Last Updated: September 29, 2023
Please read these Terms of Service ("TOS") carefully before viewing or using our Service. These TOS govern your use of (i) Jadu's applications for mobile devices (the "Jadu Apps"), (ii) Jadu's web domains and subdomains, including jadu.ar (our "Sites"), and (iii) together with the Digital Collectibles Terms of Service ("Collectibles TOS"), our offering and sale of digital assets verified on the blockchain ("Digital Collectibles"). We refer to the content and functionality of the Jadu Apps and the Sites, and our minting, offering and sale of Digital Collectibles, as our "Service."
As used in these TOS, "Jadu", "we", "us", or "our" refer to Jadu AR Inc.
Under these TOS, any disputes arising between you and us are subject to binding arbitration, unless you exercise your right to opt out of arbitration within the period specified below. Please review "Mediation and Binding Arbitration" below.
If you are under 13 years of age, do not use or provide any information to any Jadu App or Site.
This summary is provided only for convenience. Please review the TOS below in its entirety for important information and legal conditions that apply to your use of the Service.
These TOS are a legal agreement between you and Jadu. The Jadu App and Service is licensed, not sold, to you by Jadu. We reserve all rights in and to the Service not expressly granted to you under these TOS or the Collectibles TOS. We may modify these TOS, at our sole discretion, effective immediately upon posting of the revised TOS, and you agree to and accept this condition. Material changes to these TOS will be announced by posting them in the mobile application stores and Sites where the Service is available. You are responsible for checking these TOS each time before using the Service. Continued use of the Service following the posting of changes means that you accept and agree to the updated TOS.
Your rights under these TOS are limited to a personal, non-commercial, nontransferable license to use the Service on devices that you own or control and as permitted by the usage rules for the applicable mobile app store through which you accessed the Jadu App (if applicable) or other terms and conditions applying to your device. These TOS do not allow you to use the Service on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Service and, if you sell your device to a third party, you must remove the Service before doing so. You may not copy (except as expressly permitted by these TOS and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Service). Any attempt to do so is a violation of the rights of Jadu and our licensors. If you breach this restriction, you may be subject to prosecution and damages.
These TOS will govern any upgrades provided by Jadu that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these TOS are concluded solely between you and Jadu, and not with any mobile application store from which you downloaded a Jadu App (for example, Apple Inc. or Google Inc.), and that Jadu is solely responsible for the Service and the content thereof, except as otherwise provided in these TOS. If you have an Apple device and these TOS are less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern.
Use of the term "purchase" in these TOS does not imply that you obtain any ownership rights to the Service or any virtual currency or virtual goods.
Please see the Collectibles TOS regarding license terms applying to non-fungible tokens and related content. The Collectibles TOS include additional legal terms that apply to your use of Digital Collectibles.
All content included in the Service, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software is owned by Jadu or our licensors and protected by applicable copyright laws. This includes any images and video, for example, that are associated with Digital Collectibles. The Service may include registered and unregistered trademarks owned by or licensed to Jadu, which may not be copied, imitated or used, without the prior written permission of Jadu. You agree that you will not apply for, register, or otherwise use or attempt to use any Jadu trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.
If there is a charge associated with a portion of the Service, you agree to pay that charge to access those Services. If any of the Service is free, there may still be charges for additional content within the Service, including virtual currency and virtual goods, and you agree to pay those charges to obtain such virtual currency or goods. You may be able to prevent purchase of such additional content by adjusting your device's settings.
The Apple iPhone, iPad and other devices may keep you logged on for a period of time after you download a Jadu App (or after you make a purchase through a Jadu App). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. You may be able to change this function through the "settings" menu on your device.
Prices for the Service exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Service even if the Service itself are free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Service.
Any amounts paid for the Service, including for Digital Collectibles, are non-refundable, except to the extent required by applicable law or as expressly set forth in these TOS.
If you are a resident of the European Union, you consent that we may make available to you the Service and any virtual currency or virtual goods directly after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of the Service or such virtual items.
We may ask you to submit personal information in order to use certain features of the Service. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, Jadu has the right to suspend or terminate your account and refuse any and all current or future use of the Service by you.
