Terms of Service
Last Updated: November 23, 2022
Welcome to our Hotline Beta Terms of Service (“Terms”). These Terms are provided by Hotline Communications Inc. and our affiliates (referred to as “we”, “us”, “our” and “Hotline”) and govern your use of this and our other websites, webpages, platforms, applications, products and services (collectively, our “Site”). Throughout these Terms, we will refer to you as “you” and “User”. If you use the Site to engage with your community as a content creator, we will refer to you as “you” and “Creator”. These Terms constitute a binding, legal agreement between you and us and apply to all Users who access or use our Site. If you are agreeing to these Terms and using the Site on behalf of a corporation, partnership, or other legal entity, you represent that you have all required legal rights and authority to bind that entity to these terms. In such a case, any further reference to “you” or “User” in these Terms means that other legal entity.
OUR SITE IS STILL IN ITS PRE-RELEASE BETA TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF THIS BETA TESTING IS TO OBTAIN FEEDBACK ON PERFORMANCE AND IDENTIFY DEFECTS. ANY DOWNLOADING OR UPLOADING OF MATERIAL TO OR FROM OUR SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. OUR SITE MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO ITS GENERAL COMMERCIAL RELEASE, NEVER RELEASED, OR WITHDRAWN AFTER RELEASE. THE PROGRESS, DATA, PURCHASES AND DIGITAL ASSETS (DEFINED BELOW) ACQUIRED DURING THIS BETA PERIOD MAY BE ALTERED, REDUCED, DELETED OR INACCESSIBLE WHEN OUR SITE IS FULLY RELEASED. BETA ACCOUNT PROGRESS AND ASSETS MAY ALSO BE RESET AT ANY TIME WITHOUT NOTICE TO ACCOMMODATE TESTING NEEDS.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US.
You may have the opportunity on our Site to earn, buy, trade, donate, exchange and otherwise use various digital currencies, non-fungible tokens and other assets, including sRLY and assets native to Hotline like $HOTLINE (collectively, “Digital Assets”). As with any asset, the value of Digital Assets can go up or down, and there can be a substantial risk that you lose value buying, trading, donating and exchanging Digital Assets. You should carefully consider whether trading or holding Digital Assets is suitable for you in light of your financial condition. Hotline does not offer securities services in any jurisdiction and is not registered with any securities regulators.
Certain portions, features, or functionalities of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this agreement; in the event of such a conflict, the Additional Rules will control.
FOR RESIDENTS OUTSIDE OF CANADA, THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION SECTION, WHICH INCLUDES AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THIS USER AGREEMENT YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY COLLECTIVE ACTION, WHETHER THAT BE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
BY CLICKING “I AGREE TO THE TERMS OF SERVICE”, OR BY USING OR ACCESSING THE SITE, YOU REPRESENT THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH FORMS AN ESSENTIAL PART OF THESE TERMS. YOU MAY NOT USE THE SITE FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY OR IF YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE BY LOCAL LAWS WHICH ARE APPLICABLE TO YOU, YOU MUST NOT ACCESS OR USE THE SITE.
1. Changes to our Site
We may update our Site often, and the effective date of these Terms will be included at the top of this webpage (“Effective Date”).
The information and material on our Site, and any portion of the Site itself, may be changed, withdrawn, or terminated at any time in our sole and absolute discretion and without advance notice to you. You acknowledge that this may impact the use, functionality, or value of Digital Assets. You agree that we will not be liable if, for any reason, all or any part of the Site is changed, withdrawn, terminated, restricted to users, or unavailable at any time or for any period or if such restriction or unavailability impacts the use, functionality, or value of the Digital Assets.
Your continued use of the Site after the Effective Date constitutes your acceptance of any amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site and to print out a copy of these Terms for your records. If you have any questions about these Terms, please send an email to info@gethotline.xyz.
2. Your Limited Right to Use Our Site
Subject to these Terms, we grant you permission to use our Site strictly on a non-exclusive, non-transferable, and limited basis for your own personal and noncommercial use. Neither the Site nor any portion of the Site or any Content (defined below) may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single device for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands.
