Terms and Policies

Welcome to AWRD at https://awrd.gg/ and https://awardable.gg . These terms and conditions ("Terms") govern your use of the AWRD.GG website ("Site") provided to you ("User") and other users ("Users"). AWRD LLC is incorporated under the laws of New Mexico, with its address at 2201 Menaul BLVD NE STE A, Albuquerque NM 87107, and its affiliates AWRD LLC (collectively, "AWRD,", “AWRD.GG”, "Awardable," "we," "us" or "our").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE SITE. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

1. Access & Purchase

When on AWRD.GG, you acknowledge and represent that you have the legal capacity to enter into contracts and use our services in your jurisdiction. In order to create and access links on our website, you need to connect an external account or accounts to our website and create a username.

When you link your accounts to AWRD.GG to use our services. You are responsible for protecting and maintaining the confidentiality of your login credentials and for restricting access to AWRD.GG. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your account credentials, you will need to contact account support as soon as possible.

2. User Conduct

Your engagement with AWRD.GG, including any linked content and projects provided in Beta format, is bound by the following guidelines:

2.1 Content Authenticity and Integrity

Users are strictly prohibited from uploading, sharing, or promoting misleading, false, or deceptive content. This includes content to unfairly earn badges, points, or any other rewards.

The acquisition of badges, points, or any rewards through deceptive means or content is strictly prohibited. Awardable reserves the right to revoke or delete such rewards or impose other penalties for violations.

2.2 NSFW Content & Awardable's Discretion

While AWRD.GG allows for the submission of Not Safe For Work (NSFW) content, such content is subject to further review and scrutiny by our team.

Awardable reserves the right to flag, hide, or remove any NSFW or other content deemed inappropriate.

The final decisions on such content, whether to keep it accessible, flag it, or remove it, are made at Awardable's sole discretion.

2.3 Prohibited Conduct

• Engaging in illegal or tortious activities.
• Causing harm, directly or indirectly, to any individuals, especially minors, or infringing upon their rights, including their right to privacy.
• Sharing content that can be classified as fraudulent, defamatory, libelous, hateful, racially, ethnically, religiously offensive, threatening, or harassing.
• Violating any intellectual property rights or other proprietary rights, including those of third parties and Awardable.
• Accessing, using, copying, or exploiting any part of AWRD.GG or its linked content through automated means such as bots, scrapers, spiders, and other similar devices.
• Linking to or introducing content that contains harmful software like viruses, malware, ransomware, or any other damaging programs.
• Transmitting, storing, or uploading hyperlinks or content you are unauthorized to share.
• Distributing unsolicited advertisements, spam, false virus warnings, or any misleading material.

2.4 Community Reporting & Monitoring

The community's involvement is crucial. We encourage users to report any violations, deceptive practices, or inappropriate content. Such actions help uphold the safety and credibility of our platform.

Although Awardable actively monitors for misuse and violations, we also rely on our user community to maintain the platform's integrity.

2.5 Appeals & Resolutions

Users who believe their content or rewards were unjustly affected can appeal to our support team. Each appeal will be reviewed individually, and Awardable's decisions remain final.

2.6 Compliance with Legal and Regulatory Bodies

AWRD.GG commits to fully cooperating with all legal and regulatory authorities in the event of any legal actions or judgments arising from violations of our User Conduct policy or overall Terms of Service. Users who violate our terms may be subject to legal consequences, and Awardable will provide any necessary information or support required by law enforcement agencies or courts.

By using AWRD.GG, you acknowledge these guidelines and agree to adhere to them. Any breaches may result in actions that range from warnings to permanent bans, depending on the severity and frequency of the violations.

3. Privacy & Cookies

Please see our Privacy Policy which describes how we use and disclose the information we collect, as well as our Cookie Policy which describes how we process information in connection with cookies.

4. Content and Moderation

By using the AWRD.GG platform, you agree to comply with our Content Policy, which is designed to maintain a positive experience for all users. This section outlines our right to remove content, conditions for content removal, our escalation process, and creator responsibilities and guidelines.

