Terms and Conditions

TheseTerms and Conditions (the “Terms”) illustrate a legal agreement between ArcubeLimited (“Arcube Limited”), referred to as “we”, “us”, “our”, and visitors (“User”,“Customer”, “you”) to arcube.io, arcube.org and any/all subdomains of thesedomains (the “Sites”). Services borne or related to the Sites are defined asthe “Services”.  TheseTerms are legally binding. By accessing the Site or Service, you indicate thatyou accept the Terms. You also accept that you have read, understood, andagreed to the specific Terms and Conditions held within the agreement, and thatyou are eligible to accept these by law and by your legal capacity. You do nothave to agree to these terms, yet without agreement, your access to the Siteand Services is not permitted.

To usethe Sites or Services, you must be at least 18 years old, and if not of fulllegal capacity (a minor), your parent or guardian must consent to these Termson your behalf. If you are a minor without permission, you will not be able touse our Site or Services. No User under the age of 13 will be able to accessour site, even with the permission of their parent or guardian. To accessthe Services, you must not reside in a country that is subject to sanctions bythe UK, USA or on the Current UN Sanctions List. Access to the services is alsodenied if you are subject to sanctions as an individual, or associated with anentity, sanctioned by the UK, USA, India or UN. There may be extrajurisdictional prohibitions, listed on our Country Support page. If youuse the Service outside of the United Kingdom or Isle of Man, you are solelyresponsible for ensuring that you do not violate any applicable laws relatingto your jurisdiction.  Arcubehas the right to refuse any User from accessing or using the Site or Services,and may use IP Allow/Block rules, JS Validation, Captcha, or other Securityfeatures to reduce a User’s chances of causing malicious harm, yet also theiraccess. Arcubehas the right to investigate any violations of these Terms, and to restrict orblock access at any point from the Site or Services.

https://www.arcube.io/ (the “Platform”) offers the ability topurchase non-fungible tokens (“NFTs”) through our sale partners, either for afixed price, or as an auction to the highest bidder – NFTs purchased shall bereferred to as “Sale NFTs”. All NFTs are deployed, transferred, and recordedusing blockchain technology. All NFTs listed on the Platform use the blockchain“Polygon”. Arcube Limited is the developer of all code, assets and contentrelating to the Sale NFTs, along with the Platform. Upon the point of sale, youwill be transferred to our partners Paella Inc., d/b/a “Crossmint”, where youwill complete your sale. Your basic personal data entered on the Platform isshared with Arcube Limited.  Arcube Limited has permitted Crossmint to transfer and sell the Sale NFTson Arcube’s behalf. Your funds will be sent to a wallet address owned by Crossmint,or processed via card through a processing partner of their choice. You mustalso abide by the terms and conditions and privacy policy of Crossmint before completingyour sale and being transferred your Sale NFT. Etihad Airways PJSC (“Licensor”, “Etihad”) is the owner of the licensed contentused in the Sale NFTs, which have been licensed to Arcube Limited for the solepurpose of the creation of Sale NFTs. Ownership of the content and IP withinthe Sale NFTs is limited after the Sale, as illustrated in Section 4b). The transmissionfrom Crossmint to the purchaser (“Customer”), and any other sales thereafter(“secondary sales”), to and from secondary users (“Secondary Users”), arerecorded along the blockchain. The payment for an NFT is only accepted in the form of fiat currenciesand Ethereum on the Ethereum network. Arcube is not responsible and should not be held liable for the provisionof benefits provided to Sale NFTs or their owners. Any providers of benefitshave the right to change or remove provisions at any time.

You acknowledge and agree to the collection, use and disclosure of yourbasic personal information as described and in accordance with Arcube’s PrivacyPolicy. The Privacy Policy is incorporated into these Terms.

The Useris responsible for their use of the Site and Services. Users should not conductmalicious acts when using the Site or Services, which can include, but are notlimited to:
·      Cause harm, harassment, or other trouble to Users.
·      Pose as another person or provide us with fraudulent information as if tobe another person.
·      The use of a proxy, VPN, or similar service to bypass control mechanisms and access the Site from a restricted location, or to access the Site after youhave been removed.
·      Conduct scraping, harvesting, crawling, spyware, or other technique/programto: access the Service, extract, view, modify or duplicate data, or otherwisechange the Service or Site, when not authorised.
·      Hacking, reverse engineering, malware, or otherwise bypassing controlmechanisms, to gain access to unauthorized data, content or other parts of theSite and Service.
·      Use the Site or Services for illicit financial activities, such as moneylaundering or terrorist finance.
·      Speculation or collusion of any kind relating to the Services or SaleNFTs
·      Use the Site or Services in a way that disrupts, crashes, or otherwiseinterferes with other User access. 