In the event that we offer downloads of software from our Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”), are licensed to you by us or third-party licensors for your personal, noncommercial use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
3. Account Creation
We may need some information from you to get you set up with an account on our Site, including your name and contact information such as your mobile phone number, email address and social media handles. The information that you provide may be subject to additional verification. You may be able to access the Site by logging in with your social media accounts or linking to other social media platforms, in which case such accounts and platforms may pass such information directly to us. You agree that you will provide us with accurate, true, and complete information about yourself whenever you are prompted to provide us with information, and that you will update such information whenever it changes. Your failure to do so may constitute a breach of these Terms.
You agree that you will maintain the security of all information that you provide to us, and that it is solely your responsibility to keep your username, passwords, devices used to access the Site, and all other materials secure and confidential. We assume that any transaction initiated or activity that takes place through your account using your credentials is authorized by you. If you become aware of any unauthorized access to your account or any transaction made through your account that was not authorized by you, it is your responsibility to let us know immediately by contacting us at info@gethotline.xyz. It is important that you regularly check your account to ensure that all activity that occurs on it was authorized by you. We are not liable for any damages or losses that you incur due to unauthorized access. You may not sell or otherwise transfer your account or any portion thereof.
4. Digital Assets
Digital Assets are designed as an entertainment product and are not intended to be investments or to be used for investment purposes. Like all products similar to the Digital Assets, they can vary in composition, rarity, and the rights associated with them.
Digital Assets are not legal tender and are not backed or insured by any government. Digital Assets have no inherent value and, like physical collectibles, may have a subjective value on secondary markets.
While the Site may provide information about the estimated value of Digital Assets, including sRLY and $HOTLINE, and may include information about their historical value, the fiat value of all Digital Assets are subject to volatility and change, and Digital Assets could lose their value, both on an individual as well as a network-wide basis. Hotline does not directly control and is not responsible for the value of any Digital Assets and makes no guarantee, express or implied, of their value in fiat. In addition, Digital Assets that you may use on the Site may not be freely tradable or exchangeable outside of the Site. You acknowledge and agree that any purchase of or transaction in Digital Assets conducted by you or on your behalf is made voluntarily, willfully, and exclusively at your own risk.
In addition, you acknowledge and agree that Hotline does not offer securities-related services in any jurisdiction. You also acknowledge and understand that Hotline is not a money transmitter and works with third party licensed money transmitter and compliance services entities to conduct regulated transactions, if any. Hotline does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the Site do not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. Hotline makes no recommendation and, apart from providing estimated value or historical value data in certain circumstances, does not provide any advice about the actual present fiat value of any Digital Asset.
Transactions that involve cryptocurrency or Digital Assets that occur on the Site may be managed, processed, and confirmed by third parties and as such, any such transactions are subject to any applicable provisions of such parties. We reserve the right to change the method by which cryptocurrency currency transactions are processed at any time.
DUE TO THE NATURE OF BLOCKCHAIN TECHNOLOGY, WE DO NOT HAVE ANY CONTROL OVER ANY CRYPTOCURRENCY OR DIGITAL ASSET TRANSACTIONS THAT ARE MADE ONCHAIN. YOU ACKNOWLEDGE THAT IT IS NOT TECHNOLOGICALLY POSSIBLE FOR US TO REVERSE SUCH TRANSACTIONS. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT PROVIDE REFUNDS OR EXCHANGES FOR TRANSACTIONS CONDUCTED ON THE SITE.
5. Transactions; Limitations
You will be able to earn and transact with Digital Assets through the Site and may have the opportunity to use Digital Assets to transact with other Digital Assets, or engage in various transactions through mainnet protocols. You may be able to connect your mainnet wallet to the Site and transact with Digital Assets from your mainnet wallet on the Site. You may be charged fees for certain transactions, and if so, such fees will be disclosed to you. In addition, you may be required to provide information prior to the completion of a transaction for purposes of identity verification and detection and prevention of fraud, money laundering, terrorist financing and other financial crimes. Hotline reserves the right to cancel or reject any transaction for which you provide incomplete or incorrect information, or that you do not confirm within a reasonable time following your initiation of the transaction.
