Arenum platform Terms of Use

Acceptance and Changes to the Terms of Use
User Account
Privacy Policy
Granting a License (End-User License Agreement)
Restriction of Usage Rights
Fees and payments
Activity
Content
Partner Program
Intellectual Property Rights
Applicable Law and Disputes
Limitation of Liability
Assumption of risk
Technical Support and Reporting Issues
Term and Termination
Miscellaneous

Last updated: October 20, 2022

Document version: 1.2

These Terms of Use of the Arenum Platform (Terms of Use) represent a legally binding agreement entered into between you (User, you) and ArenumIO OÜ, with the registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Tartu mnt 67/1-13b, 10115, Estonia (Arenum, we), and regulate the use of the streaming and esports platform Arenum, including the module for conducting esports tournaments, Smart-contract and the mobile applications associated with her (hereinafter collectively referred to as the «Platform»). These Terms of Use also apply to Platform-related services, which are currently provided or will be provided by Arenum or any of its affiliates as well as software and applications in any way associated with the Platform or any of its affiliated persons.

IMPORTANT NOTICE: THE PLATFORM OPERATES IN A TEST MODE AS BETA SOFTWARE. ARENUM BEARS NO LIABILITY WHATSOEVER IN RELATION TO THE PLATFORM’S FUNCTIONALITY, OPERATIONS, ANY ERRORS ON THE PLATFORM OR THE SOFTWARE. BY USING THE PLATFORM, YOU CONFIRM THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED ALL THE TERMS OF USE, INCLUDING SECTION 4 «GRANTING A LICENSE», SECTION 5 «RESTRICTION OF USAGE RIGHTS», SECTION 11 «INTELLECTUAL PROPERTY RIGHTS», SECTION 12 «APPLICABLE LAW», AND SECTION 13 «LIMITATION OF LIABILITY» OF THESE TERMS OF USE.

Acceptance and Changes to the Terms of Use
1. By obtaining access to or using the Platform, signing up on the Platform, by downloading and installing the mobile streaming application, or making another purchase on the Platform, by participating in any tournament or challenge you acknowledge that you have understood and unconditionally accepted all the Terms of Use of the most recent version available on the website without any exceptions and/or limitations, as well as that you act on your own behalf and in your own interest. If you do not agree to these Terms of Use, please do not use the Platform.
2. By granting you access to the Platform, Arenum, acting reasonably and in good faith, believes that (a) you hold all necessary rights to use the Platform, (b) you ensure security of your password and authentication data, © you have provided valid information about yourself, (d) you are aware that by publishing your personal data to a domain where it is accessible to other users of the Platform, you have explicitly made this data publicly available and you are aware that it may become available to third parties and be copied and/or distributed by such third parties, (e) you have read and accepted these Terms of Use.
3. Arenum reserves the right to amend these Terms of Use at any time with notice to User by way of publishing the revised version of the Terms of Use on the Platform. In doing so, Arenum warrants and represents that the current version of the Terms of Use is valid from the moment of its publication on the Platform. The publication date is indicated in the upper left-hand corner of these Terms of Use. You agree that it is your solely responsible for reviewing the revised text.. Your continued use of the Platform after any changes hereto have come into effect, shall constitute your acceptance of such changes, regardless of whether you have received a notice of or become familiarized with such changes. If you do not agree to any of the changes, you shall discontinue using the Platform. Arenum assumes no obligation to refund subscription fees or additional content purchased prior to your termination of use of the Platform.
4. Arenum shall not process personal data of individuals under the age of 21 years. Any registration, use, or access to the Platform by persons under the age of 21 is illegal, unlicensed and violates these Terms of Use. By using any of the services available on the Platform, you claim and guarantee that you are 21 or older, that you agree and comply with all terms and conditions of these Terms of Use, and that you will comply with the age restrictions and rules related with the Platform set forth in your country of residence.
5. Arenum does not claim that this Platform operates in accordance with the legislation or regulations of your country of residence. By using the Platform and participating in tournaments, you confirm that you comply with the minimum age limit and other requirements to this activity in your country of residence. If you do not comply with the minimum age limit and other requirements, please stop using the Platform immediately.