Jadu is committed to protecting your privacy. Please review our Privacy Policy, which explains what information we collect from you and how that information is used. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The Service is not intended for children under the age of 13. If you are under 13 years of age, do not use or provide any information to any Jadu App or Site.
If you are age 13 or over but under age 18, you may use the Service only with the consent of your parent or legal guardian. Jadu relies upon parents and guardians to determine if the Service is appropriate for the viewing or access by persons under the age of 18.
Jadu relies upon parents and guardians to determine if the Service is appropriate for the viewing or access by persons under the age of 18.
If you are over the age of 18, you agree to monitor use of your account by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority ("Taxes") associated with your use of the Service (including, without limitation, any Taxes that may become payable as the result of your use, ownership or transfer of Digital Collectibles). You will pay or reimburse us for all Taxes that we are required to pay on your behalf. You shall not be entitled to deduct the amount of any Taxes from payments made to us pursuant to these TOS. If required by applicable law, we may provide information regarding your transactions in Digital Collectibles to governmental authorities, including your personal information.
We may require you to provide additional information and/or documents at the request of any competent authority or in connection with any applicable law or regulation, including without limitation laws related to anti-money-laundering. Jadu may also require you to provide additional information and documents in cases where we have reason to believe that: (a) you are using the Service (or any portion thereof) for money-laundering or for any other illegal activity; (b) you have concealed or reported false identification information and/or other details; and/or (c) transactions by you were effected in breach of these TOS. In such cases, Jadu, in its sole discretion, may (d) revoke any rights granted to you by Jadu hereunder; or (e) pause or cancel your transactions until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Jadu may, in addition to the foregoing penalties, terminate your access to the Service.
The Service may invite or enable you and other users to create, submit, post, display, import, upload, transmit, use, perform, publish or distribute communications, content and materials by e-mail or through online forums, comments windows or other functionality of the Service or portions thereof. This may include without limitation videos, Digital Collectibles and/or related metadata. All of the foregoing will be referred to herein as user content. You will be solely responsible for paying any and all costs associated with your user content, including without limitation costs related to use of and/or uploading Digital Collectibles. User content is subject to the applicable provisions of our Privacy Policy.
Jadu has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Service, you represent and warrant that: (a) you have all rights (including without limitation rights under applicable information protection, privacy and copyright laws) to do so; (b) such content is not illegal, defamatory or pornographic; (c) your posting of the user content and its use on the Service will comply with and not violate any applicable smart contract(s), other legal or contractual terms; and (d) you are solely responsible for any liability related to your breach of any of the foregoing representations and warranties. You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to Jadu a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Service or by any other means. You further hereby irrevocably grant to Jadu the unconditional right to use and exploit your username, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in user content, regardless of whether user content is altered or changed in a manner not agreeable to you.
The Service may restrict your ability to share your user content in the Service. Unless otherwise notified by Jadu, however, you may save and share them via third-party apps and sites subject to the terms of those third-party apps and sites and your ongoing compliance with these TOS.
We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any user content. However, if you believe that any user content infringes copyright rights held by you, you may contact us at the e-mail address or physical mail address below with the following information and signature:
The notice should be sent to general@jadu.ar or, if by physical mail, to:
Copyright Notices Jadu AR c/o Gamma Law PO Box 136 San Francisco, CA 94104-0136 USA
The Service may contain links, login interfaces and other connections to third-party websites and apps, including digital wallets such as MetaMask. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.
In particular, you acknowledge and agree that use of a third-party service may cause personally identifying information to be publicly disclosed and/or associated with you. The terms of service, terms of use, privacy policy and any other terms designated by the third-party service will govern your use of that third-party service. If you have any questions, concerns or complaints about a third-party service, please contact the support or contact personnel of that third-party service.
You agree not to engage in any of the following conduct through the Service: (a) interfere with or disrupt the Service or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Service; (b) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (c) use the Service to violate the law; (d) use the Service to harm minors in any way; (e) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead Jadu or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) use the Service for any commercial purpose, (i) use any other user's account for any purpose, including to circumvent a suspension or ban; (j) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications that are designed to modify the Service experience; or (k) submit false refund requests to Jadu or any mobile application store, such as the Apple App Store or Google Play. Jadu reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of these TOS or the Service and to take action as a result, which may include termination of your account and exclusion from further participation in the Service.
We reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability. You agree that we may alter the Service, which includes changing the various terms and changing or eliminating parts of the Service, without contacting you in advance.
You agree that we may temporarily suspend the Service without prior notice. During any such period you may be unable to access any information you have stored on the Service. This may occur, for example, when we are conducting regular or emergency maintenance on the Service.
The license is effective until terminated by you or Jadu. Your rights under these TOS will terminate automatically without notice from Jadu if you violate any terms listed in these TOS regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of the Service and delete all copies of the Service.
You may, as the result of termination, lose your Service account and all information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these TOS for any reason, whether by you or Jadu. Jadu reserves the right to refuse to keep accounts for or provide access to the Service to anyone.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JADU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO JADU PARTY WARRANTS THAT THE SERVICE, DIGITAL COLLECTIBLES, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JADU DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JADU OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ETHEREUM OR ANY OTHER BLOCKCHAIN NETWORK OR METAMASK OR ANY OTHER DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, NETWORK OR WALLET.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JADU BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF JADU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT OF ANY FAILURE OF AN APP TO CONFORM TO ANY APPLICABLE WARRANTY ON A DEVICE PROVIDED BY APPLE, YOU MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE FOR THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE.
You are responsible for damages incurred by Jadu and our affiliates as a result of your use of the Service and agree to defend, indemnify and hold harmless Jadu and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Service and any breach of these TOS, the Privacy Policy or any other policies posted on the Service from time to time.
You acknowledge and agree that the mobile application store from which you obtained a Jadu App or any Service available via the Jadu App, including Apple and its subsidiaries, is a third-party beneficiary of these TOS, and that, upon your acceptance of the terms and conditions of these TOS, such store, including Apple, will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third-party beneficiary thereof.
You acknowledge that, in the event of any user or third-party claim relating to the Service or your possession and use of the Service, the mobile application store from which you obtained the Jadu App or any Service available via the Jadu App (including Apple and Google Play) will not have any responsibility for the investigation, defense, settlement and discharge of any such claim. This includes, but is not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims of infringement of a third party's intellectual property rights. However, nothing in these TOS limits our liability to you beyond what is permitted by applicable law.
You agree that we have no obligation to provide support relating to the Service. You further agree that the mobile application store from which you obtained a Jadu App or Service available via the Jadu App (including Apple and Google Play) has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. We may provide limited support to users who contact us via the "Communications" section of these TOS below, however, we may discontinue such support at any time.
You agree that the Jadu Apps and Sites may automatically download and install updates, upgrades and additional features that Jadu deems reasonable, beneficial to you and/or reasonably necessary.
You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a "terrorist-supporting" country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Service and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
You agree that Jadu may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Service, or for other purposes we deem appropriate.
Any questions relating to the Service should be sent to the Helpdesk on our Discord server.
As used in these TOS, "Dispute" means any dispute, claim, demand, action, proceeding, or other controversy between you and Jadu concerning the Service and your or Jadu's obligations and performance under these TOS, Jadu's Privacy Policy or with respect to the Service, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. "Dispute" will be given the broadest possible meaning allowable under law. However, "Dispute" does not include a claim to enforce or protect, or concerning the validity of, any of your or Jadu's (or any of Jadu's licensors') intellectual property rights or a claim related to, or arising from, allegations of theft, piracy, or unauthorized use. You acknowledge that Apple is not responsible for addressing any Disputes.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You may opt out of arbitration within a limited period. Please see "Opt-Out Right" below.
Informal Negotiation. You and Jadu agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Jadu otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or Jadu provides written notice of the Dispute. You and Jadu agree that neither will commence arbitration before the end of the time for informal negotiation.
Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. Nothing herein will prevent Jadu or you from pursuing a claim in small claims court with applicable jurisdiction.
Limitation. You and Jadu agree that any arbitration shall be limited to the Dispute between Jadu and you individually. YOU AND JADU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Jadu agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.
