services, and creation, management and distribution of the digital assets, may have legal, including tax, implications, including conducting appropriate risk assessments and adhering to any specific guidelines or frameworks provided by regulatory authorities.

Digital assets created on the Services are non-refundable and cannot be exchanged for cash (or its equivalent value in any other digital asset).

You hereby represent and affirm that any tokens that you create are not securities under U.S. federal or state securities laws. Tokens created on the Services or tokens that we may add to the Site (i) do not represent any shareholding, ownership, participation, right, title, or interest in any company or entity, (ii) are not intended to be money (including electronic money, digital assets or fiat), payment instruments, securities, commodities, bonds, debt instruments, units in a collective investment or managed investment scheme, or any other kind of financial instrument or investment, (iii) do not entitle holders to any promise of revenue, fees, profits, or investment returns, (iv) do not represent a loan to any third party (v) are not intended to create any expectation of profits for the token holder, and (vi) have no intrinsic value. Furthermore, there is no guarantee or representation of value or liquidity for these tokens.

We are not registered with the U.S. Securities and Exchange Commission as a broker dealer securities exchange or in any other capacity, nor are we registered with any other U.S. state, federal or international authority. You understand and acknowledge that we do not broker trading orders on your behalf, and our activities are not intended to constitute broker dealer activities. We also do not facilitate the execution or settlement of your trades, which occur entirely on public distributed blockchains like Avalanche.

When setting up an account with the Arena, you are solely responsible for keeping your own account secure. You must immediately notify us of any unauthorized use of your account or breach of security. The Arena is not 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.

To log in to the Arena, you must connect an X account. There may be additional login methods offered in the future, along with additional recovery mechanisms. However, it is your responsibility to ensure that your accounts remain unsuspended and accessible on other platforms. The Arena bears no responsibility for any assets that become inaccessible due to suspended or unavailable third-party social or email accounts.

You clearly understand and agree that your use of the Services is at your sole risk. 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: (i) which users gain access to or use the Service; (ii) what effects the Site's content may have on you; (iii) how you may interpret or access to or use the Service; (ii) what effects the Site’s content may have on you; (iii) how you may interpret or use the Services; or (iv) 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 with the 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.

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.

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 Arena.

DIGITAL 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 COUNTRIES AND TERRITORIES. THE VALUE OF DIGITAL ASSETS CAN BE EXTREMELY VOLATILE AND UNPREDICTABLE, WHICH CAN RESULT IN SIGNIFICANT LOSSES IN A SHORT TIME, INCLUDING A TOTAL LOSS OF VALUE.

WE HAVE NO RESPONSIBILITY FOR ANY DIGITAL ASSET YOU MAY CREATE, EVEN IF MADE AVAILABLE ON OR THROUGH THE SERVICES, AND ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY DIGITAL ASSET POSTED OR TRADED ON OUR SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY DIGITAL ASSET. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ARE NOT LIABLE FOR ANY LOSS, COST, OR DAMAGE OF ANY KIND, INCLUDING INDIRECT OR CONSEQUENTIAL, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WHICH MAY ARISE AS A RESULT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY DIGITAL ASSET. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR LINKS TO THIRD-PARTY SITES AND DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF SUCH CONTENT OR SITES. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES OR ANY DIGITAL ASSET, INCLUDING ANY CLAIMS THAT YOU HAVE VIOLATED ANY THIRD-PARTY RIGHTS OR ANY APPLICABLE LAWS.

YOU ACKNOWLEDGE AND AGREE THAT TOKENS CREATED BY USERS MAY CONTAIN SENSITIVE OR OFFENSIVE, OR CONTAIN OR MAKE USE OF MATERIALS SUBJECT TO INTELLECTUAL PROPERTY PROTECTIONS OF A THIRD PARTY. THE COMPANY IS NOT LIABLE FOR, AND HAS NO RESPONSIBILITY TO YOU OR ANY OTHER PERSON WITH RESPECT TO SUCH MATERIALS. WE DO NOT CONTROL OR MONITOR THE CONTENT OF TOKENS CREATED BY USERS, AND WHILE WE RESERVE THE RIGHT TO TAKE DOWN OR PREVENT ACCESS TO ANY TOKENS WHICH WE THINK, IN OUR SOLE DISCRETION, MAY VIOLATE THESE TERMS OF USE, WE DO NOT UNDERTAKE AND HAVE NO RESPONSIBILITY FOR MONITORING OR POLICING THE CONTENT ON TOKENS GENERATED ON THE SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN IN RESPONSE TO USER-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO CLAIMS OF DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY VIOLATIONS, OR ANY OTHER LEGAL ISSUES ARISING FROM SUCH CONTENT. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY HARM RESULTING FROM USER-GENERATED CONTENT, AND YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THE COMPANY ALSO RESERVES THE RIGHT TO REMOVE OR RESTRICT ACCESS TO ANY CONTENT THAT IT DEEMS, IN ITS SOLE DISCRETION, TO BE INAPPROPRIATE, OFFENSIVE, OR IN VIOLATION OF ANY LAWS OR REGULATIONS. THE COMPANY ALSO RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, REMOVE DIGITAL ASSETS YOU CREATE, OR RESTRICT ACCESS TO THE SITE OR SERVICES. SUCH REMOVAL OR RESTRICTION MAY OCCUR IN INSTANCES INCLUDING, BUT NOT LIMITED TO, VIOLATION OF LEGAL OR REGULATORY REQUIREMENTS (AS DETERMINED IN THE COMPANY’S SOLE DISCRETION), ONGOING OR REPEATED SECURITY BREACHES, LOSS OF COMMUNITY SUPPORT, OR DISCOVERY OF INACCURATE OR MISLEADING STATEMENTS FROM YOUR OR YOUR AFFILIATES.

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 in 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 DIGITAL ASSETS HAS BEEN SUBJECT TO LARGE FLUCTUATIONS IN THE PAST AND MAY BE SUBJECT TO LARGE FLUCTUATIONS IN THE FUTURE. BUYING AND SELLING DIGITAL ASSETS IS INHERENTLY RISKY, AND YOU SHOULD CAREFULLY CONSIDER THE RISKS AND AGREE TO CONSULT YOUR OWN ADVISORS BEFORE DECIDING TO BUY OR SELL DIGITAL ASSETS

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 agree that we are not responsible for the adequacy or suitability of any third-party websites, products, smart-contracts, or any content you access or use through the Services or Site, or for any losses stemming therefrom. You further expressly acknowledge and represent that The Arena Network applications can be written maliciously or negligently, that The Arena is not liable for your interaction with such applications and that such applications may cause the loss of property or data pertaining to your identity. This warning and others that may be provided later 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.

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.

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

You acknowledge and agree that any information you send or receive during your use of the Site and Services 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 Services is at your own risk. You further 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 Services; the use or inability to use the Site or Services; unauthorized access or alteration of your transmissions or data; statements or conduct of any third party on the Site or Services; any actions we take or fail to take 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 Services, 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 Services.

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.

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 that appear on this Site are not owned by The Arena or its subsidiaries, and 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.

The Arena may, in its sole discretion, periodically distribute rewards to users, including, but not limited to, digital assets such as ARENA and AVAX.

The Arena reserves the right, in its 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 and rewards is in the Arena’s sole discretion.