4.1. Our Right to Remove Content

We reserve the right, at our sole discretion, to remove any content from our platform at any time and for any reason. This right will be exercised only when necessary to protect our community and comply with applicable laws.

4.2. Conditions for Content Removal

Content may be removed if it meets one or more of the following criteria:

• Illegal
• Harmful to others
• Explicitly hateful
• Violates the rights or intellectual property (IP) of others

Please exercise caution when posting content and avoid sharing anything that may fall into these categories.

4.3. Escalation Process

If we identify content that violates our policy, we will follow the escalation process outlined below:

1. Make our best effort to contact the creator and request that they update the media themselves
2. Temporarily replace the violating artwork with a placeholder
3. If outreach is unsuccessful or the severity of the infraction warrants, remove the content entirely
4. If the creator repeatedly violates our policy, we reserve the right to remove their account and access to the platform

For badges minted as digital collectibles, the artwork and associated media can be updated through the same process, but ownership cannot be revoked.

4.4. Creator Responsibilities and Guidelines

Creators are responsible for the content they upload and should seek permission before using content they did not create. If you find content you created on our platform without your permission, please contact [email protected] to start the process of remedying the situation.

4.5. Agreement to Content Policy

By agreeing to these Terms of Service, you acknowledge and accept our Content Policy, and you commit to adhering to its guidelines. We appreciate your cooperation in maintaining a safe and enjoyable environment for the AWRD.GG community.

4.6. Limitation of Liability for User-Generated Content

AWRD.GG is not responsible for any user-generated content uploaded to the platform by creators. By using our platform, you understand and agree that we are not liable for any damages, losses, or consequences resulting from the use, display, or sharing of content uploaded by creators. We are not responsible for the accuracy, copyright compliance, legality, or decency of such content. Users assume full responsibility for any claims, liabilities, or disputes arising from their uploaded content.

5. Content Rights and Licenses

The following section outlines the terms of service for user uploaded media and content on our platform. By using our services, you agree to the following terms:

5.1 User Content

Our platform allows users to upload and share various forms of media and content, including but not limited to, images, videos, audio, and text. You, as the user, retain all ownership rights to the content you upload. However, by uploading content to our platform, you grant us a comprehensive, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, communicate, publish, publicly display, publicly perform, distribute, and create derivative works from your content for promotional, redistribution, or other platform use.

5.2 Ownership Rights

You, as the creator of the content, will continue to hold all rights to your content. This means that you may use your content in any other way you choose outside of our platform, and you may also grant others permission to use your content outside of our platform.

5.3 User Obligations

By uploading content to our platform, you represent and warrant that you have all necessary permissions, licenses, and authorizations to grant us the license described in this section. You also represent and warrant that your content does not infringe on any third-party rights, including but not limited to, intellectual property rights, privacy rights, and publicity rights.

5.4 Platform Use

We may use your content for various purposes, including but not limited to, promotion, advertising, and marketing of our platform. We may also use your content to improve our platform and create new features.

5.5 Termination

You may terminate this license at any time by deleting your content from our platform. However, any content that has already been used or shared by us may continue to be used by us even after termination.

6. Points

6.1 Definition and Usage

Points are a proprietary feature of Awardable, serving as a virtual currency within our community-based loyalty rewards system. All registered users of our platform can create and distribute unique, custom-branded "Points". These Points can be utilized to access various forms of content and experiences within the Awardable platform. It is important to note that Points are not equivalent to real currency, do not accrue interest, and hold no intrinsic value in real-world currency.

6.2 Acquisition and Usage of Points

There are multiple ways for users to acquire Points within the Awardable ecosystem. A user can gain Points by (i) purchasing or receiving them directly from Awardable, (ii) subscribing to a membership plan that offers a monthly stipend of Points, (iii) trading Points with other users, or (iv) other methods that Awardable might introduce in the future.