User Account
1. When you complete the registration process, you create an account. You hereby acknowledge that the information you provide to Arenum when signing up and at any other time is correct, accurate, relevant and complete.
2. You may only create and use one account. You may not use another User’s account, even if they have granted their consent thereto. Arenum shall reserve the right to monitor any activities performed on the Platform, including, without limitation, any attempts to create multiple accounts. Shall Arenum detect more than one account created for the same person, all of your accounts will be deleted without prior notice.Arenum also reserves the right to deny access to anyone, including but not limited to those players who use proxy servers and/or IP addresses related to certain geographic regions. All transactions are monitored to detect potential money laundering activities, and any suspicious activity in your account could result in your account being banned and this being reported to law enforcement authorities. You can log into your account at any time and view your transaction history that displays the latest transactions made from your account. If you notice any errors, you should notify immediately Arenum at the following email address ap@arenum.io. Arenum reserves the right to change and/or suspend and/or block accounts with offensive user nicknames at its sole discretion.
3. You do not have the right to disclose or transmit their credentials to third parties. You shall be responsible for the confidentiality of their account and for the security of their device. Arenum is not responsible for the use of your account or for all of the communication and activity on the Platform that results from the use of your account by any person to whom you may have intentionally or by negligence allowed access in violation of these Terms of Use and our Privacy Policy. Unless it results from our negligence or fault, we shall not be liable for the use of your account by a person who fraudulently used your account without your permission. If you believe that the confidentiality of your account has been compromised, you shall forthwith notify Arenum thereof at ap@arenum.io.
4. Arenum reserves the right to immediately suspend and/or terminate the account of any User who violates these Terms of Use, Tournament Rules or Privacy Policy.
  ATTENTION! Please note that if a User’s account is deleted due to violation of the Terms of Use, Rules or Privacy Policy, Arenum reserves the right to determine how the User’s prizes and rewards will be allocated further.
5. You hereby grant your full and unconditional consent to our using your data to contact you in whatever form, including by means of sending SMS to the phone number you provided, sending push notifications to your mobile device or displaying pop-up notifications on the Platform in order to inform you about services and licenses, tournaments, ticket purchases, liked and commented content, service messages, responses to User requests and communications, technical support messages, information about new releases of Arenum products, notification of promotions and activities related to the use of licensed products, their results, discounts, in order to carry out remote surveys aimed to study your opinion about the products/satisfaction with the services related to the use of products, news, recommendations and other useful information about the use of purchased software products and those currently in use. You agree that all communications, notices and push notifications that are provided to you electronically, comply with any and all legal requirements for such communications in paper format.
6. You hereby agree to be solely liable to Arenum, other users and third parties for any activities in your account.
7. By signing up on the Platform, you agree that Arenum may display your nickname, avatar, background, tournament schedule, list of tournaments, your followers and followings, content, your comments, liked content, your participation in tournaments, tournament records and any other information related to your game activity on the public modules of the Platform (modules available for viewing by other users and third parties).
8. While using the Platform, you are always responsible for any internet service provider, telephone, and other connection fees that you may incur when connecting to the Platform, even when we offer a free access.
9. Arenum employees is only allowed to use the Platform for the purpose of testing the user experience. Arenum contractors, affiliates, or partners may have the right to use the Platform without such limitation, but only if they do not have any access to non-public information (information that is of value to Arenum and whose confidentiality is protected by special measures taken) relating to the Platform, or any other advantage that would make their participation unfair to other users using the Platform.
Privacy Policy
1. Arenum shall comply with the terms of its Privacy Policy, as well as with the applicable law while receiving, processing, using, storing and protecting personal data and other information obtained during the course of your using the Platform. The Privacy Policy constitutes an inherent part of these Terms of Use. Please, read the Privacy Policy carefully to become familiarized with the detailed information related to the collection, use and disclosure of your personal data.
