These Terms of Service (“Terms”) constitute a legal agreement between you and Aiur Labs, Inc. (“Aiur Labs”, “JRNY”, “we”, “us”, and “our”) regarding the Experience (as defined herein), and any other services we provide relating to the Experience, including but not limited to your access and/or use of the Site. “Experience” means the access or use of the site accessible via dashboard.jrny.club to seek to, attempt to or actually interact with certain software accessible therethrough (including, but not limited to, one or more smart contracts, each, a “Smart Contract”) resulting in “burning” of one non-fungible token (“NFT”) and receiving one new NFT (as defined below)(such process, the “The Awakening”) and any documentation, software, updates, New NFTs, and Content (each defined below) included in, accessible during, or the result of participating in the Experience. To make these Terms easier to read, the Experience, the Site, and any other services we provide relating to the Experience are collectively called the “Services.”
NOTICE ON PROHIBITION OF RESTRICTED PERSONS: THE EXPERIENCE AND SERVICES ARE NOT OFFERED TO AND MAY NOT BE ACCESSED OR USED BY PERSONS OR ENTITIES WHO: (A) RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW); OR (B) LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS, BLOCKED PERSONS LIST, OR ANY OTHER CONSOLIDATED PROHIBITED PERSONS LIST AS DETERMINED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY (EACH SUCH PERSON OR ENTITY, A “RESTRICTED PERSON”).
FOR THE PURPOSES OF THE TERMS, “RESTRICTED TERRITORY” MEANS ANY STATE, COUNTRY, OR OTHER JURISDICTION THAT IS DESIGNATED BY THE U.S. SECRETARY OF STATE AS A COUNTRY SUPPORTING INTERNATIONAL TERRORISM, OR TO WHICH U.S. NATIONALS CANNOT LAWFULLY ENGAGE IN TRANSACTIONS AS DESIGNATED BY THE OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”), INCLUDING CUBA, IRAN, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, SYRIA, AND THE CRIMEA, DONETSK, AND LUHANSK REGIONS OF UKRAINE.
WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, YOU ARE NOT PERMITTED TO, AND ARE INSTRUCTED, NOT TO ATTEMPT TO, USE THE ANY RELATED SERVICES. USE OF A SCHEME, ARTIFICE, METHOD OR MEAN (E.G., A VIRTUAL PRIVATE NETWORK), WHETHER DIRECT OR INDIRECT, THAT IS INTENDED OR REASONABLY LIKELY TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED, AND YOU ARE HEREBY ORDERED TO EXIT FROM THE SITE AND IMMEDIATELY CEASE ANY FURTHER USE OF THE SERVICES. Aiur Labs may enlist the services of third-party providers specializing in identifying and preventing access by Restricted Persons or entities. These services may include, but are not limited to, screening against government and international watchlists. As part of the user registration process, all users will be required to agree to our Terms and explicitly declare that they are not a Restricted Person and do not reside, are not a citizen of, are not located in, are not incorporated in, and do not have a registered office in any Restricted Territory. Users are prohibited from using any scheme, artifact, method, or means that is intended or reasonably likely to circumvent the restrictions set forth in our Terms, including the use of virtual private networks (VPNs) to mask their location. Aiur Labs reserves the right to monitor and investigate any suspicious activity that may indicate a violation of this prohibition. Any user found to be in violation of these restrictions, or attempting to circumvent them, will have their access to the Services immediately terminated. Aiur Labs reserves the right to take further legal action against such users, including reporting to relevant authorities.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 21 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 20 (GOVERNING LAW AND FORUM CHOICE) OR RELEVANT PROVISIONS OF APPLICABLE LAW WILL STILL APPLY. To initiate arbitration, the party seeking arbitration must send a written Notice of Dispute to Aiur Labs, outlining the nature of the dispute and the desired resolution. Aiur Labs will provide a form for this Notice upon request. The arbitration will be initiated through the American Arbitration Association (AAA), and the party must follow the AAA's procedures for initiating arbitration.The arbitration will be conducted by a single arbitrator selected according to the AAA Rules. The arbitrator will have experience in the field of digital assets, blockchain technology, or related areas, ensuring a knowledgeable and fair adjudication process. The arbitration will proceed according to the AAA Consumer Arbitration Rules, with modifications as agreed upon by both parties or as deemed necessary by the arbitrator to ensure a fair and expedient process. All arbitration proceedings will be held in English and conducted remotely via videoconference or teleconference, unless both parties agree otherwise. The costs of arbitration, including the arbitrator's fees, administrative fees, and costs of using the arbitration forum, will be shared equally between Aiur Labs and the user unless the arbitrator decides that the fees should be allocated differently as part of the award based on the circumstances of the case. Each party will bear its own attorneys' fees and costs unless the arbitrator awards attorneys' fees and costs to the prevailing party under applicable law. The arbitration proceedings and any award or settlement will be confidential, and both parties commit to maintaining the confidentiality of all information related to the arbitration, except as necessary to comply with legal or regulatory requirements or to enforce an arbitration award. Notwithstanding the above, both parties retain the right to seek provisional or equitable relief from a court of competent jurisdiction, such as an injunction or order for specific performance, to preserve the status quo or prevent irreparable harm pending arbitration. The arbitrator's decision will be final and binding on both parties. The arbitrator will provide a written statement of decision detailing the essential findings and conclusions on which the award is based. The award may be confirmed and enforced in any court of competent jurisdiction. Any changes to this arbitration agreement will not apply to disputes for which the parties have actual notice on or before the date the change is posted on the Services.
