Terms and Conditions
Last Updated: 23 January 2025
These Terms and Conditions (the "Agreement") govern your use of the services provided by 11+ (Eleven Plus, Inc.) ("11+", "we", "us", or "our"), a global platform providing digital football-related content, social engagement, and marketplace services accessible through our website, mobile apps, and associated services (collectively, the "Service"). By accessing or using the Service, you agree to comply with and be bound by these terms, along with any other applicable policies or guidelines that may be posted from time to time.
If you do not agree to these Terms and Conditions, please do not access or use the Service.
1. Acceptance of Terms
By accessing or using the Service, you agree to these Terms and Conditions and any applicable policies incorporated by reference. These Terms govern your use of the Service and any content, features, and functionalities provided by 11+. If you disagree with any of these terms, you are prohibited from using the Service.
2. Eligibility
Minimum Age Requirement: By accessing or using the Service, you represent and warrant that you are 13 years old or older. If you are under 13 years old, you may not use the Service.
Access to NFT and Token Features: If you are 13 years old or older, you may use the Service's features, including content creation and community engagement. However, if you wish to engage in transactions involving NFTs or tokens, including purchasing, selling, minting, or transferring NFTs and tokens, you further represent and warrant that you are 18 years old or older. Users under the age of 18 may not participate in NFT or token-related transactions.
Legal Compliance: You agree to comply with all applicable laws and regulations in your jurisdiction regarding the use of digital assets, tokens, and NFTs. If you are a resident of a country where the legal age for entering into contracts is different from the age requirement set by 11+, you are responsible for ensuring that you meet the legal requirements before using the Service.
Geographic Restrictions: The Service is not available to residents of certain countries due to legal, regulatory, or business restrictions. By accessing or using the Service, you represent and warrant that you are not a resident of any of the following countries where the Service is restricted or prohibited: Afghanistan, the Central African Republic, the Democratic Republic of the Congo, Cuba, Guinea-Bissau, the Islamic Republic of Iran, Iraq, the Democratic People's Republic of Korea, Libya, Mali, Somalia, South Sudan, Sudan, Syrian Arab Republic, Bolivarian Republic of Venezuela, Yemen, Belarus, Myanmar, and Mainland China.
If you are a resident of any of the restricted countries, you are prohibited from using the Service, including all associated features, transactions, and functionalities. This restriction is based on international sanctions, legal requirements, and other regulatory obligations.
3. Account Registration
Creating an Account: To use certain features of the Service, you must create an account ("Account"). When registering, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and the activities that occur under your account.
Account Security: You are responsible for securing your account and notifying 11+ immediately if you suspect unauthorized access or use.
4. Digital Wallet and Blockchains
Digital Wallet: To interact with NFTs, buy, sell, or mint collectibles, you must link a compatible digital wallet (e.g., MetaMask) to your 11+ account. You are responsible for securing and managing your digital wallet and for all transactions made through it.
Transaction Responsibilities: Once a transaction is processed, it is irreversible. 11+ is not liable for any loss or damage resulting from wallet compromises or user error.
Wallet Verification: 11+ may request additional information for wallet verification, particularly for compliance with legal obligations. Failure to provide requested information may limit access to certain services.
Blockchains: The Services may include any distributed application running on one or more blockchain networks, which may include the Kaia Network and other networks (the "Blockchains"), using smart contracts (each, a "Smart Contract") that interact with Smart Contracts involving digital assets, such as tokens or NFTs. These Digital Assets can be visualized via the Services and other third-party services.
5. NFT and Collectibles
NFTs and Collectibles: 11+ offers a marketplace where users can mint, buy, sell, and trade digital collectibles related to football, such as player cards, team memorabilia, and other digital assets ("Collectibles").
Ownership of NFT and Collectibles: Upon purchasing a Collectible, you gain ownership of that digital asset, which is recorded on the blockchain. However, this does not grant you ownership of the intellectual property underlying the Collectible, unless otherwise stated.
Marketplace Listings: You may list Collectibles for sale at a price you determine. You are responsible for ensuring that your listings comply with applicable laws.