2. User may at their own discretion invite third parties to the Platform. User, acting as a personal data operator with respect to such third parties, instructs Arenum to store such personal data using the required security hardware and software for the proper performance of these Terms of Use by User. Arenum undertakes to keep confidential such personal data and to ensure the security of its storage. In doing so, User undertakes to obtain prior consent from such third parties to receiving requests from the Platform.
Granting a License (End-User License Agreement)
1. We hereby grant you, whereas you accept a limited, personal, non-exclusive, non-assignable, non-sublicensable, non-transferable and worldwide license to download, access and otherwise utilize the mobile and streaming application Arenum (Mobile Application) on your mobile device, in accordance with these Terms of Use (License). A copy of the Mobile Application is transferred for its further use by means of downloading the Mobile Application to your mobile device through the app store. The License is transferred to you until you or Arenum terminate the License. You undertake to use the License for the Mobile Application strictly to the extent and in the manner provided for by these Terms of Use.
2. This License applies solely to the object code of the Mobile Application (i.e. the compiled, assembled, or machine executable version of the Mobile Application) and does not grant you any rights whatsoever with respect to the source code of the software.
3. We reserve any and all rights not expressly granted in clause 4.1 above.
4. Arenum warrants that it holds the necessary rights required to grant End-User the License for the Mobile Application under these Terms of Use, and that the Mobile Application is free from any and all restrictions, legal rulings or third-party claims. Arenum warrants that the granting of the License to End-User under these Terms of Use does not infringe any third-party proprietary rights.
5. Arenum reserves the right to transfer Licenses for the Mobile Application, which are similar to the subject matter of these Terms of Use, to any other parties worldwide.
Restriction of Usage Rights
1. You are not permitted to, and you agree not to permit others (including, but not limited to) to:
  - Decode, reverse engineer, disassemble and/or decompile (translate the object (machine readable) code into a source code) any part of the Platform.
  - Modify the Platform, including but not limited to, change the program object code or the functioning of the Platform and/or any part thereof, the exception being when such changes are made through the embedded (interface) features of the Platform and are described in the documentation for the Platform.
  - Enable unauthorized persons to use the Platform, namely: disclose your credentials to third parties, including through networking and other channels, as well as sell, lease, let out or sublicense to third parties the usage right with respect to the Platform (in whole or in part).
  - Introduce any changes to the information about the Platform’s right holder, including but not limited to, change or delete the right holder’s name, the Platform’s name, texts and graphics embedded into the Platform, Arenum’s logo and other trademarks registered by Arenum and third parties.
  - Create derivative products based on the Platform or any internal functional component of the Platform, combine or integrate the Platform with any software or hardware products whatsoever, unless otherwise expressly provided for by these Terms of Use or a separate agreement between the Parties.
  - Use the Platform for commercial purposes without a written consent from Arenum.
  - Create, use, share and/or publish any materials related to the Platform (texts, words, images, sounds, video, audio files, etc.) where such actions may breach any confidentiality obligations, infringe any intellectual property rights or personal data protection rights, or provoke illegal activities such as piracy, hacking or distribution of counterfeit software.
  - Impersonate another person or legal entity, misrepresent yourself, participate in tournaments using another person’s account.
  - Advertise or promote third-party companies or products, post links to or addresses of third-party websites.
  - Publish confidential information of other users or third parties on the Platform.
  - Upload third-party copyright or trademark protected objects to the Platform.
  - Intimidate or harass other users of Arenum or propagate sexual content, violence or discrimination by race, sex, ethnicity, disability, sexual orientation or age.
  - Use the Platform to distribute materials or content that Arenum, based on its subjective judgement, considers defamatory, obscene, offensive, pornographic or hateful in nature, or soliciting, abetting and instructing others to perform unlawful acts such as criminal offense, harmful activity or self-harm, provoking or causing hostile reaction, especially trolling and bullying, or intending to harass, do harm, intimidate others, cause to suffer, as well as containing any other threats whatsoever, including threats of physical violence.
  - Use the Platform whenever its failure may directly result in death, injury or substantial physical or environmental damage.
  - Act with the intent to disrupt the tournaments on the Platform.
  - Deliberately play badly, or underuse your skills in order to correspond to the level of a less experienced participant.