6.3 Limited License for Point Usage

Purchasing or acquiring Points only grants users a limited, non-transferable, revocable license to use these Points within the parameters defined by Awardable. This includes (i) use in connection with Awardable services, (ii) use for personal entertainment purposes, and (iii) use in ways expressly permitted under the applicable Awardable Terms. The license to use Points may be revoked if a user violates the Awardable Terms, if their account is suspended or terminated, or if these User Terms or services are terminated.

6.4 Know Your Customer (KYC) and Compliance

Users who intend to sell their Points are required to complete the KYC process, which is a testament to our commitment to comply with all relevant laws and regulations, and maintain the integrity and security of our platform. By undergoing the KYC process, users agree to adhere to local, state, and federal tax laws as applicable. Failure to comply may result in actions including, but not limited to, termination of the user's account.

6.5 Revenue and Payments

For each transaction involving the sale of Points, Awardable retains a commission of 30% of the transaction amount. The remaining 70% is disbursed to the creators, subject to any necessary withholdings and deductions. Payments are managed through Stripe, our trusted partner for payment processing.

6.6 Subscription Cancellation

Users have the ability to cancel their subscriptions at any time through the “Cancel subscription” option located on the billing tab of the settings page. It is important to note that users will still be charged for the current billing period, even after cancellation.

6.7 Termination of Points

Points do not have an expiry date and cannot be revoked by the creator once they have been issued. However, Awardable reserves the right to discontinue and invalidate any custom-branded Points if they are found to be in violation of our terms or any laws.

6.8 Fraud and Money Laundering

Awardable enforces a zero-tolerance policy towards fraudulent activities and money laundering. Any attempts to exploit our platform for such illicit activities will be dealt with firmly, resulting in actions including immediate account deletion and reporting to the relevant authorities.

6.9 Age Requirement

To use Points, a user must be at least 18 years of age, unless otherwise stipulated by local or national laws. By creating Points, the user represents and warrants that they meet this age requirement.

6.10 Non-Refundability of Points

Unless required by law, all payments for Points are final and non-refundable.

6.11 Changeability of Points

Awardable reserves the right, at its sole discretion, to make alterations to Points at any time. This includes, but is not limited to, limiting the number of Points a user may acquire or reducing the purchase price of Points.

6.12 Financial Transactions

Only users who have reached the age of majority in their jurisdiction or state of residence are permitted to engage in financial transactions on Awardable, such as purchasing Points or subscribing to premium services.

6.13 User Responsibilities

When purchasing Points or subscribing to premium services, you represent and warrant that you have the right to use your selected payment method and that your payment method has sufficient credit available to complete the transaction. You further agree that any information you provide in connection with any financial transaction on the services, including the provision of a selected payment method, shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.

6.14 Chargeback Policy

If you notice charges on your credit/debit card, PayPal, or other payment account that you did not authorize, please contact Awardable Support before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor, Awardable cannot issue a refund due to prohibitions under the payment provider’s dispute process. Awardable reserves the right to suspend any account with unauthorized charges or to restrict an account’s ability to purchase Points, engage in trades, and/or purchase virtual content.

6.15 Prohibition of Selling Points Outside the Platform

Users are strictly prohibited from selling or trading Points for fiat currency or any other consideration outside the Awardable platform. Any attempts to circumvent our fees, policies, or terms, whether through creative structuring of transactions, third-party agreements, or other means, will result in immediate actions including, but not limited to, suspension, termination, legal action, or other remedies as deemed appropriate.

6.16 Restriction on API Usage for Fiat On-Ramps or Off-Ramps

Use of the Awardable API to create fiat on-ramps or off-ramps for Points is expressly prohibited. Awardable will take all necessary actions, including but not limited to legal action, suspension, or termination of the user's account if such activities are detected.

6.17 Prohibition on Money Laundering

Any use of our API or Points system to facilitate money laundering, including but not limited to creating, transferring, or redeeming Points in a manner that contravenes applicable anti-money laundering laws, is strictly forbidden. Violation of this policy will result in immediate action, including account termination and reporting to the relevant authorities.