Licenses 11+ grants you a limited, non-exclusive license to use, display, and transfer your NFTs for personal, non-commercial purposes. Any commercial use of the NFT, such as creating derivative works or selling it for a profit, is prohibited unless expressly authorized by 11+.
Transferring your 11+ NFT You may transfer your NFT to another user, but you must comply with these Terms, including any restrictions on resale or use, and ensure that the recipient agrees to these Terms.
6. Content and Intellectual Property Rights
Content Ownership the Service and all content and other materials contained therein, including, without limitation, 11+ logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of 11+, our affiliates or licensors, as applicable.
11+ logo and any 11+ product or service names, logos or slogans that may appear on the Service are trademarks of 11+ or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “11+,” or any other name, trademark or product or service name of 11+ or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of 11+ and may not be copied, imitated or used, in whole or in part, without our prior written permission.
User Content
You are hereby granted a limited, revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable, “as-is” license to access and use the Service and Content for your own personal, non-commercial use; provided, however, that such license is subject to this Agreement and does not include any right to (i) sell, resell, or use commercially the Service or Content, (ii) distribute, publicly perform, or publicly display any Content, (iii) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (vi) use the Service or Content other than for their intended purposes. This license is subject to your compliance with the Acceptable Use Policy set forth in Section 14 below.
11+ reserves the right to remove any content that violates intellectual property rights or is deemed inappropriate or infringing upon the rights of third parties. Users are responsible for ensuring that any content they submit does not violate the rights of others.
Ownership of Team Intellectual Property
However, the trademarks, logos, team names, player images, and other intellectual property related to football clubs, national teams, or players (collectively, "Team Intellectual Property") remain the exclusive property of the original rights holders, including but not limited to football clubs, league, association, federation, national teams, players, and their respective licensing bodies.
Intellectual Property and Rights Disclaimer
11+ respects the intellectual property rights of others and does not claim ownership of any intellectual property associated with football clubs, national teams, players, or other related entities.
Use of Publicly Available Information
11+ may use publicly available information such as match results, game statistics, and general event information related to football games, competitions, and players. This information is used solely for informational, newsworthy, and community engagement purposes.
11+ does not utilize or reproduce any proprietary content protected by copyright, trademark, or other intellectual property rights unless such content is made publicly available by the rightful owner for general use (such as news reports, match scores, and event statistics).
User’s Acknowledgment of No Ownership of Team Intellectual Property
Users of the Service acknowledge and agree that they do not own any intellectual property rights related to football clubs, national teams, players, or any other Team Intellectual Property. Users are not authorized to use, reproduce, distribute, or exploit any Team Intellectual Property for commercial purposes or otherwise, unless explicitly granted permission by the rightful owners.
Responsibility for User-Generated Content
By submitting content (e.g., images, videos, posts, or other media) to 11+, users represent and warrant that their content does not infringe upon the intellectual property rights of any third party, including but not limited to team logos, player images, or trademarks. Users are solely responsible for ensuring that any content they submit does not violate any third-party rights.
Public Use of Team Information
Users may freely share and discuss publicly available information related to football events, match results, statistics, and other general information that is not protected by intellectual property rights. However, users must refrain from using Team Intellectual Property in any manner that would violate the rights of the rightful owners.
No Commercial Use of Team Intellectual Property by Users
Users are prohibited from using Team Intellectual Property in any commercial or promotional activity unless they have received prior permission from the relevant rights holders. This includes, but is not limited to, using team logos, player images, or trademarks in advertisements, merchandise, or for any other commercial purposes.
7. Rewards, Hearts, Trophies, and XP Levels
11+ offers a variety of in-game rewards and progression elements designed to enhance user engagement and experience. These elements include Hearts, Trophies, and XP Levels, which can be earned through participation, achievements, and interactions within the Service.
7.1 XP and Leveling Up
XP (Experience Points) are earned by users through activities such as participating in community events, completing challenges, and interacting with other users. XP is used to track progress and unlock new features, rewards, and levels.