Opt-Out Right. You can reject and opt-out of this binding arbitration agreement within thirty (30) days of your first use of the Service by emailing Jadu at general@jadu.ar with your first and last name and the e-mail address associated with your account and stating your intent to opt-out of the binding arbitration. Note that opting out of this arbitration agreement does not affect any other part of these TOS, including the provisions regarding controlling law or in which courts any disputes must be brought.
This section survives termination of these TOS.
The laws of the State of California, USA, excluding its conflicts of law rules, govern these TOS, the Collectibles TOS, and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all disputes in connection with these TOS or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these TOS or to any dispute or transaction arising out of these TOS.
All services hereunder are offered by Jadu AR Inc., which may be reached at general@jadu.aror by physical mail at Jadu AR Inc. c/o Gamma Law, PO Box 136, San Francisco, CA 94104-0136 USA. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R St., Sacramento, California 95814 or by telephone at (800) 952-5210.
If any of the terms or conditions of these TOS shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these TOS.
No delay or failure to take action under these TOS shall constitute any waiver by us of any provision of these TOS.
These TOS, the Privacy Policy, the Collectibles TOS , and any other policies posted in the Service from time to time, constitute the complete agreement between you and Jadu with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Jadu.
Last Updated: September 29, 2023
Please read these Digital Collectibles Terms of Service ("Collectibles TOS") carefully. These Collectibles TOS, in conjunction with the Jadu Terms of Service, govern our offering and sale of non-fungible tokens ("Digital Collectibles"), and your purchase and/or ownership of the Digital Collectibles. By accessing or owning Digital Collectibles, you agree to be bound by these Collectibles TOS and the Jadu Terms of Service. If you do not agree to these terms, do not access or obtain Digital Collectibles.
Under these Collectibles TOS, any disputes arising between you and us are subject to binding arbitration, unless you exercise your right to opt out of arbitration within the period specified. Please review "Mediation and Binding Arbitration" in the Jadu Terms of Service.
When you purchase or otherwise obtain a Digital Collectible, the Jadu Terms of Service will also apply. Use of the Service is also subject to our Privacy Policy. All capitalized terms not defined in these Collectibles TOS shall have the meanings as defined in the Jadu Terms of Service.
The following terms have the corresponding meaning set forth below:
"Jadu Art" means any art, design, or drawings associated with a Digital Collectible in the form minted through the Service, including imagery, video and audio. Jadu Art does not include any modifications, derivative works or art that you may create.
"Digital Collectible Materials" means all intellectual property rights in a Digital Collectible other than the Jadu Art, including, without limitation, all designs, names, copyrights, trademarks, patents, systems, methods, information, computer code, software, services, "look and feel", organization, compilation of the content, code and data.
"Third-Party IP" means any third-party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
These Collectibles TOS are a legal agreement between you and Jadu. We may modify these Collectibles TOS, at our sole discretion, effective immediately upon posting of the revised Collectibles TOS, and you agree to and accept this condition. Material changes to these Collectibles TOS will be announced by posting them on the Site. You are responsible for checking these Collectibles TOS periodically. Continued use of the Digital Collectibles following the posting of changes means that you accept and agree to the updated Collectibles TOS.
The Service may provide users opportunities to mint, use, display, interact with and trade in Digital Collectibles (for example, Jadu Hoverboards, Jadu Jetpacks or AVAs (avatars)). Digital Collectibles are intangible digital assets that exist by virtue of the ownership record maintained on a blockchain network such as Ethereum. Any such opportunities if provided are solely for entertainment purposes. DIGITAL COLLECTIBLES SHOULD NOT BE CONSIDERED STORES OF VALUE OR INVESTMENT INSTRUMENTS. DIGITAL COLLECTIBLES ARE NOT SECURITIES AND ANY OFFERING OR SALE OF DIGITAL COLLECTIBLES IS NOT REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES AUTHORITY. THE MONETARY VALUE OF DIGITAL COLLECTIBLES MAY FLUCTUATE SIGNIFICANTLY. YOU SHOULD BE PREPARED TO LOSE ANY AMOUNT THAT YOU PAY FOR DIGITAL COLLECTIBLES.