6.18 Containment, Removal, and Reporting of Violations

Awardable reserves the right to contain, remove, and report any activities or content that violate these Terms or any applicable laws. The response to violations will depend on the severity and may include immediate escalation to legal authorities, suspension or termination of the user's account, and other actions as appropriate.

7. Minors

AWRD.GG is geared toward a general audience and is available to individuals aged 13 years and older, unless prohibited by local and jurisdictional laws. However, individuals under the age of 18 (or the applicable legal minimum age in their country of residence) must have the consent of a parent or legal guardian before using AWRD.GG.

By using AWRD.GG, you confirm that you are over the legal minimum age in your country of residence to enter into legally binding contracts, or that you have obtained the necessary consent from a parent or legal guardian.

Parents or legal guardians of minors who use AWRD.GG have certain rights with respect to the personal information of their child. We encourage parents to supervise their child's use of the internet and to participate in their child's online activities.

Please see our Privacy Policy for additional information on the processing of personal data relating to minors, including information on parental rights and how to exercise them.

8. Accuracy and Appropriateness of Information

If you use or rely on content received through AWRD.GG, you do so solely at your own risk. Furthermore, by using AWRD.GG, you may be exposed to content that you find offensive, deceptive, mislabeled, or otherwise inappropriate. The content linked on AWRD.GG are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We do not represent the completeness, timeliness, truthfulness, accuracy, or reliability of any content linked from AWRD.GG, nor do we endorse opinions expressed in such linked content.

8.1 User Feedback

You may choose to submit comments, bug reports, ideas or other feedback about AWRD.GG (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use and otherwise exploit such Feedback at our discretion, without providing compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide, transferable and sublicensable license under all rights necessary for us to use and otherwise exploit your Feedback for any purpose.

8.2 Reservation of Rights

Except as expressly set forth herein, your use of AWRD.GG does not grant you ownership of or any other rights with respect to any linked content, code, data, video, or other media, or any other intellectual property rights. We reserve all rights that are not expressly granted to you in these Terms.

9. Intellectual Property Rights and Infringement Procedures

We adhere to the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws for handling alleged or actual infringements. If you believe your copyrighted material is being infringed upon on our Site, you may file a complaint by contacting the AWRD.GG Copyright Agent at [email protected]. Your notification must include an authorized signature, description of the infringed work, location details on our Site, your contact information, a statement of good faith belief of unauthorized use, and a statement confirming the accuracy of the information.

If you believe that your content was wrongfully removed or disabled, you may send a counter-notice to the AWRD.GG Copyright Agent. This must include your signature, identification of the removed content and its prior location, a statement of good faith belief that the content was mistakenly identified or removed, your contact information, consent to jurisdiction in Delaware Federal Court District, and acceptance of process service.

If a valid counter-notice is received, we may inform the original complaining party and may replace or restore access to the removed content in 10 to 14 business days, at our sole discretion, unless legal action is initiated by the copyright owner.

In accordance with the DMCA and other applicable laws, we reserve the right to terminate or limit access to AWRD.GG for users who are deemed repeat infringers or who infringe any intellectual property rights of others, at our sole discretion.

10. Links to Other Websites and Apps

Users of AWRD.GG must exercise caution when accessing links to external, third party websites, applications, and features provided for their convenience. Such external content is governed by the privacy practices and policies of the third party, and we assume no liability for any content, information, or other materials provided by these external sources.

Users are hereby warned that such third-party content may contain fraudulent or copycat sites, phishing attempts, and other types of malicious attacks. These attacks may attempt to deceive users into disclosing sensitive information or downloading harmful software onto their device.

Users are advised to take appropriate measures to protect their personal information when accessing external content. This includes carefully reviewing the privacy practices and terms of use of any external site before providing any personal data.

Furthermore, users are advised to be wary of unsolicited requests for personal information or payment, particularly if they appear to come from AWRD.GG or other trusted sources. Such requests may be part of social engineering schemes designed to deceive users into revealing sensitive information or making unauthorized payments.