As users accumulate XP, they will level up within the Service, which may unlock additional privileges, access to exclusive content, or special features. XP cannot be transferred, sold, or redeemed for monetary value and is purely for enhancing the user's experience within the platform.
7.2 Hearts and Trophies
Hearts and Trophies are awarded to users for achieving specific milestones, such as winning a battle in live matches, completing challenges, participating in events, or achieving recognition within the community. These are intended to encourage engagement and reward users for their contributions to the platform.
Hearts can represent a measure of a user's popularity or activity within the community. They can be earned by engaging in positive interactions and helping grow the platform.
Trophies are generally awarded for specific achievements and milestones, such as completing a series of battles in 11+ live matches or tasks, reaching a high level of participation, or performing exceptional actions within the Service.
7.3 Jewels
Jewels are premium in-game resources that can be acquired through direct purchase using real-world currency or other specific actions within the Service.
Jewels offer special advantages, such as:
Accelerating activities like earning Hearts or completing challenges.
Unlocking exclusive content, items, or features not available through other rewards.
Unlike other rewards, Jewels can be used to enhance gameplay efficiency, such as by purchasing bulk quantities of Hearts or boosting the rate of XP accumulation.
Jewels are strictly non-transferable between users and cannot be exchanged for real-world monetary value or other assets outside the platform.
7.4 Non-Transferable and Non-Exchangeable
XP, Hearts, and Trophies are generally non-transferable and cannot be exchanged for any form of monetary compensation or real-world goods. These rewards are intended solely for use within the platform and are designed to enhance your experience.
However, under certain conditions or for specific items, Hearts and Trophies may become transferable upon receiving approval from 11+. The transfer of Hearts and Trophies is subject to the criteria and processes established by 11+ and may only occur under special circumstances as determined by the platform.
11+ reserves the right to modify the criteria for earning XP, Hearts, and Trophies or to introduce new rewards or progression systems at any time, based on the evolution of the Service.
7.5 Termination and Loss of Rewards
If your account is suspended or terminated for violating the Terms and Conditions, you will forfeit any XP, Hearts, or Trophies that you have earned. Additionally, 11+ reserves the right to remove or reset any rewards or progression elements if necessary, in accordance with changes to the Service or for compliance with legal requirements.
8. Your Information, Content, and Feedback
Your Information: You are responsible for ensuring the accuracy of the personal information you provide to 11+. We collect and process your data in accordance with our Privacy Policy.
User Content: You retain ownership of your content but grant 11+ a license to use, modify, and distribute the content as necessary to operate and promote the Service.
Feedback: Any feedback or suggestions you provide to 11+ will become our exclusive property, and we may use such feedback without any obligation to compensate you.
9. Consent to Electronic Communication
By creating an Account and using the Service, you consent to receive electronic communications from 11+, including service announcements, transaction-related notices, updates, and marketing communications. You agree that any such communication satisfies legal requirements for written communications. You may opt-out of receiving marketing emails by following the unsubscribe instructions provided in the email.
10. Ownership
Service Ownership: All rights, title, and interest in and to the Service, including all intellectual property rights (e.g., logos, trademarks, digital content, software), are owned by 11+ or its licensors. You acknowledge that you do not acquire any ownership rights by using the Service.
Collectibles Ownership: You may own the digital collectibles purchased via 11+, but the intellectual property rights underlying the Collectibles remain with the respective owners unless explicitly stated otherwise.
11. License to Our Service and Content
Service License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes, subject to these Terms and any restrictions or limitations we may impose.
Content License: You are granted a license to access and use the content provided by 11+, but you do not acquire ownership of any such content. You may not use the content for commercial purposes without prior written consent from 11+.
12. Third-Party Services; Third-Party Terms
Third-Party Integrations: The Service may include links to third-party websites or services not owned or controlled by 11+. We are not responsible for the content or practices of these third-party services.
Third-Party Terms: By using third-party services integrated with the Service, you agree to abide by their respective terms of service and privacy policies.