PLEASE NOTE: Your ability to use all features on the Site may be limited, depending on your place of residence. Because of jurisdictional restrictions, while you may be able to connect your mainnet wallet or transaction with sRLY, $HOTLINE, or other Digital Assets on the Site, and otherwise interact with the Site, you may be restricted from certain other transactions, and accordingly, any value you hold or acquire on the Site will be locked. Please contact info@gethotline.xyz for further information.
6. Third Party Services
Certain third party services may be required for you to transact on our Site and to use our products and services. You represent that you are legally competent and able to agree to the terms and conditions of such third party service providers as such terms and conditions may be updated and amended from time to time. The Site may also contain links to third-party websites and services, including social media (collectively, “Linked Sites”). Linked Sites are not under our control, and we take no responsibility for any information or materials on, or any communications or transmissions received from, any Linked Site. By including a link on our Site to the Linked Site, we are not endorsing the Linked Site. We provide links to Linked Sites for your convenience only, and your access of Linked Sites is done at your own risk
Hotline may partner with third party cryptocurrency exchange partners, transaction and payment processors, payment services providers and compliance services providers to manage transactions on the Site. Such third party services providers may charge certain transaction fees. You agree that you will provide us with all the information that we reasonably request, and that if you register with a third party services provider designated by us, you will provide all information required by such third party services provider in order to process payments or transactions. It is your responsibility to ensure that all information provided to us and to any third party services provider is accurate, true and complete. In addition, you agree that your account with any third party services provider is subject to all terms, conditions and privacy policies of such provider. You agree that you are solely responsible for payment of the fees, costs and expenses of a third party services provider in connection with your transaction that may be incurred by you and, in some cases, deducted from your payments. We are not responsible for any delay, failure, damage, or liability caused by a third party services provider, any other third party, a force majeure, or your failure to timely or properly provide us with requested information, or, with respect to third party services providers, your failure to timely or properly set up an account with the payment services provider or otherwise provide requested information for completion of a transaction. If Hotline believes that fraud or attempted fraud, circumvention of any of these Terms or the Privacy Policy, or any violation of law or regulation is taking place with respect to any payment or transaction, we may take action to withhold, delay, or cancel the transaction, or seek repayment of payments associated with such fraud or violations, in our sole discretion.
7. Ownership
If you earn, buy and otherwise receive sRLY, $HOTLINE or other Digital Assets on the Site, such Digital Assets are owned by you; Hotline will have no title or ownership rights over such assets. As the owner of the Digital Assets, you will bear all risk of loss with respect to such assets. Hotline will have no liability for any change or fluctuation in the value of any Digital Assets.
8. User Representations and Warranties
If you access or use our Site, you represent and warrant that:
You are at least 18, or the age of majority in your jurisdiction;
You are legally competent and able to be bound by these Terms;
You are permitted by the laws of the country in which you reside to be a User and, as applicable, Creator on the Site, and to view any content available on it and to use any functionality provided by it;
You have not been previously prohibited from accessing our Site or banned from participating in or opening an account on our Site for any reason;
All registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
You will not create a false identity, create a false account or accounts, create multiple accounts, or impersonate any person or organization;
You will only use one account to earn Digital Assets within the Site;
You will not access the Site through automated and non-human means, whether through a bot, script or otherwise to access, collect data, damage, disrupt or interfere with uses of our Site or systems, or transmit any virus, worm, Trojan or other malware or spyware to or through the Site;
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site, or copy or obtain information from our site for competitive purposes;
You will not use the Site for any illegal and unauthorized purpose, and your use of the Site will not violate any applicable law or regulation;
You own or possess all rights needed to grant the license and other rights that you’ve granted in these Terms, and your compliance with these Terms will not violate any agreement or terms that you have agreed to with any third party;
Your Creator Materials and Submissions (both defined below) (a) are not confidential or proprietary, (b) do not violate any applicable law, regulation, or court order, (c) do not infringe, misappropriate, or otherwise make unauthorized use of any intellectual property, privacy, publicity, moral, or other rights of any third party, and (d) do not include any information that you do not have the right to disclose publicly or that you do not wish to be disclosed publicly, and they do not include any information or images of third parties who have not granted you the right or their consent to publicly disclose such information or images;
You will not engage in actions that are abusive, racist, sexist, discriminatory, harassing, harmful, threatening, hateful, derogatory, or otherwise objectionable;
You will not take actions to abuse or manipulate token rewards, including actions to earn more rewards than are intended on a per individual basis, such as intentionally or repeatedly posting content of low quality or otherwise taking actions that are detrimental to the community or the token rewards system;
You will not use the Site to advertise third party products or services, unless specifically approved by us;
You are not a convicted sex offender; and
You have not been included in any trade embargoes or economic sanctions list.