While we strive to ensure that all links and external content featured on AWRD.GG are safe and trustworthy, we cannot guarantee the security or accuracy of third party sites, applications, and features. Users are therefore accessing such external content at their own risk.

By using AWRD.GG, users acknowledge that they have read and understand the potential risks associated with accessing external content and agree that we assume no liability for any content, information, or other materials provided by external sources.

11. Indemnification and Release

To the maximum extent permitted by applicable law, you agree to release, indemnify, defend, and hold harmless AWRD.GG and each of its affiliates, and its and their shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns, from and against any and all claims, demands, complaints, actions, liabilities, damages, losses, costs, judgments, settlements, fines, penalties, expenses, or fees (including, without limitation, reasonable attorneys’ fees and costs) that arise out of or in connection with

1. any violation of these Terms, including without limitation, your access to or use of AWRD.GG in violation of these Terms,
2. your misuse of any material, data, or other information obtained through AWRD.GG,
3. any allegation that you have infringed or otherwise violated the intellectual property or other proprietary rights of any third party in connection with your use of AWRD.GG, or
4. any violation by you of applicable law. AWRD.GG reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with AWRD.GG in the defense of such claim. If you are a resident of another jurisdiction other than the United States of America, you agree to the foregoing and waive any comparable statute or doctrine to the fullest extent permitted by law in that jurisdiction. This indemnity and release obligation survives the termination or expiration of these Terms.

12. Warranties and Disclaimers

Your access to and use of AWRD.GG, including our pro plan subscription and any content, is at your own risk. You understand and agree that AWRD.GG is provided to you on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted under applicable law, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (PROVIDED THAT, IN CERTAIN JURISDICTIONS WHERE THE LAW MAY NOT PERMIT THE DISCLAIMER OF ALL WARRANTIES, THIS DISCLAIMER SHALL BE DEEMED TO BE AS BROAD AS PERMITTED UNDER APPLICABLE LAW). No minimum level of service is guaranteed. To the maximum extent permitted under applicable law, we make no warranty or representation and disclaim all responsibility and liability for:

(i) the completeness, accuracy, availability, timeliness, security, or reliability of AWRD.GG, including our pro plan subscription, or any content;

(ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of AWRD.GG, including our pro plan subscription, or any content;

(iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by us;

(iv) whether AWRD.GG, including our pro plan subscription, will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

No advice or information, whether oral or written, obtained from us or through AWRD.GG, including our pro plan subscription, will create any warranty or representation not expressly made herein. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

13. Pro Plan and Subscriptions

Our pro plan subscription requires payment for access to premium features and services. By subscribing to our pro plan, you acknowledge that you have read, understood, and agreed to these terms. If you do not agree with these terms, you should not subscribe to our pro plan.

13.1 Subscription Payment

Payment for the pro plan subscription can be made using fiat currencies, cryptocurrencies, or any other means of payment that we may accept at our discretion. By subscribing to our pro plan, you authorize us to manage the funds and process the payment for the subscription. We may use third-party payment processors to manage the payment and renewal of your subscription.

13.2 Service Outages

We strive to provide a reliable and stable platform for our pro plan subscribers. However, we do not guarantee that our platform, including our pro plan subscription, will be available at all times or free from interruptions, errors, or other issues. We do not offer reimbursements for service outages, both planned and unplanned.

13.3 Discontinuation of Services

We reserve the right to discontinue or modify any aspect of our pro plan subscription, including but not limited to, the features, services, or pricing, at any time and for any reason without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our pro plan subscription.

13.4 No Pro-rated Refunds

In the event that our platform stops running, we are not responsible for providing pro-rated user refunds for any unused portion of your subscription.

13.5 User Obligations

As a user of our pro plan subscription, you are responsible for maintaining the confidentiality and security of your account credentials. You are also responsible for all activities that occur under your account.