13. Modification, Suspension, or Discontinuation of the Services
13.1. Modification of Services
We reserve the right to modify, suspend, or discontinue, whether temporarily or permanently, part or all of the Services, products, offerings, promotions, and/or features of the Website, App, or Services. We may also introduce new features and/or services. Modifications may occur for various reasons, including but not limited to:
Improvement of the Website or the Services (such as offering new, modified, or updated services, offering different content or services),
Necessary modifications for technical reasons,
Changes due to the number of users, changes in operational requirements, or legal or intellectual property obligations,
Changes in third-party licenses or compliance requirements,
Significant changes due to market conditions, and
Enhancements to the safety of users or third parties, or other legal, regulatory, technical, marketing, or product-related reasons.
13.2. Suspension or Termination of Services
Users agree, to the fullest extent permitted by applicable law, that any modification, suspension, or termination of access to the Services may occur without prior notice. 11+ shall not be held liable for any consequences resulting from such modification, suspension, or termination. Upon termination, all rights granted to you will immediately cease, and you must stop using the Service.
13.3. User's Right to Terminate
If you do not agree with any modifications to the Services, you have the right to terminate these Terms and delete your User account. If you do not delete your User account, your continued use of the Website, App, and/or the Services shall be considered as implicit consent to the relevant modifications.
13.4. Inactive Accounts
We reserve the right to delete a User account that has been inactive for more than twelve (12) months, provided that:
The corresponding Blockchain Wallet is empty of any collectibles or cryptocurrency, and
The Cash Wallet is empty of any local currency.
Such deletion will occur after reasonable prior written notice.
13.5. Beta Tests
In the event that a beta feature, product, service, or offering (each a "Beta Test") is made available, we reserve the right to modify, suspend, or discontinue the Beta Test, either temporarily or permanently, at 11+ 's sole discretion and without any liability to you.
14. Acceptable Use Policy
You agree that you are solely responsible for your conduct while participating in the purchase or sale of Tokens or otherwise accessing or using the Service. You agree that you will abide by this Agreement and will not do:
Fraudulent or Deceptive Activities Posting or creating materials, information and contents with the intent to deceive or confuse other users.
Offensive or Illegal Content Posting or creating content of the following nature:
Abuse, pornography, defamation, harassment, content that promotes violence or racial hatred, or infringes on personal privacy or promotes criminal activities.
Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access.
Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
Unauthorized Access Attempting to access, disrupt, negatively affect or interfere with other users' accounts, wallets, or networks that could damage, disable, or impair the functioning of the Service in any manner.
Account Hijacking Using or attempting to use another user's account without permission.
Impersonation of 11+ Staff Pretending to be a 11+ employee or creating an account in the name of a 11+ staff member.
Revenue Manipulation and Illegal Transactions Engaging in fraudulent, illegal transactions, or actions that disrupt the normal functioning of the service
Price Manipulation Using an account to artificially manipulate the value of a collectible, NFTs, hearts, Jewel, trophy and tokens etc by engaging or facilitating any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities.
Misuse of Third-Party Services Engaging in unfair or illegal activities through other users' accounts.
Use of False Account Information Withdrawing cash from external bank accounts when the name and account holder's information do not match or are verified fraud.
Attempting Unauthorized Access Attempting to access or interfere with the private areas of the 11+ website or app.
Service Interference Overusing or interfering with the operation of 11+'s website, app, or services to limit other users' access.
Use of Automated Tools Using bots, spiders, or any other automated tools to scrape or collect data.
Data Mining Engaging in data mining or extracting information from 11+ and its users without authorization.
Sending Malicious Software Sending viruses, worms, ransomware, spam, phishing emails, or any other harmful software.
Security Breaches Attempting to explore, disable, or circumvent the security systems of 11+.
Reverse Engineering Analyzing or attempting to analyze the source code, algorithms, or methodologies of 11+.
Commercial Use Using 11+'s products or services for commercial purposes without authorization or selling them.
Intellectual Property Infringement Removing or altering 11+'s copyright, trademark, confidentiality notices, or other proprietary rights.