  - Use cheat codes, software to automate actions or processes (bots), modifications, hacking or other unauthorized third-party software to modify or automate any processes on the Platform.
  - Use technical support or reporting functions for unintended purposes, or send false reports to the Arenum team.
  - Act as Arenum’s employee or representative, partner and/or agent, or falsely claim to be associated with the Platform or Arenum.
2. Arenum may terminate these Terms of Use by deleting User’s account if User violates the provisions set forth in this section. Arenum has the right to revoke the Mobile Application license, delete the account, cancel the prizes received, and take liability measures against User in accordance with applicable law. In doing so, Arenum reserves the right whether to give prior notice to User of terminating these Terms of Use and deleting the account.
Fees and payments
1. Any purchases or stakes from the site or marketplace will be done through smart contracts on a blockchain using a wallet. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the Platform or using the Smart Contracts, or any other transactions that you conduct via the Solana network.
2. Solana requires the payment of a transaction fee for every transaction that occurs on the Solana network. The Fee funds the network of computers that run the decentralized Solana network. This means that you will need to pay a Fee for each transaction that occurs via the Platform.
3. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, «Taxes») associated with your use of the Platform (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your charecters). Except for income taxes levied on the Platform, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
Activity
1. Various activities are held on the Platform, such as tournaments, challenges and others.
2. Tournaments are in-game competitions held among Platform users who have expressed their willingness to participate in such competitions, with winners determined by criteria clearly defined by a particular game, on account of the skill level of each particular player. Tournaments held on the Platform can be held in any form, the description of the tournament, its duration and other rules for participation are published in the tournament card.
3. A challenge is a type of competition where every user can make any number of attempts to demonstrate the best result and win over all other participants of the challenge. Winners determined by criteria clearly defined by a particular game, on account of skill level of each particular player.
4. By registering for any activity on the Platform (participating in an activity such as a tournament, challenge, etc.), you explicitly acknowledge that you have read and understood the Rules for such activity, which are located on each activity card.
5. Each User acknowledges that the results of challenges, matches and tournaments offered on the Platform are directly related to the skill level of each participant. Arenum shall not comment and does not have information regarding the probability of one participant winning against another participant, and does not make any statements about the chances of a certain participant to win.
6. By registering for a tournament, you agree to participate in the tournament until its conclusion together with any other users. Arenum may at its own discretion determine the date and time of each particular match, and the tournament and challenge schedule.
7. If you joined a team, you agree that the captain of the team you joined has the right to register such a team for the tournament.
8. Arenum reserves the right at its sole discretion to determine your right to participate in any activity on the Platform, as well as to withdraw or amend the Rules of any activity at any time without prior notice and without any liability to you.
9. The list of winners are displayed in the activity card after such activities are completed.
10. The results and winners of each activity are determined by the Platform automatically based on the actual data received during the course of the game. By registering and participating in an activity, you agree that the results are final and cannot be appealed, unless otherwise stated in the Rules of such activity.
11. You may not:
  1. Use a third-party account when participating in any activity on the Platform, as well as the introduction in the registration form of a nickname different from the actual nickname in the game.
  2. Participation in the Tournament with a level lower than required by the rules of the tournament specified in the Tournament Info.
  3. Deliberately play badly, or underuse your skills in order to correspond to the level of a less experienced participant.
  4. Use bots, programs or similar methods, use desktop emulators that enable mobile games to be played on a desktop device, when participating in activities, or performing other fraudulent activities in relation to the Platform. Any such attempt to do so shall constitute a violation of both civil and criminal law and will result in the participant being banned from accessing their account, as well as their prizes and tickets. Arenum reserves the right to terminate access to any account whose owner is suspected of having tampered with the results of their game for the purpose of participating in any activity on the Platform or has otherwise violated these Terms of Use or the Rules of such activity, as well as the right to seek prosecution;
  5. team up with several solo players to enter a collusion and win other solo players (teaming);
  6. distribute lobby ID and password and invite third-party persons not registered in the Tournament through the gaming service itself.