13.6 Termination

You may terminate your subscription at any time by canceling your subscription through your account settings. However, there will be no refunds for any unused portion of your subscription.

13.7 Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses arising out of or in connection with your use of our pro plan subscription.

14. Limitation of Liability

By using the AWRD.GG platform, you agree to assume responsibility for any potential liabilities, damages, or losses arising from your use of our platform and services. This section outlines the limitations of our liability in relation to various situations, including but not limited to platform misuse, intellectual property infringement, geolocation misuse, negligence, hate speech, and illegal content.

As a user of Awardable, you agree to maintain safe and appropriate contact with other users and individuals online and in the real world. You agree not to harass, threaten, or violate the legal rights of others. You shall not attempt to gain or gain access to any property or location where you do not have permission or the right to be, and shall not engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have any dispute with a third party related to your use of our Services, you hereby release AWRD.GG (including our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to such disputes.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AWRD.GG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, AWRD.GG (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON AWRD.GG, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (iii) ANY CONTENT OBTAINED FROM AWRD.GG.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHERWISE LIMIT THE APPLICABILITY OF SOME OF THE LANGUAGE ABOVE. ACCORDINGLY, IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND THE LIABILITY OF AWRD.GG SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

This limitation of liability shall survive the termination or expiration of these Terms. You agree to indemnify, defend, and hold harmless AWRD.GG and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from or related to your use of the platform, including but not limited to platform misuse, intellectual property infringement, geolocation misuse, negligence, hate speech, or illegal content.

15. Termination

You may terminate these terms at any time and for any reason by discontinuing your use of AWRD.GG.

We may terminate or suspend your ability to access AWRD.GG for any reason without prior notice to you, including but not limited to if we suspect that you are using the website in an unauthorized manner or that you are in violation of these Terms. However, where and to the extent required by applicable law, we will provide you with a reasonable prior notice of such termination or suspension.

In the event of termination, you may no longer have access to information on AWRD.GG, and you shall immediately cease and desist all activities and rights granted to you under these Terms. Termination shall be without prejudice to your accrued rights and/or liabilities. Any provisions in these Terms which, by their nature, would be intended to survive termination or expiration of these Terms, shall survive the termination or expiration of these Terms, including without limitation, those provisions which expressly survive such termination or expiration.

16. Data Use Agreement

We provide certain creators on our platform with the ability to download limited user data, specifically, usernames, handles, or email addresses associated with the platform that the creator is utilizing. This data pertains specifically to the account used for badge collecting verification. No other user data, such as other usernames or connected accounts, is included in this download. This functionality is intended to promote user engagement and enhance the overall platform experience.

All users must opt-in to allowing their data to be shared with anyone. By default, all users are set to the most elevated privacy settings.

By downloading user data from our platform, creators agree to the following:

1. The downloaded data, limited to usernames, handles, or email addresses associated with the platform used for badge collecting verification, shall be used solely for outreach and engagement with the badge collectors. Any other use of the data is strictly prohibited, unless explicit consent is obtained from the user.
2. Creators shall not share, sell, or otherwise disclose the downloaded data to any third party without the explicit consent of the user.
3. Creators shall respect the privacy and rights of the users whose data is downloaded and shall take all reasonable measures to secure the data and prevent unauthorized access or misuse.
4. Creators shall comply with all applicable laws and regulations pertaining to data protection and privacy in their respective jurisdictions.
5. Creators must inform their badge collectors about the use of their data and obtain their explicit consent before using their information for outreach or other purposes.
6. Creators understand and agree that any misuse of the data may result in termination of their access to our platform and may subject them to legal action.
7. Creators indemnify and hold harmless our platform against any claims, losses, liabilities, damages, costs or expenses incurred as a result of the unauthorized or unlawful use of the downloaded data.
8. This agreement is subject to the laws of [Your Jurisdiction], and creators agree to submit to the exclusive jurisdiction of the courts in [Your Jurisdiction] for any dispute arising out of this agreement.