Illegal Usage Using the website, app, or services for money laundering, illegal financial activities, or any other unlawful purposes, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Service.
15. Suspicious Activity and Violations
If we believe you are involved in fraudulent or illegal activity, we may suspend or terminate your account and report your activities to the relevant authorities.
15.1 Reporting Suspicious Activity
Reporting Method 11+ encourages users to report suspicious or fraudulent activity. Users can report suspicious activity via Customer Support at [웹어드레스/이메일]
Investigation Rights 11+ has the right to investigate any suspicious activities, and users must provide necessary information upon request.
15.2 Violation of Terms
11+ reserves the right to restrict or suspend the use of the Service for any user suspected or confirmed to be in violation of these Terms and Conditions.
Game and Reward Restrictions Users found in violation of the Terms may have their participation in games restricted. Rewards earned by the violating user may be withheld or canceled.
Account Suspension and Deletion In the event of permanent account suspension, users must transfer any collectibles, cryptocurrency, or cash stored in their wallet to an external account within 30 days. Failure to transfer within the set period will result in permanent and irreversible loss of the associated assets.
16. Privacy and Data Security
16.1. Privacy Policy
Your use of the Website, App, and/or Services is subject to 11+'s Privacy Policy, which is incorporated into these Terms and Conditions by reference. By accessing or using the Services, you acknowledge and agree to the practices described in our Privacy Policy, including how we collect, use, and share your personal data.
16.2. Data Collection
To provide and improve our Services, 11+ may collect and process personal information, including but not limited to, your name, contact information, account details, payment information, transaction history, and usage data. This data is collected to facilitate your use of the Services, to respond to your inquiries, and to comply with legal obligations.
16.3. Data Security
11+ is committed to ensuring the security of your personal information. We employ industry-standard security measures, including encryption and secure servers, to protect your personal data. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee the absolute security of your information. You acknowledge and accept the inherent risks associated with transmitting personal information over the internet and agree that 11+ will not be held liable for any security breaches unless due to gross negligence on our part.
16.4. User Responsibilities
You are responsible for maintaining the confidentiality of your account information, including your password and any other security measures for accessing the Services. You agree to notify 11+ immediately if you suspect any unauthorized access to your account. You also agree to take appropriate steps to protect your information, including securing your private keys and digital wallet credentials.
16.5. Data Retention
We will retain your personal information for as long as your account is active or as needed to provide you with the Services, comply with legal obligations, resolve disputes, and enforce our agreements. If you request the deletion of your account, we may retain certain information as required by law or for legitimate business purposes, such as fraud prevention.
16.6. Data Sharing and Third-Party Services
We may share your personal information with third-party service providers who help us operate the Services, process payments, or perform other functions. We will only share your information with trusted third parties that are obligated to protect your data. Please be aware that third-party services are governed by their own privacy policies, and 11+ is not responsible for the practices of these third parties.
16.7. International Transfers
Your personal data may be transferred to, and maintained on, computers located outside of your state, province, or country where the data protection laws may differ. By using the Services, you consent to the transfer of your personal data to other jurisdictions, including the United States or other countries with different data protection laws.
16.8. Access and Control Over Your Data
You have the right to access, correct, update, or request the deletion of your personal data. You may also have the right to object to or restrict the processing of your personal data. To exercise these rights, please contact us through the contact details provided in our Privacy Policy. We will respond to your request in accordance with applicable laws.
16.9. Children’s Privacy
The Services are not intended for use by individuals under the age of 13, and we do not knowingly collect personal data from children under 13. If we learn that we have collected personal information from a child under 13, we will take steps to delete that information.
16.10. Changes to Privacy and Data Security Practices
11+ may update or modify its Privacy Policy from time to time. We will notify you of any significant changes by posting an updated Privacy Policy on our Website or App. Please review the Privacy Policy periodically for any updates. Continued use of the Services after any such changes constitutes your acceptance of the updated Privacy Policy.