Content
1. Arenum provides various features on the Platform to create content, that is all information generated and uploaded by User to the Platform: video, audio files, texts, photos and metadata, including those newly created by User using the features and tools available on the Platform. User shall be deemed the right holder of their uploaded content. User shall be able to follow the content created and uploaded by other users (see their content in your content feed). The content is available for other users of the Platform, Arenum and third parties.
2. User hereby represents and warrants to Arenum that User has sufficient rights for the entire content to be provided to Arenum and third parties (tournament organizers and other users). Such rights include, but are not limited to, any intellectual property or other proprietary rights or copyrights affected by or in connection with the Content. Notably, with regard to content uploaded to the Platform, User represents and warrants that this content was originally created by User. Likewise, with regard to content uploaded to the Platform that was created jointly with third parties, User represents and warrants that they have a right to transfer the non-exclusive license to such content on behalf of other rights holders. Furthermore, User represents and warrants that the content and the transfer of the non-exclusive license and the granting of rights to such content do not breach these Terms of Use or any regulations.
3. By creating or uploading content to the Platform, that is making it available, User grants Arenum and its affiliates the right to use such content under a limited, personal, non-exclusive, worldwide license on a gratis basis, including the right to reproduce, modify, create derivatives, distribute, transmit, transcode, translate, broadcast, publicly display and publicly reproduce the content and derivatives thereof for the purpose of use, distribution and promotion of the Platform. Such license is granted by Arenum when you create content using the Platform’s features or when you upload content to the Platform, for the entire term of the exclusive intellectual property right. Such license may be terminated if Arenum has breached the Terms of Use and failed to remedy such breach within fourteen (14) calendar days upon receipt of a notice from User at ap@arenum.io. Termination of such license shall not affect the rights of any sublicensees obtained under any sublicense granted by Arenum prior to termination. Arenum is the sole owner of derivatives created by Arenum based on User’s content and is therefore entitled to grant rights to these derivatives. Arenum does not claim ownership of your content; rather, subject to the rights granted to us under these Terms of Use, you retain full ownership of all your content and any intellectual property or other proprietary rights in relation to your User content.
4. You authorize Arenum to use your nickname, avatar, background, content, your photo image and video content, game related data and statistics, tournament records and any other information relating to your game activity on the Platform under a limited, personal, non-exclusive, worldwide license on a gratis basis, including the right to reproduce, modify, create derivatives, distribute, transmit, transcode, translate, broadcast, publicly display and publicly reproduce for the purpose of using, distributing and promoting the Platform.
5. The entire content uploaded or created by User via the Platform’s interface, including video and audio files, is converted by the Platform’s embedded functionality into such formats that can assure the optimal possible quality of content displayed on User interface on all supported devices.
6. User grants Arenum a limited, personal, non-exclusive, worldwide license on a gratis basis to use their nickname, avatar, voice, image to identify User as a source of content.
7. All rights that are granted to User under the Terms of Use in connection with the posted content are granted on a «through-to-audience» basis, i.e. the owners or operators of third-party platforms (such as social media) shall not be liable to User or any third party for the content posted and/or used on such third-party platforms through the Platform.
8. Arenum may disclose User’s identity to any third party who claims that certain content posted or uploaded by User to the Platform constitutes an infringement of intellectual property rights or privacy rights.
9. Any information disclosed by User on the public modules of the Platform may be disclosed due to the public nature of such modules. Arenum shall not be liable for any information that you choose to disclose.
10. Arenum is not the creator of content or tournaments held with the use of the Platform (unless otherwise stated in the content itself or tournament info). User is fully responsible for complying with the applicable law while using the Platform’s feature(s) related to the organization, planning and/or management of tournaments (including but not limited to, their start, suspension and termination), the composition and geographical location of tournament participants, as well as the content created or uploaded by User when interacting with the Platform.
11. Arenum shall not be liable for any content that contains errors, defamation, obscenities or pornography. Arenum shall not be liable for and may not associate itself with any statements or appeals contained in the content. Arenum reserves the right to delete, view or edit any content posted or stored on the Platform at any time and without prior notice, including in cases where such content breaches the Terms of Use or applicable law, and User shall be solely responsible for backing up and replacing any content posted on the Platform at their own expense.
