Terms of Service

(Last Updated November 28, 2020)

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 19 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH ALETHEIA WARE ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.

  1. Acceptance of Terms

    Welcome to the Aletheia Ware LLC (“Aletheia”) web and mobile apps. Aletheia owns and operates www.aletheiaware.com and its mobile, touch or affiliated websites or applications we may have now or in the future that refer to these Terms of Service (collectively, the “App”). Aletheia operates the App to provide access to blockchain-based games and services (the “Services”).

    By using the App or Services, you agree to comply with and be legally bound by the terms, conditions, and restrictions of these Terms of Service (“Terms”). Please read these Terms and our Privacy Policy carefully. Our Privacy Policy is incorporated by reference into these Terms. If you do not agree to these Terms, including our Privacy Policy, you have no right to obtain information from or otherwise continue using the App or Services.

    Individuals who use the App are referred to as “Users”, “you” or “your”. If you access the App or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, “you” and “your” will refer to that legal entity. “We”, “us”, or “our” refer to Aletheia. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

    THE SERVICE IS AN APP FACILITATING ACCESS TO TOOLS AND FEATURES WHICH ALLOW USERS TO ENGAGE WITH BLOCKCHAIN-BASED GAMES OR SERVICES. YOU UNDERSTAND AND AGREE THAT DATA UPLOADED TO ANY BLOCKCHAIN CANNOT BE CHANGED, DELETED OR MOVED. ALETHEIA WARE AND YOU HAVE NO ABILITY TO CHANGE, DELETE OR MOVE DATA IN A BLOCKCHAIN BLOCK! YOU ASSUME ALL RESPONSIBILITY FOR WHAT DATA YOU CONTRIBUTE TO A BLOCKCHAIN; ALETHEIA WARE DISCLAIMS ALL LIABILITY TO YOU OR ANY OTHER PERSON REGARDING WHAT YOU CONTRIBUTE TO A BLOCKCHAIN TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

  2. Modification

    Aletheia reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the App, Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the App. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms will automatically take effect upon posting; provided, however, that material changes to the Terms will be effective as to an existing User thirty (30) days after posting. By continuing to access or use the App after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the App and Services.

  3. Eligibility

    The Services are intended solely for persons who are 18 or older, or 13 and older if either an emancipated minor, or he/she possess legal parent or guardian consent. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them.

  4. About the Service; Registration

    The Service allows Users to access certain features, tools or functionality of the App, and also to create and manage an account. To access and use all features of the Services, you must register an account (“User Account”) by following the prompts on the App. You agree to provide accurate, current and complete information during registration and to update such information to keep it accurate, current and complete. You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your User Account. You are solely responsible for your User Account.

  5. Service Process; Fees

    To receive all of the Services, you must subscribe to one of our subscription plans and pay the associated fees (the “Service Fee”). Service Fees are non-refundable. You must provide account information for at least one valid Payment Method (e.g., a credit or debit card), and hereby authorize us (through our third party payment processor service provider) to charge your Payment Method for all Service Fees. Aletheia may suspend or terminate your account at any time that your Payment Method is declined or otherwise becomes invalid.

  6. User Affirmations, Conduct and Use

    By using the Service, you represent, warrant and agree to the following:

    • You will comply with all laws, rules, regulations, or obligations that may apply to your use of the Service.

    • Nothing that you upload or transmit using the App will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy.

    • You will not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “frame,” “mirror,” “scrape,” “crawl” or “spider” any web pages or other services contained in the Services.

    • You will not use the Service for any commercial or other purposes that are not expressly permitted by these Terms.

    • You will not copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms.

    • Your will not interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

    • You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

    • You will not systematically retrieve data or Content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

    • You will not access, tamper with, or use non-public areas of the App or Service, Aletheia’s computer systems, or any third-party provider system.

    • You will not attempt to probe, scan, or test the vulnerability of any Aletheia system or network or breach any security or authentication measures.

    • You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Aletheia or any of Aletheia’s providers or any other third party (including another Users) to protect the App or Service.

    • You will not advocate, encourage, or assist any third party in doing any of the foregoing.

    Aletheia will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Aletheia may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.

    You acknowledge that Aletheia has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

  7. Ownership; Licenses

    The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Service, including the App and all associated intellectual property rights, is the exclusive property of Aletheia and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App.

    Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable license, to access and utilize the App and the Services made available to you. You have no right to sublicense the license rights granted in this section. You represent, warrant and agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Aletheia or its licensors, except for the licenses and rights expressly granted in these Terms.

  8. Links

    The App may contain links to third-party blockchain, mobile or web applications, or other resources. You acknowledge and agree that Aletheia is not responsible or liable for: (i) the availability or accuracy of such applications or resources; or (ii) the content, products, or services on or available from such applications or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such applications or resources, or the products or services on or available from such applications or resources.

  9. Advertisements

    Aletheia may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the App. By clicking on the advertisements, you may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that Aletheia is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.

  10. Proprietary Rights Notices

    All trademarks, service marks, logos, trade names and any other proprietary designations of Aletheia used herein are trademarks or registered trademarks of Aletheia. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

  11. Termination

    We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the App or Service. In the event we terminate these Terms, or your access to our Services or deactivate or cancel your User Account, you will remain liable for all funds due hereunder. You may cancel your Account at any time by contacting us or following the prompts on the App. Please note that if your User Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.

  12. Disclaimers

    IF YOU CHOOSE TO USE THE APP OR SERVICES, YOU DO SO AT YOUR SOLE RISK. THE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ALETHEIA WARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALETHEIA WARE MAKES NO WARRANTY THAT THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

  13. Limitation of Liability

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP OR SERVICE REMAINS WITH YOU. NEITHER ALETHEIA WARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE APP OR SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE APP OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALETHEIA WARE HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  14. Indemnification

    You agree to release, defend, indemnify, and hold Aletheia and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the App or Services or your violation of these Terms; (b) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (c) any claim that your use of the App or Services caused damage to a third party. Aletheia shall have the right to control all defense and settlement activities.

  15. Assignment

    You may not assign or transfer these Terms, by operation of law or otherwise, without Aletheia’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Aletheia may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  16. Notices

    Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Aletheia by posting to the mobile or web App or the Services. For notices or communications by Aletheia made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.

  17. Controlling Law and Jurisdiction

    You agree that (i) the App and Services shall be deemed solely based in California, and (ii) the App and Services shall be deemed a passive application that does not give rise to personal jurisdiction over Aletheia, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.

    YOU AND ALETHEIA WARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.

  18. Severability

    These Terms are intended to govern the agreement between Aletheia and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

  19. Dispute Resolution Provision

    You and Aletheia agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the App or Service (collectively, “Disputes”) will be settled by individual binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

    You acknowledge and agree that you and Aletheia are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Aletheia otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

    • Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available here or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    • Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration here and a separate form for California residents here. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

    • Arbitration Location and Procedure. Unless you and Aletheia otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Aletheia submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

    • Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

    • Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $20,000, Aletheia will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

    • No Class Action. YOU AND ALETHEIA WARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

    • Changes. Notwithstanding the provisions of the “Modification” section above, if Aletheia amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to support@aletheiaware.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Aletheia’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Aletheia in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

    • Enforceability. If the “No Class Action” section of this Dispute Resolution Provision is found to be unenforceable, or if the entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.

    • Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver. You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying us in writing within 30 days of the date you first registered for the Services. To opt out, you must send a written notification to Aletheia, Inc., Attn: Legal, 1420 Turk Street, No. 1005, San Francisco, CA 94115 that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions. Alternatively or in addition, you may send this written notification to support@aletheiaware.com.

  20. International Users

    Aletheia makes no claim that the App is appropriate or may be downloaded outside the United States. If you access the App from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.

  21. Feedback and Reporting Misconduct

    We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the App and Service. You may submit feedback by emailing us at support@aletheiaware.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Aletheia and you hereby irrevocably assign to Aletheia and agree to irrevocably assign to Aletheia all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Aletheia’s request and expense, you will execute documents and take such further acts as Aletheia may reasonably request to assist Aletheia to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

  22. General

    The failure of Aletheia to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aletheia. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

    Certain Services features or application areas (and your access to or use of certain aspects of the App or Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the App or Service, the latter terms and conditions will take precedence with respect to your use of or access to that area of the App or Services.

  23. Notice to California Residents

    If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

  24. Entire Agreement

    These Terms constitute the entire and exclusive understanding and agreement between Aletheia and you regarding the Service, and supersede and replace any and all prior oral or written understandings or agreements between Aletheia and you regarding the same.

    Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.

© 2018-2020 Aletheia Ware LLC. All rights reserved.