By accessing and/or using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you are prohibited from seeking to or actually accessing or using the Services. Anything you purchase or receive from or through access or use of the Services is non-refundable and certain interactions within the Experience may be permanent or irreversible, and are outside of the control of Aiur Labs. For the avoidance of doubt, “burning” your JRNY CLUB Pass NFT, and receiving a New NFT, in each case as described in Section 7(a), is permanent and irreversible.
Please review our Privacy Policy, which also governs your access and use of the Services, for information on how we (or our third-party representatives or affiliates) collect, use and share your information.
To access and use the Services:
Notwithstanding the foregoing, we reserve the right, at any time, in our sole discretion, to block access to all or part of the Services for any reason in our sole discretion.
You agree not to do any of the following with respect to the Services, as determined by us in our sole discretion, as applicable:
Aiur Labs is committed to providing a secure, respectful, and law-abiding platform for our users. To further clarify the scope and enforcement of our license and service restrictions, we offer the following detailed provisions:
Prohibited Uses: The Services provided by Aiur Labs are intended for personal, non-commercial use only, unless explicitly authorized by Aiur Labs. Users are prohibited from exploiting the Services for any unauthorized commercial purposes, including but not limited to resale of services, assets, or access to any third party.
Access and Interference: Users agree not to interfere with, disrupt, or attempt to gain unauthorized access to the Services, other users' accounts, or any related networks or systems. The use of bots, scrapers, or other automated methods to access or collect data from the Services without Aiur Labs' express permission is strictly prohibited.
Circumvention of Security Measures: Any attempt to circumvent or breach security measures, encryption, or access controls instituted by Aiur Labs is strictly forbidden. This includes, but is not limited to, creating or exploiting vulnerabilities in the Services or in the software used to provide the Services.
Enforcement Actions: Aiur Labs reserves the right to take any and all actions necessary to enforce these License and Service Restrictions, including, but not limited to:
Immediate suspension or termination of service without notice for users found in violation.
Legal action against individuals or entities responsible for breaches, including claims for damages and injunctive relief.
Collaboration with law enforcement in investigating and prosecuting users who violate these terms or engage in illegal behavior.
Reporting and Remediation: Users are encouraged to report suspected violations of these restrictions to Aiur Labs. Aiur Labs commits to investigating all credible reports and taking appropriate action to remediate any issues identified.
Consequences of Violation: Violations of these License and Service Restrictions may result in immediate suspension or termination of your account, loss of access to the Services, and forfeiture of any content or assets associated with your account. Aiur Labs reserves the right to pursue further legal action if necessary to protect its interests or those of its users.
Updates and Amendments: Aiur Labs may update these restrictions from time to time to address emerging threats or changes in technology or legal requirements. Users will be notified of significant changes through the Services or via email.
By agreeing to these Terms, users acknowledge and agree to adhere to these License and Service Restrictions. Aiur Labs is committed to ensuring a secure and respectful environment for all users and will enforce these terms to maintain the integrity and legality of the Services.
We and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services. Subject to applicable privacy laws, although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law and for any other reason set forth or contemplated in the Privacy Policy. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of these Terms or conduct that affects the Services.