17. Changes to Terms and Conditions
17.1. Right to Modify Terms
11+ reserves the right, at its sole discretion, to update, modify, or change these Terms and Conditions at any time. These changes may include, but are not limited to, changes in the Services, features, or functionality offered by 11+, or updates to any terms that govern the use of the Services.
17.2. Notification of Changes
Whenever these Terms and Conditions are updated or modified, 11+ will post the updated version on the Website or App and will revise the "Last Updated" date at the top of the Terms. 11+ may also notify users of significant changes via email or other means if applicable.
It is your responsibility to review these Terms periodically for any updates or changes.
17.3. Continued Use of the Services
Your continued use of the Website, App, and/or Services after the posting of updated Terms and Conditions will be deemed as your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and may terminate your account, if applicable.
17.4. No Liability for Changes
11+ is not liable for any losses or damages arising from your failure to review the updated Terms, or from your continued use of the Services after any modifications have been made.
17.5. Specific Modifications for Users
In certain cases, we may offer specific modifications or additional terms that apply to certain users, services, or geographical regions. These terms will be clearly stated and may be in addition to these general Terms and Conditions.
18. Indemnification
18.1 User’s Indemnification Obligation
You agree to indemnify, defend, and hold harmless 11+ and its affiliates, employees, officers, agents, partners, contractors, and licensors from and against any and all claims, damages, losses, costs (including attorneys’ fees), and liabilities arising from:
Your violation of these Terms or any additional terms.
Your breach of fantasy game rules.
Your misuse or improper use of the Services.
Your violation of any third-party rights, including intellectual property rights.
Your violation of any applicable laws, regulations, or rules.
Your negligence, gross negligence, or willful misconduct.
18.2 Limitation of 11+’s Liability
You acknowledge and agree that 11+ is not responsible for any damages, claims, or liabilities arising from your use of your account or the Services. You agree to hold 11+ harmless from any and all such claims.
19. Liability
11+ and its affiliates, officers, agents, consultants, vendors, equity holders, employees, successors, assigns, directors, partners, subsidiaries, contractors, and licensors disclaim all liability arising out of or in connection with the Website, the App, and/or the Services, to the fullest extent permitted by applicable law. 11+ shall not be held liable for:
Your reliance on any statement, information, and/or data made available on the Website, the App, the Services, and/or any social media platform or blog operated by 11+;
Loss of Users' Content, Data, Rewards, Hearts, Trophies, XP, Levels, NFT, Collectibles, Local Currency, or Cryptocurrencies;
Any event that may occur during Auctions, including but not limited to impacts on price, the Collectible, its final design, etc.;
Temporary or permanent account suspensions;
Direct or indirect damage resulting from the use by a User or any third party of the Website, the App, and/or Services;
Interruptions in the Website, App, or Services, and/or any losses caused by errors, bugs, breaches, and/or malfunctions;
Technologies provided by Third-Party Services (as defined below);
A malfunction or cyberattack;
Any case of force majeure;
Any malware or other harmful elements contained in the Website, App, and/or Services.
19.1 Risks of Technology Use
You understand and accept the inherent risks in the provision of information, online internet exchanges, and experimental technologies such as blockchain and non-fungible tokens. You agree that 11+, its affiliates, officers, agents, consultants, vendors, equity holders, employees, successors, assigns, directors, partners, subsidiaries, contractors, and licensors shall not be liable for any failure of the aforementioned technologies and/or breaches of security of the Website and/or Services.
19.2 Limitation of Liability
Except in relation to any liability that cannot be excluded or limited by law, 11+'s maximum, aggregate liability to an individual User, under and in connection with these Terms and/or any Additional Terms, is limited to direct damages in an amount not to exceed the sum(s) actually paid by the individual User to 11+ in the twelve (12) months prior to the claim giving rise to such liability.
19.3 Release
To the fullest extent permitted by applicable law, you hereby release and forever discharge 11+ and our officers, employees, licensors, agents, successors, and assigns (the “11+ Groups”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Users of the Service or any Third-Party Properties).