If you are unable to make these representations and warranties or don’t agree to any part of our Terms, you may not access or use our Site. Your breach of any of these representations and warranties will constitute a breach of these Terms. Determination of whether or not you have breached any representation or warranty will be made at our sole discretion. If you breach these Terms, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, and your rewards, Digital Assets and account balances may be forfeited.
9. Creator Specific Terms
This Section applies solely to creators on this Site, and not to users who are not creators. All other sections of these Terms apply to all users of this Site, including creators.
Our Site provides you, as Creator, with tools to engage with, receive support from and reward your fans. We will need some information from you to get you set up and onboarded as a creator and to maintain or improve your profile. Your profile will enable you to set up your own personalized information on our Site. We may ask you for your name, your screen name, alias or preferred nickname, your contact information, including your email address and social media handles, and your headshot, bio and skills or creations to be used to create and maintain your profile, as well as other information that may be relevant to getting you set up. We may ask you for additional information from time to time to improve your profile, the Site or to help promote the Site or your involvement with Hotline. All materials that you provide to us during the creator onboarding and maintenance process are included in the definition of Creator Materials, defined further below in this Section. Please note that you will not be able to have your profile featured on our Site until you have provided us with all requested materials. You agree that you will provide us with accurate, true, and complete information about yourself whenever you are prompted to provide us with information, and that you will update such information whenever it changes.
You agree that by participating on our Site as a creator, you grant us a non-exclusive, worldwide, irrevocable, unlimited, sublicensable (through multiple tiers of sublicenses), perpetual, royalty-free, fully paid license to reproduce, copy, distribute, publicly display, publicly perform, edit, host, store and otherwise use your name, nickname, handle, logo, symbol, initials, likeness, image, photograph, animation, avatar, autograph, voice, statements or quotes, recorded video portrayal, live streams or related recordings, public persona, biographical information, back-story and related materials that you provide to us or on the Site (“Creator Materials”), and to create derivative works thereof, in physical and/or digital embodiment of Creator Materials in any and all media and distribution channels, whether now known or hereafter invented, to be used for commercial, marketing, promotional and development purposes for our Site.
We have the right, without provision of notice, to (a) remove or refuse to post on the Site any Creator Materials for any or no reason in our sole and absolute discretion; (b) monitor, filter, revise, edit, remove or refuse content using manual or automated third-party content moderation services; and (c) at all times, take such actions with respect to any Creator Materials deemed necessary or appropriate in our sole and absolute discretion, including for violating these Terms.
10. Content
The Site contains copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Content"). This Content is subject to copyrights owned by Hotline, its affiliates, and/or its licensors, and is protected by Canadian and international intellectual property laws. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Site or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Site, including Hotline’s servers, computer network, or user accounts. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate local or international copyright, trademark, and/or other laws.
You may have the opportunity to, and you may choose to, interact with our Site through submissions of chats, materials and posts to our Site or through third-party social media platforms and sites. You may also have comments, suggestions or other feedback about our Site, products and services that you may provide. This content is collectively referred to in these Terms as “Submissions”. In making any Submission, you hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual, and irrevocable license, in any and all manner and media, whether now known or hereafter invented, to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the Submissions for any and all commercial, promotional, marketing and development purposes. You waive all moral rights that you may have in your Submissions. You understand that we have no obligation to use, publicize, distribute or take any actions with respect to your Submission, and that if we do use your Submission, that we do so in our sole discretion and may remove, or refuse to remove, any Submission at our sole discretion. Any Submission that you provide to us is at your own risk and in full acknowledgement of these Terms. In granting us this license, you represent and warrant that you possess all rights necessary to grant us the license rights described above.
