PLEASE READ SECTION 15 OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
These Arena Club Terms of Service (“Agreement”) are a legally binding contract between you and Arena Club. When we say “you” or “your,” we mean you individually and any legal entity exercising rights under this Agreement through you. When we say, “Arena Club,” “we,” “our,” or “us,” we mean Arenaclub.com, Inc. By engaging with the Platform or otherwise using the Services, you are acknowledging and accepting this Agreement.
This Agreement governs your access to and use of any services or products offered by or on behalf of Arena Club including, without limitation, access to and use of the Arena Club website and mobile applications (collectively, the “Platform”) and grading of trading cards and other memorabilia by Arena Club; sales of memorabilia, trading cards, Digital Proof of Claims (“DPOCs”), that is, unique tokens stored on the blockchain representing an ownership claim on the underlying physical asset; and any other goods or services offered by Arena Club (collectively, the “Services”).
This Agreement, together with the Arena Club Privacy Policy and any other terms published on the Platform or otherwise notified to you, constitute a legally binding agreement between you and us. You should read all of these documents carefully as each one forms part of the legally binding agreement between you and us.
1. Your Acceptance of This Agreement
This section describes how this Agreement forms a binding contract between you and us. By accessing and/or using the Service, you agree to be bound by this Agreement and any policies or guidelines incorporated by reference into this Agreement (which will become part of the Agreement). If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and/or use the Service. You represent that you have the authority to bind yourself to this Agreement.
2. The Services
As part of the Services, we offer an online marketplace for buying, selling and trading, through which collectors, investors and other people who are interested in trading cards, memorabilia, and other collectables can engage in a unique, blockchain-powered marketplace to display and monetize cards quickly and securely. We also offer “Vault” services, that is, a physical safety vault whereby we will securely hold custody of a Registered User’s (defined below) collectible trading cards (the “Cards”). Arena Club does not take ownership of a Registered User’s collectible trading cards stored in its vault. We also offer Card grading services (“Grading”), using proprietary mixtures of artificial intelligence (“AI”), computer vision and machine learning technologies.
For purposes of this Agreement, a “Registered User” is an individual who has interacted on the Platform, including without limitation by creating or attempting to create a user account on the Platform (the “Account”), a “Seller” is a Registered User who is vaulting, selling or trading using the Services, and a “Buyer” is a Registered User who is vaulting, buying or trading using the Services.
a. Grading Service
Upon receiving a Card from a Seller, when Grading, Arena Club will utilize an AI-powered algorithm to assign a grade and mint a unique DPOC in association with the Card. As part of our Services, we also use commercially reasonable efforts to confirm authenticity and grade the condition of the Cards listed for sale on the Platform.
b. Vault Service
Arena Club agrees to use industry standard measures to ensure the physical integrity and security of all Cards in its possession against theft, destruction, and the unauthorized introduction of harmful or dangerous materials. Such measures may include, but are not limited to, physical or electronically enabled security of our Vault and restrictions on access of unauthorized personnel. We agree to maintain an insurance policy covering our Vault with a coverage amount sufficient to cover the Registered User’s currently vaulted Cards up to the aggregated market value of each Card.
c. SLAB PACK™
The Service includes a SLAB PACK™ feature that enables you to purchase collectibles sold together as a group referred to herein as a SLAB PACK. The Cards which may be included in a SLAB PACK and the probability of receiving any specific Card are disclosed on the Platform, but the Buyer does not know exactly which Cards will be included in a SLAB PACK until the SLAB PACK is purchased. While the aggregate market value of each SLAB PACK may vary, the purchase of a SLAB PACK is a FINAL SALE and we cannot accept returns or issue refunds for SLAB PACK purchases. A SLAB PACK is a virtual pack of physical graded Cards or “slabs” that you can purchase and open on the Platform using the Services. A SLAB PACK is revealed digitally and the Cards are added to your showroom. From there, you can sell, trade, or retrieve (subject to availability and while supplies last) the physical slab.