20. Assumption of Risk and Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE, APP, AND/OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, APP, AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST PERMITTED BY APPLICABLE LAW, 11+ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11+ MAKES NO WARRANTY THAT:
(A) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF ANY ERRORS, HARMFUL ELEMENTS AND/OR MALWARES;
(C) THE SERVICEs AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES (INCLUDING ANY DATA PRESENTED THEREIN OR IN CONNECTION WITH, OR ON ANY THIRD-PARTY WEBSITE) WILL BE ACCURATE , RELIABLE, COMPLETE, LEGAL OR SAFE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 11+ DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSSES THAT MAY BE INCURRED BY YOU AS A RESULT OF USING THE WEBSITE, THE APP, THE SERVICES, THE BLOCKCHAIN TECHNOLOGY, AND/OR DIGITAL ASSET WALLETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR TOKENS.
YOU ACKNOWLEDGE AND AGREE THAT 11+ IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD 11+ LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT 11+ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. 11+ MAKES NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
11+ will not be liable for any loss of any kind resulting from any action taken or reliance on material or information contained in the Services.
While 11+ attempts to make your access to and use of the Services and content safe, we cannot and do not represent or warrant that the Website, App, or any servers used to provide the Services are free of viruses or other harmful components. You accept the inherent security risks of providing information and dealing online over the internet, and you agree not to hold 11+ responsible for any breach of security unless it is due to our gross negligence.
20.1 Additional Acknowledgments and Assumptions of Risk
In addition, you acknowledge and agree that:
20.1.1 Volatility of Digital Assets: The applicable price of a digital asset, such as NFTs and tokens, may be highly volatile. Fluctuations in other digital asset prices could significantly (and negatively impact) any resale value that a Collectible may have. These factors may result in the potential for permanent and total loss of the value of a Collectible, if demand for the Collectible disappears. There is no representation or warranty that a Collectible will maintain a specific value or price if offered for resale.
20.1.2. Blockchain and Asset Transfers: The Website and/or App do not store, send, or receive Collectibles. Collectibles exist solely through ownership records maintained on blockchains. Any Collectible transfers occur within blockchainS, which 11+ does not control, not within the Website or App.
We are not involved in any marketplace transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of Tokens advertised, the truth or accuracy of User Content or listings, the ability of Sellers to sell Tokens, the ability of Buyers to pay for Tokens, or that Buyer or Seller will actually complete a transaction.
20.1.3. Internet Connectivity and Service Disruptions: 11+ relies on internet-based services, and as such, you acknowledge that interruptions, delays, or downtime in internet connectivity may occur. These disruptions may impact the accessibility and functionality of the Services. Further, we cannot guarantee continuous or secure access to the Service and operation of the Service may be interfered with by numerous factors outside of our control. Accordingly, to the fullest extent permitted by applicable law, we exclude all implied warranties, terms and conditions.
20.1.4. Risks of Blockchain-Based Services: Using blockchain-based services may involve the following risks:
The decentralized and distributed nature of blockchain technology may expose you to technical glitches, cyber-attacks, or other unforeseen issues that could result in the loss of digital assets or disruption of services.
Network Risks: Delays, interruptions, congestion, or other unpredictable failures on the blockchain network may affect the speed and efficiency of transactions.
Due to these risks, transactions involving Collectibles (including sales or transfers) may be irreversible. Losses caused by fraudulent or accidental transactions may occur, and transactions may be recorded on the ledger of the Ethereum network later than when initiated by you or 11+.
20.1.5. Blockchain Wallet Security: Blockchain Wallets require careful management of users' private keys. You are the only one able to access the private key of your Blockchain Wallet. If you lose access to your private key or fail to secure it properly, you may lose access to the Collectibles and digital assets linked to your Blockchain Wallet. Blockchain Wallets are susceptible to hacking, phishing, or other security breaches, and you are responsible for securing your wallet.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF TOKENS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR TOKENS.
20.1.6. No Investment Representation: The Collectibles do not represent an investment, security, equity, or debt instrument. They are not intended to be a “security” under any applicable law or regulation. The information provided by 11+ does not constitute an offering document or a solicitation for the purchase or sale of any Collectible or asset.