Partner Program
1. Arenum reserves the right to revoke any partner program that we create specifically for users. We may at any time change any partner program that we implement. Any additional terms applicable to the partner program will be displayed together with the partner program. By joining the partner program and/or participating in the partner program, you acknowledge that you agree to its terms.
Intellectual Property Rights
1. All intellectual property rights related to the Platform are owned by Arenum and/or its affiliates. All rights are reserved, unless otherwise provided for by these Terms of Use. The Platform is protected by copyright laws, international intellectual property treaties and conventions and other regulations. The Platform contains certain licensed materials, and the right holders of these materials shall be entitled to protect their rights in the event that such rights and these Terms of Use are violated.
2. Arenum respects the intellectual property of third parties and abides by the «Digital Millennium Copyright Act» (DMCA) and other applicable laws, while User undertakes not to infringe any intellectual property rights when interacting with the Mobile Application. If you are a copyright owner or a legal representative thereof and believe that certain content posted on the Mobile Application infringes your copyright, please notify us at ap@arenum.io.
3. User hereby authorizes Arenum to use User’s feedback about the Platform published by same on the Platform or the Mobile Application, mobile application stores and in any events organized with respect to Arenum clients, including the posting of feedback on the publicly available Arenum website, for promotion purposes and in marketing materials.
4. Arenum may upload links to third-party websites or products and you may opt to use such third-party offers by following the link, or you may opt to ignore the link. Such third-parties may charge additional usage fees, which are neither included nor related to any fees for using our services. We may also grant access to websites of third-party developers, who provide content, goods and/or services through the Platform or the internet. Any additional costs or obligations that you may incur in your dealings with these third parties shall be your responsibility. We make no representations or warranties, either express or implied, regarding any third-party websites. In particular, we neither represent nor warrant that any service or subscription offered via third-party providers will not change or be suspended or terminated.
Applicable Law and Disputes
1. Unless otherwise required by the mandatory laws of a member state of the European Union or any other jurisdiction, these agreements fall within the scope of the law of the Republic of Estonia, irrespective of the principles of choice or conflict of laws.
2. User agrees that any claims that are the subject of a dispute shall be lodged by User personally, rather than part of any class action lawsuit.
3. You obey all laws of the territory, state and/or country where you reside and where you access the Platform, and you are solely responsible for compliance with those laws. You agree that Arenum is not and cannot be held liable if your participation in tournaments is restricted or prohibited by the legislation applicable to you. We do not guarantee that materials, services or information posted on the Platform are suitable or accessible for the use. Access to the territories where its content is illegal or restricted is prohibited. Including, access is prohibited to users from such US states as: Arizona, Arkansas, Connecticut, Delaware, Florida, Louisiana, Maryland, Montana, South Carolina, South Dakota and Tennessee. In addition, Maine and Indiana users are not permitted to participate in tournaments that involve playing cards. You access this website from locations outside the Republic of Estonia at your own risk and shall bear responsibility for compliance with the local laws.
Limitation of Liability
1. Arenum provides User with the Platform on an «AS IS» basis and all risks associated with the suitability and applicability of the Platform for a particular purpose, the nature of its execution, compatibility, and performance of the Platform, not expressly stated in these Terms of Use, shall be borne by User. Arenum does not provide User with any express or implied warranties of any kind with respect to any risks, and disclaims any such warranties. For the avoidance of doubt, Arenum does not provide any warranties not expressly stated in these Terms of Use.
2. he Parties shall be liable for non-performance or improper performance of these Terms of Use as per the applicable law of the Republic of Estonia and other applicable laws of any other jurisdictions, and pursuant to these Terms of Use.
3. You agree that Arenum does not bear responsibility for any direct, immediate, incidental, inentional, indirect or approximate damage, including, but not limited to, damage, deprivation or loss, even if the opportunity to receive compensation for such damage was offered earlier; among other things, Arenum shall not be liable if the damage is caused by: (a) the use or unsuccessful use of the Platform; (b) receipt of additional services, bonuses, gifts; © unauthorized access or loss of access to your account; (d) anyone’s claim or behavior in connection with the Platform; (e) any other item regarding the Platform and the services we provide.