17. Dispute Resolution

Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with AWRD.GG (“Disputes”) and limits the manner in which you can seek relief therefrom. The Arbitration Agreement survives termination or expiration of these Terms.

17.1 Pre-Arbitration Dispute Resolution

We are always interested in resolving Disputes amicably and efficiently, and most User concerns can be resolved quickly and to the User’s satisfaction by contacting customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (a “Notice”). The Notice to us should be sent to [email protected] (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If we and you do not resolve the Dispute within sixty (60) calendar days after the Notice is received by us, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

17.2 Agreement to Arbitrate

After the pre-arbitration dispute resolution process, you agree that any and all remaining Disputes that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach thereof), the NFTs, any aspect of the relationship or transactions between us, and any threshold questions of arbitrability of the Dispute, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (a) you may assert individual claims in small claims court within the scope of its jurisdiction, if your claims qualify and (b) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

17.3 Arbitration Procedures

You agree that any Dispute will be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association under its Consumer Arbitration Rules (the “Consumer Arbitration Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the Consumer Arbitration Rules. If there is any inconsistency between any term of the Consumer Arbitration Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and threshold arbitrability of this Arbitration Agreement or the Dispute. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless we and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the arbitrator. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Consumer Arbitration Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the Consumer Arbitration Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

17.3 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the Consumer Arbitration Rules, unless otherwise provided in this Arbitration Agreement. If the value of relief sought is more than US$10,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the Consumer Arbitration Rules.

17.4 ARBITRATION OPT-OUT

YOU MAY OPT OUT OF RESOLVING DISPUTES BY ARBITRATION BY EMAILING US AT [email protected] WITHIN 30 DAYS OF FIRST ACCEPTING THE THESE TERMS, AND TELLING US YOU WOULD LIKE TO OPT OUT OF MANDATORY ARBITRATION, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THESE TERMS. YOU MUST INCLUDE YOUR FIRST AND LAST NAME, YOUR MAILING ADDRESS, YOUR EMAIL, AND YOUR MOBILE PHONE NUMBER IN THE EMAIL. IF YOU OPT-OUT OF THIS ARBITRATION AGREEMENT, WE WILL ALSO NOT BE BOUND BY ARBITRATION.

17.5 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S); EXCEPT THAT YOU MAY PURSUE A CLAIM FOR, AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

17.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

17.7 Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the section above entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply. If a court or the arbitrator decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and the Terms shall be enforceable as so modified.

17.8 Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

18. Entire Agreement, Governing Law and Other Provisions

These Terms, together with the Privacy Policy and any additional terms to which you agree when using AWRD.GG, constitute the entire and exclusive and final statement of the agreement between you and AWRD.GG with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and AWRD.GG with respect to such subject matter. These Terms and the relationship between you and AWRD.GG shall be governed by the laws of United States. All lawsuits arising from or relating to these Terms or your use of AWRD.GG shall be brought in state or federal courts located in Bernalillo County in the state of New Mexico, United States, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract. The failure of AWRD.GG to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of AWRD.GG and you as reflected in the provision, and that the other provisions of these remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms will be interpreted without application of any strict construction in favor of or against you or AWRD.GG.

These Terms shall remain in full force and effect notwithstanding any termination of your use of AWRD.GG. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

These Terms, and any rights and licenses granted hereunder, may be assigned by AWRD.GG without restriction. You hereby consent in advance to such assignment, which will become effective upon written notice to you, and accept that AWRD.GG will not be liable for the performance of these Terms following such assignment.

Notice for California Users. Under California Civil Code Section 1789.3, Users of AWRD.GG from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact the California Department of Consumer Affairs at [email protected]. If you have any other questions or concerns regarding these Terms, or wish to make a complaint or a claim, please contact us at:

• by email at [email protected]

Notice for European Union Users. If you reside in the European Union and wish to have more information on online dispute resolution, please contact the online dispute resolution service of the European Commission at the following address: https://ec.europa.eu/consumers/odr. This is for information only and we are not required to participate in this online dispute resolution service.

‍