20.1.7. Tax Responsibilities: You are solely responsible for determining any applicable taxes on transactions related to your Collectibles. 11+ does not assume responsibility for determining taxes related to your transactions on the App, Website, or blockchain-based smart contracts.
20.1.8. Regulatory Uncertainty: The regulatory frameworks governing blockchain technologies, cryptocurrencies, and tokens remain uncertain, and new regulations or policies could significantly impact the 11+ ecosystem and the value or utility of Collectibles.
20.1.9. Country Restrictions on Digital Assets: Collectibles cannot be received, used, held, transferred, or sold to individuals or entities in a country subject to embargo or sanctions by the U.S. government, European Union, or the United Nations, or if the user is listed in the U.S. government, European Union, or United Nations restricted parties lists.
20.2 Third-Party Services
11+ may utilize or provide links to Third-Party Services for various functions, such as payment processing, digital asset management, or other services that complement or enhance the platform. Accessing and using these Third-Party Services may be subject to additional terms, privacy policies, and agreements with such third parties.
You acknowledge and agree that:
11+ does not control, endorse, or guarantee the reliability, availability, or security of these Third-Party Services. Any issues with Third-Party Services may impact your experience on 11+, but 11+ is not responsible for such issues.
You may be required to authenticate or create a separate account with Third-Party Services to use them. The reliability and security of these services are outside 11+'s control, and any information shared with Third-Party Services will be subject to their respective terms and privacy policies.
11+ provides access to Third-Party Services merely as a convenience, and the inclusion or integration of such services does not imply endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. 11+ will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on Third-Party Services.
Payment processing for the Services is handled by third-party payment processors (each, a "Payment Processor"). By using the Services, you agree to provide accurate payment information and authorize 11+ to share this information with the Payment Processor to process payments. All payment information is directly handled and stored by the Payment Processor, not by 11+, and is subject to the Payment Processor’s security protocols. Your use of the payment processing services is subject to the terms of the Payment Processor Agreement, as may be modified by the Payment Processor from time to time, and if this agreement is terminated, your access to the Services may be suspended or terminated. 11+ may change or add Payment Processors or services at any time, which may be subject to additional terms.
21. Miscellaneous
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
Entire Agreement: These Terms constitute the entire agreement between you and 11+ regarding your use of the Service.
22. Dispute Resolution and Arbitration
22.1. General Dispute Resolution Process
In the event of any dispute, claim, or controversy arising out of or in connection with these Terms and Conditions or your use of the Services, the parties agree to first attempt to resolve the dispute informally by contacting 11+ customer service. If the dispute cannot be resolved informally within 30 days, the parties will proceed to binding arbitration as outlined below.
22.2. Arbitration Agreement
To the fullest extent permitted by applicable law, you and 11+ agree to resolve any dispute, claim, or controversy arising out of or in connection with these Terms and Conditions exclusively through binding arbitration, rather than through court proceedings.
22.3. Arbitration Rules
The arbitration will be conducted by the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body. The arbitration will take place in a location determined by 11+, and the proceedings will be confidential. The decision of the arbitrator will be final and binding on both parties. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
22.4. Class Action Waiver
You agree that any dispute resolution will be conducted only on an individual basis, and not as a class, collective, or representative action. The arbitrator may not consolidate claims or handle claims as a class action.
22.5. Exceptions to Arbitration
This arbitration agreement does not apply to claims for injunctive or equitable relief or disputes related to the enforcement of intellectual property rights.
22.6. Governing Law
This arbitration agreement and any disputes will be governed by the laws of the jurisdiction where 11+ is incorporated, without regard to conflict of law principles.
22.7. Right to Opt-Out
You may opt-out of the arbitration agreement by providing written notice to 11+ within 30 days of agreeing to these Terms, stating your desire to opt-out. If you opt-out, any disputes will be resolved in a court of competent jurisdiction, not through arbitration.
23. Contact Information
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