A SLAB PACK might be shut down or terminated at any time even before all Cards are distributed. When we run out of inventory to support a SLAB PACK composition the SLAB PACK can be terminated even if the grail(s) have not been distributed. When you purchase a SLAB PACK, you are purchasing the SLAB PACK experience and have no right or interest in any particular SLAB PACK Card unless and until you are in full possession of that Card.
d. Buyback Program
Arena Club’s “Buyback Program” offers you the opportunity to resell your SLAB PACK to us at a predefined portion of the initial purchase price, known as the “Buyback Price,” within 20 minutes of the time you start your SLAB PACK reveal. To participate in the Buyback Program, you must pay an additional fee, the “Buyback Premium,” which is a set percentage of the SLAB PACK price, when purchasing your SLAB PACK. You may opt in to the Buyback Program by selecting the Buyback Premium at checkout when purchasing your SLAB PACK. If you do not exercise your option to resell your SLAB PACK to us through the Buyback Program within 20 minutes of the time you start your SLAB PACK reveal, or if you do not complete your SLAB PACK reveal, you will waive the opportunity to participate in the Buyback Program for that SLAB PACK.
Upon your enrollment in the Buyback Program during your SLAB PACK purchase, Arena Club places an authorization hold on your credit or debit card. This hold, covering the total SLAB PACK price plus the Buyback Premium, is not a charge, but rather is a temporary fund reservation, assuring your commitment to the purchase. Should you choose to sell back the SLAB PACK, the initial hold is adjusted to reflect the SLAB PACK price plus the Buyback Premium less the Buyback Price. If you retain the SLAB PACK, do not complete the SLAB PACK reveal, or do not exercise your option to resell your SLAB PACK to us through the Buyback Program within 20 minutes of the time you start your SLAB PACK reveal, the hold converts into a definitive charge, encompassing the total SLAB PACK price plus the Buyback Premium.
e. Arena Club Offers and SLAB SAFE
Arena Club’s “Arena Club Offers” feature gives you the opportunity to sell the Cards in your SLAB PACK back to us. This product is currently in beta and only available to select users. After purchasing a SLAB PACK and completing your reveal, an Arena Club Offer is immediately generated for all of the Cards contained in the SLAB PACK. Arena Club determines the amount of the Arena Club Offer by analyzing recent sales of comparable cards on marketplaces and other trading card resources. Factors such as Card condition, grading, rarity, and demand are considered in this evaluation, and the resulting Arena Club Offer amount is equal to 100% of our estimated value of the Cards, less a 10% fee. The Arena Club Offer is available for 24 hours after initiating your SLAB PACK reveal, as indicated at the time of your SLAB PACK reveal or as shown in your Arena Club Offers tab on the Platform.
The Service includes an available SLAB SAFE™ feature to ensure a minimum Arena Club Offer amount on your SLAB PACK. To participate in SLAB SAFE, you must opt in at checkout by selecting the SLAB SAFE Premium, which is an additional fee calculated as a percentage of the SLAB PACK price, disclosed on the Platform during the checkout process. If you opt in to the SLAB SAFE feature and complete your SLAB PACK reveal, you are guaranteed an Arena Club Offer amount of at least 80% of the original purchase price of your SLAB PACK.
If you accept your Arena Club Offer—whether or not enhanced by the SLAB SAFE feature—before the Arena Club Offer expires, you agree to sell all of the Cards in the SLAB PACK back to Arena Club at the Arena Club Offer price shown, and such amount is immediately reflected as a credit in your Arena Club Wallet. Your payment method is charged at the time of purchase for the full purchase price shown for the SLAB PACK, plus the SLAB SAFE Premium, if selected; accepting an Arena Club Offer does not modify this initial charge but results in a credit in your Arena Club Wallet.
If you do not exercise your option to accept your Arena Club Offer within 24 hours of initiating your SLAB PACK reveal, or if you do not complete your SLAB PACK reveal, you will forfeit the opportunity to sell us your SLAB PACK using the Arena Club Offer feature.
3. Eligibility and Your Arena Club Account
This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with accurate information.
You may only use the Service if you comply with the law and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account and other legal or investigatory action.
In connection with using and/or accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the forgoing, you will not do any of the following in connection with your use of the Service:
Arena Club may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Content, or Registered Users, including termination of your Account and/or preservation of such information for investigative purposes.
a. Service Not for Minors
You may not use the Service unless you are at least the age of majority in the state from which you are accessing the Service.
b. Provide Accurate Information
You need to create an Account with Arena Club to access and/or use certain features of the Service. You must provide accurate information about your identity and must not provide any false information or impersonate another person through your Account. Arena Club reserves the right to verify the information you provide in connection with your Account (“Account Information”). Upon Arena Club’s request, you will promptly provide requested verification documentation, including identification documents, or proof of address. The name on your Account must be the Account owner. If you do not provide the information requested or if you provide inaccurate Account Information, Arena Club may, in its sole discretion, terminate your Account.