You are required to follow, and are solely responsible for following, all instructions available from time to time on the Site in connection with the Experience. If you fail to follow any or all such instructions, you may not be able to complete the Experience, or errors may occur that impact or affect the Experience, including but not limited to, your eligibility to receive, or actually receive, any of the New NFTs.
Your burning of your JRNY CLUB NFT and minting of a New NFT will be made through the functionality available through the Experience. There may be limits to the quantity and number of times you can receive New NFTs or other aspects of your Transaction; for example, you are only eligible to receive a maximum of one of each New NFT for each eligible JRNY CLUB Pass NFT that you burn.
You are not required to participate in the Experience or seek to receive a New NFT. By participating in the Experience and minting or otherwise receiving a New NFT, you agree to be bound by the applicable license agreement in all respects. You are solely responsible for ensuring your compliance with each license agreement that applies to the New NFT you receive, and if you do not wish to be bound by the terms of the license agreements, you are not permitted to attempt to or actually participate in the Experience.
Definition and Nature of Stardust: Stardust is a proprietary rewards points system developed and operated by Aiur Labs ("we", "us", "our"). It is designed to reward users ("you") for engaging with our Services and participating in various activities within the Aiur Labs ecosystem. Stardust points ("Stardust") are granted as a token of appreciation for your engagement and participation. It is important to note that Stardust is not a currency, digital currency, cryptocurrency, legal tender, or a financial instrument of any kind. Stardust is intended for use solely within the Aiur Labs ecosystem as a means to access specific utilities, participate in raffles, giveaways, and avail of other member-exclusive opportunities.
Acquisition of Stardust: You may earn Stardust through participation in qualifying activities as defined by Aiur Labs. These activities may include, but are not limited to, participating in events, completing certain actions within our Services, or contributing to the Aiur Labs community in ways specified by us. The criteria for earning Stardust, and the amount of Stardust awarded, will be determined by Aiur Labs at our sole discretion and may be subject to change. You cannot purchase Stardust through any legal tender, nor can it be sold or exchanged for legal tender.
Use of Stardust: Stardust can be used to access various utilities within the Aiur Labs ecosystem, such as entering raffles, accessing giveaways, or other benefits we may offer. Details on how Stardust can be used, including any limitations or restrictions on their use, will be provided as part of specific offers or promotions.
No Monetary Value: Stardust does not represent any stored value and cannot be exchanged for cash, property, or any tangible or digital goods outside of the Aiur Labs ecosystem. Stardust is intended to enhance your experience with our Services and is not an investment, asset, or currency. The allocation of Stardust is at the sole discretion of Aiur Labs and does not entitle users to any rights or ownership interest in Aiur Labs or its assets.
Wallet Binding and Recovery: Stardust is bound to your digital wallet address as registered with Aiur Labs. In the event that you lose access to your wallet, your accumulated Stardust cannot be recovered, transferred, or refunded. It is your responsibility to ensure the security and control of your wallet. Aiur Labs is not responsible for any loss of Stardust due to lost, compromised, or inaccessible wallets.
Amendments to the Stardust Program: Aiur Labs reserves the right to modify, suspend, or discontinue the Stardust rewards program at any time without notice. This includes changes to the manner in which Stardust is earned, used, or managed within the Aiur Labs ecosystem. Any changes will be effective immediately upon posting to our website or direct communication to you, unless otherwise stated.
By participating in the Stardust rewards program, you acknowledge and agree to these terms, and understand that your accumulation and use of Stardust are governed by this Section 8 along with the broader Terms of Aiur Labs.
Questing within the Aiur Labs ecosystem represents a unique engagement opportunity for users, allowing them to participate in various challenges ("Quests") to earn rewards such as Stardust, experience points (XP), and other utilities specific to the Aiur Labs ecosystem. Participation in Quests is subject to the following terms and conditions, which are designed to ensure a fair, secure, and enjoyable experience for all users while protecting Aiur Labs from potential liabilities.
Participation Eligibility
General Eligibility: All users wishing to participate in Quests must meet general eligibility criteria as defined in the Aiur Labs Terms of Service. Additional specific prerequisites may apply for individual Quests.
Prerequisites: Certain Quests may require users to meet specific prerequisites before participation, such as holding a particular NFT, reaching a certain level of XP, or other criteria set forth by Aiur Labs. Details of these prerequisites will be clearly communicated within the Quest description.