You acknowledge and agree to the following:
We do not grant you any rights in relation to content on the Site. Any such rights may only be granted to you by creators.
We do not authorize, approve or modify content on the Site, and views expressed by creators or users do not necessarily represent our views. While we take steps to monitor content and Creator Materials in the Site, we make no representations or guarantees that we will be able to review all material that you or other users submit to the Site or to do so in a timely manner. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
We have the right, without provision of notice, to take appropriate legal action, including referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
We will not be responsible to you if you are identified from content that you make available through the Site. While we may, from time to time and in our sole discretion, implement certain geofencing or geolocation technology on the Site, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on the Site.
We make no promises or guarantees of any kind that creators or users will make any particular fees or earnings from use of the Site; any information we provide is for informational purposes only.
You acknowledge that once any content that you provide is posted on the Site, we cannot control and will not be responsible to you for the use which other users or third parties make of such content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your content which may have been recorded by other users in breach of the Terms of Service or by third parties prior to the deletion of your account.
11. Privacy
Please review our Privacy Policy, which describes how we collect information on the Site and how we use, process and share it. Without limiting the terms of our Privacy Policy, you agree by using our Site that we do not and cannot guarantee that your use of the Site and the information provided by you or to you through the Site will be private or secure. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Site. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
12. Waiver of Liability and Assumption of Risk
YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS CONNECTED WITH (1) YOUR USE OF THE SITE HOWSOEVER ARISING, INCLUDING BOTH THE OPERATION OR SPECIFICATIONS OF THE EQUIPMENT AND ANY OTHER OPERATIONS ASSOCIATED WITH YOUR USE OF THE SITE, (2) THE ACTIONS, OMISSIONS OR NEGLIGENCE (INCLUDING FAILURE TO USE REASONABLY PRUDENT AND CAREFUL CARE, AND FAILURE TO PROTECT YOU FROM RISKS, DANGERS AND HAZARDS INHERENT IN THE USE OF THE SITE) OF (a) HOTLINE AND ITS AFFILIATES, (b) THE RESPECTIVE SITE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS IN RELATION TO THE FOREGOING ENTITIES, OR (c) ANY OF THE FOREGOING ENTITIES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR PERSONNEL (COLLECTIVELY, THE “RELEASED PARTIES”), AND (3) ANY BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OR OTHER BREACH OF DUTY OF CARE, INCLUDING ANY DUTY OF CARE IMPOSED BY LAW OR BY EQUITY, ON THE PART OF ALL OR ANY OF THE RELEASED PARTIES.
YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL MANNER OF LIABILITIES, CLAIMS, DEMANDS, SUITS, DAMAGES (INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES), LOSSES, INTEREST, COSTS, EXPENSES, DEBTS, ACTIONS AND CAUSES OF ACTION OF ANY KIND, CHARACTER OR NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, INCLUDING THOSE OF LOSS, DAMAGE, INJURY OR DEATH HOWSOEVER ARISING, INCLUDING AS DESCRIBED IN THE PARAGRAPH DIRECTLY ABOVE (“CLAIMS”) THAT YOU HAVE, MAY HAVE, OR HAVE EVER HAD RESULTING FROM OR CONNECTED IN ANY WAY WITH THE YOUR USE OF THE SITE, INCLUDING ANYTHING ARISING AFTER THE DATE OF YOUR AGREEMENT TO THESE SITE TERMS.