c. Protect Your Password
You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security.
d. Your Responsibility for Your Account
You are solely responsible for any activity on your Account, whether by you or anyone else with your Account credentials.
e. Account Transfers
You cannot transfer or assign your Account to a third party without prior written consent from Arena Club. Arena Club may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account (other than closing your Account with us) under any circumstances.
f. Fees
Arena Club will charge fees for, without limitation, grading, vaulting, withdrawals of Cards from vaults, trading, selling and buying of Cards from Registered Users, and shipping and handling (the “Fees”). The Fees, which are adjusted from time to time, are disclosed on the Platform during the checkout process and are shown in United States dollars unless otherwise stated. We may change or discontinue, temporarily or permanently, some or all Fees, without notice and at our sole discretion, and such changes will be effective upon publication on the Platform.
g. Counterfeiting
We take counterfeiting, fraud and market manipulation very seriously. We reserve the right to investigate violations of this Agreement or conduct that affects the Services, and to consult and cooperate with law enforcement authorities to prosecute anyone who violates applicable laws. We may also monitor the integrity of the marketplace offered by the Services and take steps to protect it in our sole discretion. If you receive a Card purchased on the Services that you believe to be counterfeit or otherwise in violation of this Agreement, please contact us as soon as possible. You agree to cooperate with us in any investigation as reasonably requested of you.
4. Your Privacy
For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy.
5. Sellers’ Use of Services
All Sellers must submit Cards to our Services that are authentic and that you actually own and/or are otherwise authorized to sell. We do not endorse any Sellers or Buyers. We reserve the right to conduct an identity verification check on you, either directly or through a third-party service provider, but we are not required to conduct such an identity verification check of any person.
Sellers are required to send their Cards to us for Grading and assignment of a DPOC or send in Cards that have been graded by a reputable company. If we grade your Cards, we will generate a unique DPOC identifier for the Cards and place each Card in a tamper resistant case emblazoned with a QR code that links to the DPOC. Following these steps, Arena Club will either, at your direction, (i) store your Cards in our Vault, on your behalf, or (ii) return the Cards to you at your expense. Please refer to the FAQ for more information on how to send us your Cards. You are solely responsible for any loss or damage to your Cards until they are received by us. We reserve the right to reject a Card for any reason in our sole discretion, including but not limited to, if we cannot reasonably confirm its authenticity or if it is damaged beyond what we consider is acceptable for Grading. We will notify you if we reject your Card and return any rejected Card to you at your expense.
Please refer to the FAQ for more information on how we verify authenticity and grade the condition of different types of Cards. We will grade the Cards in our sole discretion. By sending your Cards to Arena Club, you agree and accept the Grading process provided by us.
You agree to pay the Fees for each Card submitted to Arena Club. You can request us to return any Card you own and is stored in the Vault at any time by clicking “Retrieve” for the desired Cards on the Platform. We currently only ship to addresses in the United States. Please refer to the FAQ for more information on shipping, including associated shipping and handling fees.
Arena Club Auctions are virtual events where physical Cards are sold to the highest bidder in real-time. All Cards in a particular Auction are held in our Vault during the Auction. Once you win and pay, the Card is instantly transferred to your online collection, and you will then have the option to receive the card from our Vault or continue using our Vault service for the associated Fee.
6. Buyers’ Use of Services
As a Buyer, you affirm that you possess legal authority and capacity to conduct transactions and agree to provide accurate financial information. You understand that all purchases made through the Platform are final, non-reversible, and non-refundable, unless explicitly stated otherwise in our refund policy. You agree to respect the Seller-Buyer relationship facilitated by Arena Club, acknowledging that the transaction is an agreement between you and the respective Seller. You acknowledge that we cannot and do not offer any guarantee or warranty, express or implied, on the authenticity of any Cards purchased by you. It is the Buyer’s responsibility to consider this risk when making a purchase on the Platform.
You are responsible for ensuring compliance with all relevant local, national, and international laws pertaining to the purchase, ownership, and use of the Cards acquired via our Platform, including any associated tax obligations. You understand that, if we detect any violation of this Agreement, we reserve the right to restrict, suspend, or terminate your access to our Service without prior notice and without any liability to you. You recognize that Arena Club may report any suspicious activity, particularly those violating any law or regulation, to law enforcement officials, regulators, or relevant third parties at our discretion.
Consult the FAQ section for further details about the purchasing process, including payment options, shipping and handling, and our dispute resolution policy. By utilizing our Services as a Buyer, you hereby agree to abide by these terms and conditions.