  If, notwithstanding other provisions of these Terms of Use, Arenum is obliged to be liable to you for any of your damage or loss in connection with your use or inability to use the Platform, Arenum’s liability in no way can exceed (a) your expenses on the Platform incurred 6 (six) months prior to the date when you submitted your initial claim against Arenum, or (b) EUR 100.00.
4. You shall be solely liable for any damage caused to Arenum, its partners, providers of related services and subcontractors, other users or any private individuals or legal entities as a result of your breaching these Terms of Use.
5. You agree that, regardless of any applicable legislation, any claims or causes of action arising from or associated with your use of the Platform, Terms of Use or Privacy Policy must be filed within 1 (one) year after the grounds for the claim arise, otherwise reasons for the claim shall be forgotten forever.
Assumption of risk
You accept and acknowledge each of the following:
1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Platform’s assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Platform’s assets will not lose money.
2. You are solely responsible for determining what, if any, taxes apply to your Platform’s assets-related transactions. Arenum is not responsible for determining the taxes that apply to your transactions on the Platform, the Site, or the Smart Contracts.
3. The Arenum does not store, send, or receive Platform’s assets. This is because Platform’s assets exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain on the Solana network. Any transfer of Platform’s assets occurs only on the Solana network.
4. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Arenum will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Solana network, however caused.
5. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Arenum ecosystem, and therefore the potential utility or value of Platform’s assets.
6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform’s assets ecosystem, and therefore the potential utility or value of Platform’s assets.
Technical Support and Reporting Issues
1. If you would like to submit a request for technical support or a refund or to report an issue, please email at ap@arenum.io. Arenum takes care that any reported issues or disputes are handled fairly, openly and in a timely manner.
2. In the event that we receive a reasonable and credible report about your breaching these Terms of Use, we may delete or suspend your account. You cannot use the account once it has been suspended. Arenum will consider each breach on a case-by-case basis, and decide at its own discretion whether your Account should be deleted or temporarily suspended. Furthermore, Arenum reserves the right to cancel your prizes.
Term and Termination
1. These Terms of Use shall come into effect upon the acceptance by User and shall continue in force until terminated by you or Arenum.
2. Sections 3-5, 6, 10-12 of these Terms of Use shall survive the expiry or termination of these Terms of Use.
3. You may terminate these Terms at any time by canceling your account on the Platform and discontinuing your access to and use of the Platform. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Platform. You agree that any suspension or termination of your access to the Platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Platform or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
4. In the event that the account is deleted, User shall not be entitled to a refund, including but not limited to, a refund of prizes.
Miscellaneous
1. Severability. In the event that any provision of these Terms of Use, in whole or in part, is ruled by a court or another legal authority of competent jurisdiction to be invalid, illegal, null and void or unenforceable, then this provision or its respective part shall be deemed annulled, whilst the remaining provisions shall be deemed severable and remain in full force and effect, the exception being when such partial invalidity materially alters the intentions of the Parties existing at the point of concluding these Terms of Use.
2. Legal rights. You may have additional rights in relation to the legal relations set forth in these Terms of Use as provided for by the law of your country. These Terms of Use do not change your rights granted under the law of your country, unless this is permitted by the law of your country.
3. Entire agreement. These Terms of Use constitute the entire agreement on your use of the services and supersedes any other prior or contemporaneous agreements on this subject matter.
4. No assignment by you. You are not allowed to assign any rights or obligations under these Terms of Use to a third party.
5. Independent parties. The parties are independent parties, and these Terms of Use do not create any agency, partnership or joint venture relationship.
6. Force majeure. The Parties are exempted from liability for non-performance or improper performance of these Terms of Use in the event of certain circumstances such as natural disasters, military actions or terrorist attacks, riots, changes in the working conditions, government actions and internet disruption, provided that such circumstances are beyond reasonable control of the Party affected.