Rewards
Types of Rewards: Rewards for completing Quests may include, but are not limited to, Stardust, XP, and other utilities or benefits within the Aiur Labs ecosystem. The nature and quantity of rewards are determined by Aiur Labs and may vary between Quests.
Variable Rewards: Rewards for Quests are subject to change and may vary based on a number of factors, including user performance, level of participation, and other criteria as determined by Aiur Labs.
No Guarantee of Value: Rewards earned through Questing, including Stardust and XP, do not represent any stored value, financial asset, or legal tender. Aiur Labs makes no guarantees regarding the real-world value, transferability, or liquidity of rewards.
Quest Conditions
Quest Availability: Aiur Labs reserves the right to modify, suspend, or discontinue any Quest at any time without notice. This includes changes to Quest requirements, rewards, and availability.
Fair Play: Users agree to engage in Quests in a manner consistent with fair play and the spirit of the Aiur Labs community. Aiur Labs prohibits any form of cheating, exploitation of Quest mechanics, or behavior that unfairly disadvantages other users.
Compliance: Participation in Quests must comply with all applicable laws and regulations. Users are solely responsible for ensuring their participation is lawful in their jurisdiction.
Limitation of Liability
Quest Participation: Aiur Labs is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to user participation in Quests. This includes, but is not limited to, loss of rewards, data, or potential earnings.
Technical Issues: While Aiur Labs strives to ensure a seamless experience, we are not liable for issues outside of our control, including but not limited to technical malfunctions, network delays, and blockchain-related complications that may affect Quest participation or reward distribution.
Changes to Questing Terms
Aiur Labs reserves the right to update or change these Questing terms at any time. Users will be notified of significant changes through their registered email or via announcements on the Aiur Labs platform. Continued participation in Questing following such changes constitutes acceptance of the new terms.
By participating in Questing, users acknowledge they have read, understood, and agreed to these terms, which form part of the broader Aiur Labs Terms. Questing is designed to enhance the user experience within the Aiur Labs ecosystem, and we encourage all participants to engage with Quests responsibly and respectfully.
As part of the Aiur Labs ecosystem, users may be invited to participate in Quests that involve interaction with various social media platforms ("Social Media Quests"). These activities may include, but are not limited to, liking, commenting on, or sharing Aiur Labs' content, as well as posting users' own content related to their experiences within the Aiur Labs ecosystem. Participation in Social Media Quests is subject to the terms and conditions outlined below.
User Responsibilities and Conduct
Compliance with Social Media Policies: Users agree to comply with the terms of service, community guidelines, and any other applicable policies of the social media platforms used to participate in Social Media Quests. This includes, but is not limited to, respecting copyright laws and avoiding the posting of prohibited content.
Authentic Engagement: Users commit to genuine engagement in Social Media Quests, refraining from the use of bots, fake accounts, or any other means of artificial engagement. Aiur Labs advocates for authenticity and values meaningful interaction within its community.
Content Creation: When creating and sharing content related to Social Media Quests, users must ensure that their posts are respectful, non-offensive, and in line with the values of the Aiur Labs community. Content that is defamatory, obscene, infringing on others' rights, or otherwise harmful is strictly prohibited.
Limitation of Liability for Social Media Activities
Third-Party Platforms: Aiur Labs is not responsible for the policies, actions, or content of third-party social media platforms. Users acknowledge that participation in Social Media Quests occurs outside Aiur Labs' websites and platforms, and therefore, Aiur Labs cannot guarantee the privacy, safety, or security of users' data on these third-party platforms.
User Interactions: Aiur Labs is not liable for interactions between users and third parties, including other users and social media platforms, that occur as part of Social Media Quests. Users engage in Social Media Quests at their own risk and are encouraged to exercise caution and good judgment in their online interactions.
Content Liability: Aiur Labs is not liable for any content posted by users as part of Social Media Quests. Users assume full responsibility for the content they create and share, including any consequences that may arise from their social media activities.
Indemnification
Users agree to indemnify, defend, and hold harmless Aiur Labs and its affiliates, officers, agents, employees, and partners from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or in any way connected with their participation in Social Media Quests. This includes, but is not limited to, claims related to copyright infringement, violation of third-party rights, and non-compliance with social media platform policies.