Digital Collectibles may be subject to smart contracts that are conducted and occur on a decentralized ledger within the blockchain. We may have no control over and make no guarantee with respect to the operation of smart contracts. Jadu is not responsible for losses due to the function, or any failures, of the blockchain or any digital wallet, including but not limited to late or missing reports from developers or representatives of any issues with the blockchain network, forks, technical nodes or other issues. You acknowledge that Jadu has no ability to undo, reverse, or restore any transactions. Digital Collectibles are provided "as is" and "as available" without warranty of any kind.
We may introduce new features and improvements in Digital Collectibles that we offer from time to time. You acknowledge that we have no obligation to provide you with any such new features or improvements.
Any Digital Collectibles offered by Jadu will be subject to the use and ownership provisions of these Collectibles TOS. You represent and warrant that your use of any Digital Collectible will at all times conform with all: (a) applicable laws; and (b) applicable third-party terms. The purchase price of Digital Collectibles may include so-called "gas fees," or the cost of recording entries on the blockchain, which are variable and are beyond Jadu's control.
You are entirely responsible for the safety and management of your own digital wallet and validating all transactions you may undertake for Digital Collectibles. You may display and offer for sale your Digital Collectibles on a third-party platform that cryptographically verifies your ownership of the Digital Collectible, for so long as you own the Digital Collectible.
In addition to the gas fee, each time you conduct a secondary trade of a Digital Collectible, you authorize us to collect a commission based on the total value of that transaction. You acknowledge and agree that such commission may be transferred directly to us as a part of the transaction.
When you mint or purchase a Digital Collectible, you own the Digital Collectible excluding any: (a) Jadu Art, (b) Third Party IP and (c) Digital Collectible Materials. You acknowledge and agree that Jadu (or, as applicable, our licensors) owns all legal right, title and interest in and to the Jadu Art, Third Party IP and Digital Collectible Materials.
You have no ownership interest in any Jadu Art associated with a Digital Collectible; however, you have a personal and commercial license with respect to such Jadu Art as provided below.
Jadu grants you a non-exclusive, worldwide license to use, display, modify and reproduce the Jadu Art associated with any Digital Collectible owned by you, for so long as you own the Digital Collectible, subject to the following conditions:
OTHER THAN EXPRESSLY STATED IN THESE COLLECTIBLES TOS, YOU DO NOT HAVE ANY OTHER RIGHTS IN THE DIGITAL COLLECTIBLES. You acknowledge that the Digital Collectibles and associated Jadu Art and Digital Collectible Materials may be protected by, as applicable, copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names associated with the Service or contained in the Digital Collectibles are proprietary to Jadu or its licensors. We reserve all rights in and to the Jadu Art, Third Party IP and Digital Collectible Materials that are not expressly granted to you in these Collectibles TOS.
You may not use Jadu's name without our prior written consent, which may be granted or withheld in our sole discretion, provide that you may use Jadu's name solely to refer to the origin of a Digital Collectible (but not with respect to any Jadu Art that does not conform to these Collectibles TOS). Non-response to a request for such approval shall be deemed disapproval.
Please note the following restrictions applying to commercial exploitation of any Jadu Art (in addition to the terms above that do not contradict the following restrictions):
You acknowledge and assume the following risks: (a) risks associated with purchasing and using internet-based assets, such as Digital Collectibles, including, but not limited to, failure of hardware, software and internet connections, malicious software introduction, unintended disclosure of your user account and/or related electronic wallet address, and the risk that third parties may obtain unauthorized access to information stored within your wallet; (b) a lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the Digital Collectible ecosystem; (c) the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the Digital Collectible ecosystem; and (d) upgrades to any blockchain platform, a hard fork in such a platform, or a change in how transactions are confirmed on such a platform may have unintended, adverse effects on blockchains, including the Jadu ecosystem and/or the Digital Collectibles.
If any of the terms or conditions of these Collectibles TOS shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Collectibles TOS.
No delay or failure to take action under these Collectibles TOS shall constitute any waiver by us of any provision of these Collectibles TOS.