7. Payments and Digital Wallet Service
Arena Club utilizes Stripe, a third-party payment processor, to facilitate, administer and process all monetary transactions on our Platform. In order to receive payouts for your Card sales, you must register and maintain an active account with Stripe Connect. By registering with Stripe Connect, you agree to comply with Stripe’s Connected Account Agreement and Privacy Policy.
Arena Club’s receipt of payment from the Buyer is as an agent of the Seller and considered receipt of payment by the Seller. Arena Club does not otherwise act as your agent or other representative in any manner. If a Buyer buys a Card listed by a Seller, this transaction will be between the Seller and the Buyer only, as facilitated by third-party payment processor Stripe.
Our digital wallet feature allows Registered Users who deposit funds through Stripe to allocate those funds as ledger credits for use in a specific commercial transaction on the Platform. These funds can also be withdrawn by the Registered User through Stripe at any time, subject to Stripe’s terms and conditions. We do not offer peer-to-peer money transfer services or general-purpose stored value products or services.
8. Your Use of Mobile Devices and Other Third-Party Software
You can access the Service through a mobile device, but you will be responsible for any associated data usage or other fees from your wireless provider. If you use any mobile device or third-party software, including Apple software, in connection with the Service, then you are solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s and any other third party’s terms and conditions.
To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third party application marketplace, you acknowledge and agree that this Agreement is solely between you and Arena Club and that between the marketplace provider and Arena Club, Arena Club is solely responsible for the Service, content, maintenance and support, and addressing any claims relating thereto, including product liability, legal compliance, and intellectual property infringement. In addition, if you access the Service through our iOS application, please review the Apple End User License Agreement.
9. Your Content
You are responsible for the Content (defined below) you post through the Service and represent that you own the Content or have the right to use, reproduce, distribute and display the Content. While you continue to own all your Content, you grant to us a license to the Content for our use, including to operate the Service and for our marketing purposes.
a. Your Content is Your Responsibility
You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, or submit (“Post”) to or through the Service (such Content Posted by Registered Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all of your User Content can be shared with other Registered Users and third parties in Arena Club’s sole discretion. Arena Club has no control over or liability for how other Registered Users or any third party may use or misuse your User Content.
b. You License Your Content to Us
By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to Arena Club and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Arena Club, your User Content in connection with (i) the operation of the Service or any other products or services of Arena Club; and (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet and Third-Party Services (defined below) and allowing other Registered Users to share content that includes your User Content. Our rights under this license continue even after you stop using our Services.
c. Your Content Must Not Infringe Intellectual Property Rights
You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Registered Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. Arena Club will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.
You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Arena Club with respect to such User Content.
d. Your User Content Is Public
You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) Arena Club will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service.
e. Share Your Thoughts and Ideas
We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”), provided by you to Arena Club will not be confidential or proprietary, and Arena Club shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Our Intellectual Property Rights
We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our intellectual property, including without limitation our name and logos or other content.
Arena Club retains all rights to our intellectual property. This includes, without limitation, the Arena Club name, our trademarks, service marks, logos, product and service names, slogans, trade dress, Platform content, user interface, images, code and any other Arena Club content. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action in violation of our intellectual property rights. Any use of the Service other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Arena Club trademarks and services marks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Arena Club. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.
11. Intellectual Property Complaints
You may notify us at support@arenaclub.com if you believe your intellectual property has been infringed on the Service. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the Accounts of Registered Users who repeatedly infringe the intellectual property rights of others.
In accordance with the DMCA, we will respond expeditiously to notices of alleged copyright infringement that are reported to our DMCA Agent identified below. As part of our response, we may remove or disable access to material residing on the Platform that is claimed to be infringing and, in such event, we will make a good-faith attempt to contact the affected Registered User so that they may make a counter-notification.
Infringement Notice
If you believe that your copyrights have been infringed, please report it to us by providing our DMCA Agent listed below with the following information:
Sign the notice and send it to:
Arenaclub.com, Inc.
ATTN: DMCA Agent
JACO Digital
10990 Wilshire Blvd. Suite 1025
Los Angeles, CA 90024
Email: support@arenaclub.com
A copy of this legal notice will be forwarded to the Registered User who provided the allegedly infringing content.
Counter-Notification
We or the provider of affected content may make a counter-notification pursuant to the DMCA. When we receive a counter-notification, we may reinstate the affected material.