Changes to Social Media Quests Terms
Aiur Labs reserves the right to modify the terms related to Social Media Quests at any time. Users will be notified of significant changes through their registered email or via announcements on the Aiur Labs platform. Continued participation in Social Media Quests following such changes constitutes acceptance of the new terms.
By participating in Social Media Quests, users acknowledge they have read, understood, and agreed to these terms, which form part of the broader Aiur Labs Terms of Service. Aiur Labs encourages a respectful, engaging, and positive online community and looks forward to users' contributions through Social Media Quests.
The Aiur Labs dashboard provides users with the capability to create personalized profiles, including bio sections, link sections, and other social information ("User Profiles"). Additionally, Aiur Labs offers community boards and a public chat feature, allowing users to interact, share information, and communicate with each other within the ecosystem. Participation in these features is subject to the terms and conditions outlined herein to ensure a safe, respectful, and positive community environment.
User Content and Conduct
Responsibility for Content: Users are solely responsible for the content they post on their User Profiles, community boards, and in public chat, including text, links, and any other information shared. Users must ensure their content is appropriate, respectful, and in compliance with all applicable laws and regulations.
Prohibited Content: The following types of content are strictly prohibited on Aiur Labs' dashboard, including User Profiles, community boards, and public chat:
Offensive, defamatory, obscene, or sexually explicit material.
Content that promotes discrimination, bigotry, racism, hatred, harassment, or harm against individuals or groups.
False, misleading, fraudulent, or deceptive content.
Content that infringes on any copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any party.
Links to malicious websites, software that could harm another user's computing device, or any form of "phishing" sites.
Spam, including unsolicited promotions or advertisements.
Moderation and Removal: Aiur Labs reserves the right, but is not obligated, to review, monitor, and remove content from User Profiles, community boards, and public chat at its sole discretion, without prior notice, for any reason, including content that violates these Terms.
Risks and Liability
Third-Party Links: User Profiles may contain links to third-party websites provided by other users. Aiur Labs is not responsible for the content, accuracy, opinions expressed, and other links provided in these sites. The inclusion of any linked site on the Aiur Labs dashboard does not imply approval or endorsement of the site by Aiur Labs. Following third-party links is at the user's own risk.
Interactions with Other Users: Aiur Labs is not liable for the actions of any user, including interactions that occur in community boards and public chat. While Aiur Labs encourages a respectful community environment, it cannot guarantee the behavior of any user or the safety of any interaction.
Indemnification: Users agree to indemnify, defend, and hold harmless Aiur Labs, its affiliates, officers, agents, employees, licensors, and successors from any claim, suit, action, or demand, including reasonable legal fees, arising out of or related to their content, use of or connection to the User Profiles, community boards, public chat, or violation of these Terms.
Changes to the Terms
Aiur Labs reserves the right to modify these terms related to User Profiles, community boards, and public chat at any time. Users will be notified of significant changes through their registered email or via announcements on the Aiur Labs platform. Continued use of these features following such changes constitutes acceptance of the new terms.
By engaging with User Profiles, community boards, and public chat, users acknowledge and agree to these terms, which are designed to support a healthy, constructive, and safe community within the Aiur Labs ecosystem.
We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us (or a third party service provider who we may engage) at [email protected] or via the functionality of the Services (if available). If you provide us with any Feedback, in consideration for the opportunity to access and use of the Services, you hereby grant us the following: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are knowingly giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback (except as stated above). You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.
In posting such Feedback, you warrant that you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or breach the applicable laws.
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances users who infringe or are believed to be infringing the rights of copyright holders.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. You further acknowledge and accept sole responsibility for complying with any and all terms of use arising from your use of any third party websites or resources.
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to access or use the Services after we have posted updated Terms it means that you accept and agree to the changes. If at any time you don’t agree to be bound by the changes, you may not access or use the Services thereafter. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of the Experience and other elements unique to the Services may cease to be available to you at any time without notice from us. You agree that we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may change the Services at any time, for any reason, without notice or liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION, CERTIFICATION, GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIUR LABS, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (“THE AIUR LABS PARTIES”) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE AIUR LABS PARTIES, INDIVIDUALLY AND COLLECTIVELY, MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE AIUR LABS PARTIES MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES.