Taxation borne through the purchase of a Sale NFT will be the sole act ofthe customer to declare, report and pay. Taxation will be different per userdepending on jurisdiction and is the User’s sole responsibility in determiningand declaring.  

Anymodifications, suspensions or discontinuations of the Site or Service are inthe sole discretion of Arcube. Any modifications or updates to the Terms are also at the sole discretion ofArcube.

Arcube acts as a digital platform.Sale NFTsare sold and transferred by Crossmint, on behalf of Arcube, for personal,non-commercial use only. Arcube is approved to on behalf of the Licensor, usingtheir brand and assets. Owners must understand the risks and limitations ofpurchasing a blockchain-related asset.Tospeculate on any part of the Primary or Secondary Sale of the Sale NFTs isprohibited and you will be banned from the Site and Services if participatingin this behaviour. You also are not guaranteed to obtain a Sale NFT when thesale date and time occurs, due to limited quantities or other factors, whichwill be communicated to you.TheLicensor(s) makes no warranties in any context or for any purpose. The Licensordoes not guarantee, and will have no responsibility for that the Sale NFT,Metadata, Site or Services will perform without errors. TheCustomer’s or Secondary User’s misuse or misinterpretation of the Metadata orSale NFT will not be warranted by the Licensor(s), nor will the Licensor(s)guarantee to offer support to Customers or Secondary Users. 

To the fullest extent permitted by the governing law of this contract,you agree that in no event that Arcube, or its vendors, providers, partners orany other third parties will be held liable for any lost profit throughsecondary sales, indirect or other damages from these terms, the Site, or theServices. Arcube shall not have liability for any indirect or consequentiallosses or damages which may be suffered by the User, Customer or SecondaryUser, and whether the same arise in contract, tort (including negligence) orotherwise howsoever, including any loss of production, loss of use, loss ofrevenue, loss of profit, loss of revenue, loss of contract, loss of goodwill. Nothing in these Terms shall operate to exclude or limit the Licensor(s)’ liability for infringement of Intellectual Property Rights, and/or anyliability which cannot be lawfully excluded by the User, Customer, SecondaryUser, or other third-party. You will be liable for any damage to computer equipment or loss of dataeither directly or indirectly whilst accessing the Site or Services. The maximum cumulative liability for all claims arising from, or relatedto, these terms, or subsequent provided Services, will not exceed the amountthat the Customer has paid for the Services or Sale NFTs from the Licensor(s).

TheCustomer will be held harmless and will indemnify the Licensor(s), vendors,suppliers and contractors against all claims, liabilities and expenses arisingout of the Services under these Terms. Indemnification will occur in the eventof any defects (whether visible or not) in any Sale NFT produced, promoted,distributed, licensed, or sold by the Licensor(s). Any infringement of rightsof the Licensor(s) or third party by the production, sale, possession or use ofthe Sale NFT by the User, or any failure to comply with all applicable law,will be indemnified against.

TheseTerms and any dispute or claim (including non-contractual disputes or claims)arising out of or in connection with it or its subject matter or formationshall be governed by and construed in accordance with the law of the Isle of Man.

Anydispute or difference whatsoever arising between the parties out of or relatingto the construction, meaning, scope, operation or effect of this contract orthe validity or the breach thereof shall be settled by arbitration inaccordance with the Rules of Arbitration of the Indian Council of Arbitrationand the award made in pursuance thereof shall be binding on the parties.

If any clause or part-clause of these Terms is or becomes invalid, unenforceable,or illegal, it shall be deemed as deleted. The rest of the Terms shall not beaffected, and they shall be valid and enforceable.

Allparties mentioned in these Terms are independent of each other and should betreated as independent contractors. Neither Party is within, or shallestablish, any partnership or joint venture between any of the parties,constitute any Party as the agent of another Party, or authorise any Party tomake or enter into any commitments for, or on behalf, of any other Party. Each Party is acting on its own behalf and not for the benefit of any other person.

Arcube reservesthe right to prohibit, or not provide to, a User the Site or Service at anytime. If you violate these terms, your permission to use the Site and Servicesautomatically is void, and your access will be terminated. If access iscontinued after permission is lost, this access is prohibited and illegal.

These Terms constitute the entire agreement between the Parties and supersedeandextinguish all previous agreements, promises, assurances, warranties,terms, representations,and understandings between them, whether written or oral, relating to itssubject matter.Arcube andthe Customer agrees that they shall have no remedies in respect of anystatement, representation, assurance, or warranty (whether made innocently ornegligently) that is not set out in these Terms. Arcube and Customer also agreethat they shall have no claim for innocent or negligent misrepresentation ornegligent misstatement based on any statement in these Terms.