To file a counter-notification with us, you must provide a written communication that sets forth the following information:
Sign the notice and send it to:
Arenaclub.com, Inc.
ATTN: DMCA Agent
JACO Digital
10990 Wilshire Blvd. Suite 1025
Los Angeles, CA 90024
Email: support@arenaclub.com
12. Third-Party Services and Content
You may access or use services or content provided by third parties when using our Service. Arena Club is not responsible for such third-party services or content, and third-party services will be governed by such third parties’ terms and conditions and policies.
a. Your Access to Services of Third Parties
The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Arena Club platform (“Third-Party Services”). For example, social networks you connect your Account to under the Sharing Settings page are Third-Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Services are solely between you and the third party. Arena Club does not control or endorse, and makes no representations or warranties regarding, any Third-Party Services, and you’re access to and use of such Third-Party Services is at your own risk. The terms of this Agreement that govern the Services, and the Arena Club Privacy Policy, do not apply to your use of any such Third-Party Services. You are solely responsible for your access or use of such Third-Party Services. You should review any applicable terms and/or privacy policies of any Third-Party Services before using or sharing information with any Third-Party Services. Arena Club may suspend or terminate your ability to access Third-Party Services through the Services at any time with or without notice.
The Service may provide you with access to YouTube through an application programming interface or API. YouTube is a Third-Party Service, and if you access or use YouTube’s services through the API you agree to abide by, the YouTube Terms of Service.
b. Third-Party and User Content
The Service contains images, descriptions and other Content posted by third parties including Registered Users (“Third-Party Content”). Content you access through Third-Party Services is also Third-Party Content. You acknowledge that Third-Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third-Party Content for any purpose other than as explicitly authorized in this Agreement.
Arena Club will not be liable for the Third-Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third-Party Content. You acknowledge that Arena Club has no obligation to review, screen, or inspect any Third-Party Content on the Service. However, Arena Club reserves the right to review, screen, inspect, and/or remove any Third-Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third-Party Content, including risks related to accuracy, completeness, or usefulness.
13. General Terms and Restrictions
We reserve the right to suspend, modify, remove and/or add to any of the Services (collectively, a “Change”) in our sole discretion with immediate effect and without notice, and will not be liable for any such action. We reserve the right to suspend your use of certain or all of the Services on our Platform from time to time for any reason or no reason. No communications or information published on the Services is intended to constitute legal or tax advice and we accept no liability for any reliance on such content.
a. Taxes
Some states require sales tax if items are shipped outside of Oregon, where our Vault is located, when purchased. If you intend to temporarily store your cards in the Vault, sales tax will not be collected on the purchase of the Cards. However, if you intend to have them shipped immediately, sales tax will be collected based on your billing address.
b. Escheatment
It is the Registered User’s sole responsibility to update payment Account Information to receive any redeemable funds. After a period of statutorily required account dormancy, Arena Club will escheat any unclaimed funds to the relevant government authorities as necessary and may charge a dormancy fee when such a fee is allowed by applicable rules and regulations.
c. Blockchain Disclaimer
Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of DPOCs. Transactions in DPOCs may be irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in DPOCs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding DPOCs, including the suitability and appropriateness of, and investment strategies for, DPOCs. You agree and understand that you access and use the Service at your own risk; however, this brief statement does not disclose all of the risks associated with DPOCs and other digital assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using DPOCs, however caused.
All DPOCs are stored on and accessible through a blockchain. Arena Club maintains custody of Registered User wallets, and thereby maintains control over the secondary transfer, storage, ownership, burning and maintenance of the DPOC. You understand that you (and not us) shall be solely responsible for your own tax liability that may arise as a result of the transactions using our Service. We do not offer any type of tax or fiscal counseling and nothing herein shall be construed to the contrary.
14. Limitation of Liability and Warranties
We provide the Service on an “as-is” basis and make no warranties or representations with respect to the Service or your use of the Service. We have no liability for certain types of damages and limit our liability for other types of damages.
a. Warranty Disclaimer
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT ARENA CLUB PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ARENA CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARENA CLUB MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
ARENA CLUB MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE.
b. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL ARENA CLUB, OUR SUBSIDIARIES OR AFFILIATES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS OR EMPLOYEES OF EACH (THE “ARENA CLUB PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE— FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, OR ANY ITEMS YOU PURCHASE OR SELL THROUGH THE SERVICE, WHETHER OR NOT ARENA CLUB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE ARENA CLUB PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS/FEES THAT YOU HAVE PAID TO ARENA CLUB AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM; OR (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE ARENA CLUB PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
15. Indemnification
You agree to release, indemnify, and hold harmless and, upon Arena Club’s request, defend the Arena Club Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (a) your access to or use of the Service, including any items purchased or sold; (b) your User Content or Feedback; (c) your breach of the Agreement; (d) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (e) your violation of applicable laws.