WITHOUT LIMITING THE FOREGOING, YOU ACCEPT AND ACKNOWLEDGE:
(A) THE PRICES OF DIGITAL ASSETS MAY BE EXTREMELY VOLATILE, AND FLUCTUATIONS IN THE PRICE OF OTHER DIGITAL ASSETS COULD MATERIALLY AND ADVERSELY AFFECT THE DIGITAL ASSETS AVAILABLE ON OUR SITE, WHICH MAY ALSO BE SUBJECT TO SIGNIFICANT PRICE VOLATILITY. WHEN YOU ACQUIRE A DIGITAL ASSET, YOU ARE RECEIVING THE FULL VALUE THEREFOR BY THE TRANSFER OF THE DIGITAL ASSET, AND NO PART OF ANY TRANSACTION INVOLVING A DIGITAL ASSET INCLUDES ANY GUARANTEE FROM US OR ANY OTHER PERSON THAT ANY HOLDER OF A DIGITAL ASSET WILL NOT LOSE MONEY OR THAT THE DIGITAL ASSET WILL INCREASE IN VALUE.
(B) YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT, IF ANY, TAXES APPLY TO YOUR DIGITAL ASSETS TRANSACTIONS, AND NEITHER HOTLINE NOR ANY OTHER ENTITY OR PERSON IS RESPONSIBLE FOR DETERMINING THE TAXES THAT APPLY TO YOUR TRANSACTIONS.
(C) APPLICABLE LAWS GOVERNING BLOCKCHAIN TECHNOLOGIES, CRYPTOCURRENCIES, NFTS AND COLLECTIBLES ARE UNCERTAIN, AND NEW REGULATIONS OR POLICIES MAY MATERIALLY ADVERSELY AFFECT THE DEVELOPMENT OF THE SITE, OR THE UTILITY OF DIGITAL ASSETS.
13. Disclaimers Of Warranties
UNLESS EXPRESSLY PROVIDED OTHERWISE, OUR SITE AND ANY ASSOCIATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. We do not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by us or our authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NONE OF THE RELEASED PARTIES MAKES ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE, THE DIGITAL ASSETS, OR THE CONTENTS. WITHOUT LIMITING THE FOREGOING, NONE OF THE RELEASED PARTIES REPRESENTS OR WARRANTS THAT THE SITE, DIGITAL ASSETS, OR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE RELEASED PARTIES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SITE, ANY DIGITAL ASSETS, OR ANY OTHER FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET IN CONNECTION WITH THE SITE OR THE DIGITAL ASSETS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE, INCLUDING THE DIGITAL ASSETS, AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY:
USER ERROR INCLUDING YOUR FAILURE TO REMEMBER OR LOSS OF PASSWORDS OR SIMILAR AUTHENTICATORS SUCH AS PRIVATE KEYS;
VULNERABILITIES, FAILURES OR ABNORMAL BEHAVIORS OF THE PUBLIC INTERNET;
VULNERABILITIES, FAILURES OR ABNORMAL BEHAVIORS OF SOFTWARE, SUCH AS SMART CONTRACTS OR WALLETS, INCLUDING CORRUPTED WALLET FILES;
VULNERABILITIES, FAILURES OR ABNORMAL BEHAVIORS OF THE UNDERLYING BLOCKCHAIN TECHNOLOGY, INCLUDING LATE REPORTING OR NON-REPORTING BY DEVELOPERS OR MAINTAINERS, FORKS, TECHNICAL NODE ISSUES OR ANY OTHER BLOCKCHAIN FAILURES WHICH MAY RESULT IN YOU INCURRING A LOSS;
DENIAL-OF-SITE ATTACK, DISTRIBUTED DENIAL-OF-SITE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING;
VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, OR ANY DIGITAL ASSETS, OR ITEMS FOUND OR ATTAINED THROUGH THE SITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.
THE DIGITAL ASSETS ARE INTANGIBLE. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE RELEVANT BLOCKCHAIN PLATFORM. EXCEPT TO THE EXTENT WE ARE ABLE TO CONTROL SUCH BLOCKCHAIN PLATFORM, WE DO NOT GUARANTEE THAT WE OR ANY OTHER SELLER OF DIGITAL ASSETS CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS.
14. Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE RELEASED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE RELEASED PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED SERVICES OR SUCH OTHER THIRD-PARTY SERVICES, NOR ANY DIGITAL ASSETS, CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
STRICTLY TO THE EXTENT THAT THE FOREGOING PARAGRAPH DOES NOT APPLY TO YOU, IN THE EVENT THAT FOR ANY REASON REQUIRED UNDER APPLICABLE LAW WE ARE LIABLE TO YOU IN ANY MANNER, IN NO EVENT SHALL THE RELEASED PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SITE, CONTENT, DIGITAL ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED OR PROVIDED ON THE SITE EXCEED THE LESSER OF (A) CAD$100 OR (B) THE AMOUNT RECEIVED BY US FROM THE TRANSACTIONS INVOLVING THE DIGITAL ASSETS THAT ARE THE SUBJECT OF THE CLAIM.
THESE LIMITATIONS OF LIABILITY WILL NOT APPLY TO OUR LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR OR OUR PERSONNEL’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. HOWEVER, TO THE MAXIMUM PERMITTED EXTENT UNDER APPLICABLE LAWS, YOU AGREE THAT THESE PROVISIONS ARE INTENDED TO APPLY TO YOU.
15. Indemnification
You agree to indemnify and defend us and our affiliates and our respective directors, officers, agents, employees, principals, successors, assigns, subsidiaries or affiliates (collectively, “Hotline Parties”) from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against us by any third-party arising from your violation of these Terms, the rights of a third-party or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects our rights or obligations may be made without our prior written approval.
16. Governing Law
The Site and these Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules.
You and we agree that the UN Convention on Contracts for the International Sale of Goods (Vienna,1980) shall not apply to these Terms, the Service or to any dispute or transaction arising out of these Terms or the use of the Site.
17. Dispute Resolution
For Users in Canada
Any action or proceeding arising out of or relating to the Site and under these Terms will be instituted in the courts of competent jurisdiction located in the City of Vancouver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
To the maximum extent permitted by the consumer protection or other applicable laws in your jurisdiction of residence, any disputes must be conducted on an individual basis only, and neither you nor Hotline shall be entitled to join or consolidate disputes by or against other individuals or entities, or to arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of a class or in a private attorney general capacity, in connection with any dispute under these Terms or in connection with the Site. This paragraph does not apply to the extent the laws of your jurisdiction would not permit it.
For Users Outside of Canada
YOU AND WE AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND WE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND WE FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR REPRESENTATIVE ACTION MEMBER IN ANY PURPORTED REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
With the exception of disputes that qualify for small claims court and disputes involving Hotline’s intellectual property, you and Hotline agree that if there is any controversy or claim arising out of or relating to these Terms, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other, any unresolved controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Vancouver, British Columbia. The language of the arbitration shall be English.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.
18. Termination
These Terms automatically terminate, and your rights to use our Site, products and services also terminate, if you fail to comply with any aspect of our Terms. In addition, we may terminate, suspend or modify your account or your access to the Site, with or without notice to you, at any time for any reason. If you wish to terminate your participation on our Site, please provide us with written notice of your desire to terminate via email to info@gethotline.xyz.
If your account is terminated with balances still associated with your account, and such balances were not received or earned as a result of any breach of our Terms, you can reach out to us via email to info@gethotline.xyz for more information on how to retrieve such balances. If balances are associated with your account, and Hotline is unable to contact you or has no record of your use of the Site for an extended period of time, Hotline may be required by law to report such balances as unclaimed property. If we are unable to contact you through your contact information that we have on record to deliver such balances, we may be legally required to deliver such balances to the applicable jurisdiction as unclaimed property.
Termination of these Terms or your account will not limit any of our other rights or remedies. Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.
19. Jurisdictional Issues; Taxes
You are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Site to any person or geographic area at any time. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the Site by any taxing authority.
20. Miscellaneous
These Terms, together with our Privacy Policy and any Additional Rules, contain the entire understanding by and between us and you with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
These Terms (i) inure to the benefit of and will be binding upon us and you and your successors and assigns, respectively, and (ii) may be assigned by us, but you may not assign them without the prior express written consent of us.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
If we or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
Nothing contained in these Terms will be deemed to constitute us or you as the agent or representative of the other or as joint venturers or partners.
If we or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
The headings and captions contained herein are for convenience only.
These Terms and all related documentation will be drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
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