WHILE AIUR LABS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, THE AIUR LABS PARTIES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR VULNERABILITIES (COLLECTIVELY, “MALICIOUS CODE”). THERE ARE RISKS ASSOCIATED WITH PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET (INCLUDING THE RISK OF MALICIOUS SOFTWARE INTRODUCTION AND THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR WALLET), AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACCEPT AND ACKNOWLEDGE THAT THE AIUR LABS PARTIES WILL NOT BE RESPONSIBLE FOR ANY BREACH OF SECURITY OR THE RESULT OF YOUR INTERACTION WITH ANY MALICIOUS CODE AS A RESULT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, THE AIUR LABS PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) BLOCKCHAIN NETWORKS, SMART CONTRACTS, DIGITAL ASSETS WALLETS, OR CORRUPT FILES; OR (II) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE AIUR LABS PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
LOSS OF DATA, OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, IN EACH/ANY CASE, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IF SUCH RESULTS, DIRECTLY OR INDIRECTLY, FROM ANY ACTION OR OMISSION OF ANY AIUR LABS PARTY, AND REGARDLESS OF THE THEORY OR BASIS FOR THE CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, AND EVEN IF THAT AIUR LABS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CAUSE OF ACTION OR DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE AIUR LABS PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED TEN DOLLARS ($10 USD) REGARDLESS OF THE NUMBER OF TIMES YOU PLAY OR PARTICIPATE IN THE EXPERIENCE , ACCESS THE SITE, OR USE THE SERVICES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT YOU WILL NOT ASSERT OR BRING ANY CLAIM AGAINST THE AIUR LABS PARTIES RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY NEW NFTS OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF YOUR JRNY CLUB NFTS OR NEW NFTS THAT ARE LOST, CORRUPTED, CHANGED OR OTHERWISE INACCESSIBLE AS RESULT OF OR UPON (I) DELETION OR SUSPENSION OF ACCESS TO THE EXPERIENCE, (II) MISUSE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE TO ACCESS OR USE THE SMART CONTRACTS IN ACCORDANCE WITH ANY INSTRUCTION PROVIDED OR MADE AVAILABLE BY AIUR LABS FROM TIME TO TIME, OR ANY BREACH OF THESE TERMS, (III) ADJUSTMENTS TO THE EXPERIENCE THAT RESULT IN THE VALUE OR USEABILITY OF NEW NFTS CHANGING, BEING DIMINISHED FROM TIME TO TIME, OR NOT OTHERWISE MEETING ANY EXPECTATION ABOUT THEM, REGARDLESS OF THE REASON WHY OR CAUSE THEREOF, (IV) THE NEW NFTS NOT HAVING ANY VALUE OR UTILITY, OR (V) THE MODIFICATION, TERMINATION OR EXPIRATION OF THESE TERMS.
You agree to indemnify, defend, and hold the Aiur Labs Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; (b) your User Content; or (c) any claim that, if true, would constitute a breach by you of these Terms.
We may suspend or terminate your access to and use of any or all the Services, including any Experience, New NFTs, or Content, with no liability or notice to you in the event that (a) we believe or have determined that you breached these Terms (including our other policies specified in these Terms); or (b) we otherwise deem it necessary to terminate these Terms in our sole discretion, for any reason. Upon any termination of these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms. The following sections will survive termination of these Terms: 4(b), 6 (first two sentences only), 8, 12, 13, 14, 16, 17, and this sentence of Section 15.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 21 below, the exclusive jurisdiction for all Disputes (defined below) that you and Aiur Labs are not required to arbitrate will be the state and federal courts located in the State and City of New York, and you and Aiur Labs each waive any objection to jurisdiction and venue in such courts.
Certain interactions within the Training and Mining Experience may be permanent or irreversible and are outside of the control of Aiur Labs. For the avoidance of doubt, "staking" your JRNYER NFT for Training or Mining is permanent and irreversible for the duration of the staking period. During the duration of the Training and Mining Experiences, your NFT will be locked to your wallet and incapable of being transferred or traded. After the staking duration has been completed, you will be able to “unstake '' your JRNYER NFT at which time the NFT will be unlocked and become transferable and tradable again. By entering into these services and staking your NFT, you understand and agree that your NFT will be locked for the duration of the experience and that Aiur Labs cannot unlock your NFT once the experience is started. Aiur Labs will not be liable for any loss or damages that may result from “staking” your NFTs.You can only do one form of staking at a time. You must unlock your JRNYER NFT from any existing staking locks in order to enter in another form of staking.
If you have any questions about these Terms or the Services, please contact Aiur Labs at [email protected].