If you are a California resident, you waive California Civil Code Section 1542, which states, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
16. Disputes with Arena Club
We hope to amicably resolve any disputes with you, so we strongly encourage you to first contact our support team at support@arenaclub.com. Any unresolved dispute will be settled by binding arbitration.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ARENA CLUB TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ARENA CLUB FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ARENA CLUB AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ARENA CLUB AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
Please read carefully the following arbitration agreement (“Arbitration Agreement”). It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
a. Applicability of Arbitration Agreement
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Arena Club, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or Arena Club 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). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
b. Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at support@arenaclub.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at www.jamsadr.com/rules-streamlined-arbitration; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at www.jamsadr.com/rules-comprehensive-arbitration. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, you and we will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Arena Club will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator
The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
d. Waiver of Jury Trial
YOU AND ARENA CLUB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Other Non-Individualized Relief
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in Los Angeles, California. All other disputes, claims, or requests for relief shall be arbitrated.
f. 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@arenaclub.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the wallet address used to connect to the Service (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
g. Severability
Except as provided in subsection (e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
h. Modification
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at support@arenaclub.com and expressly opting out of this Arbitration Agreement.
17. Governing Law and Venue
This Agreement and any disputes between you and us will be governed by California law, without giving effect to its principles regarding conflicts of law, and any disputes not subject to arbitration must be filed in the courts located in Los Angeles County, California. You and Arena Club waive any objection to venue in any such courts.
Notwithstanding the foregoing, claims that qualify for small claims court in the county where you live may be brought in such small claims courts. You acknowledge that the Service originates from the United States and agree to comply with all export laws and regulations of the United States.
18. Suspending, Terminating, or Modifying Your Access; Consequence of Inaction
You may terminate your Account at any time. We may suspend or terminate your Account at our discretion without explanation, notice, or liability to Arena Club, including removing and discarding any of your User Content, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
In the event that you cease to interact with our Services or Platform for a period of 12 consecutive months, we will undertake reasonable measures to establish communication with you, using all contact information you have provided to us. This can include, but is not limited to, telephone calls, emails, and physical mail, if applicable. Should we, despite our dedicated efforts, fail to receive a response from you within 3 months from our initial outreach attempt, you hereby agree and acknowledge that all of your property in our possession, including but not limited to vaulted Cards, will be forfeited by you and, in such case, you hereby assign, transfer and convey to us all right, title and interest in and to such property.
The Service will not be accessible or available to Registered Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Arena Club are strictly prohibited and may result in additional actions against you and any other Registered Users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative Accounts or continuing to access the Service from another Registered User’s Account.
Arena Club may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud; (ii) to address potential illegal activity; or (iii) to otherwise comply with applicable laws and regulations.
Arena Club will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service.
19. Changes to This Agreement
We may update this Agreement at any time by posting an updated version on the Platform, and the new version will become effective upon posting unless otherwise stated. When we make changes to this Agreement, we will update the “Last Updated” date below. You will be responsible for reviewing and complying with any updated version of this Agreement. If you do not agree to the updated Agreement, then you must stop using the Service immediately.
20. Miscellaneous
This section describes certain other rights and responsibilities you have under this Agreement.
a. Trade and Economic Sanctions and Export Controls
The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws and that you will be solely responsible for any such violation to the extent permitted by law. You represent that you are not: (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to United States or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified on the United States Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or otherwise ineligible to receive items subject to United States export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service.
b. No Professional Advice
The information available on the Platform is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE PLATFORM IN CONSULTATION WITH YOUR INSURANCE SPECIALIST AND YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
c. Electronic Communication and Documentation
When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication.
d. Severability and No Waiver
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law.
e. Headings and Interpretation
The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.
21. Terms Specific to California Registered Users
Under California Civil Code Section 1789.3, Registered Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Our Notices to You and Contact Information
You agree that we will provide notices and messages to you within the Service or, if required, via email or regular mail. You may provide Arena Club notice, and such notice will be deemed provided once received by Arena Club, addressed via email to support@arenaclub.com.
Last Updated: February 11, 2025