Last revised: August 27, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR OTHER PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, BROWSE, OR USE OUR WEBSITES, MOBILE APPLICATIONS OR OTHER PRODUCTS OR SERVICES.
These Terms of Service (“Terms”) apply to your access to, and use of, the websites, mobile applications and other products and services (collectively, the “Services”) of Alagoria, (“Alagoria,” “we” or “us”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Alagoria for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.
Alagoria reserves the right to change or modify these Terms at any time and in our sole discretion. If Alagoria makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, or by updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.
Please refer to our Privacy for information about how we collect, use and disclose information about our users.
2. Eligibility, Registration and Account
Our Services are intended solely for users who are 13 years of age or older. Any registration for, or use of, the Services by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms. In addition, if you are between the ages of 13 and 18 (or the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you are 13 years of age or older.
In order to use the Services, you will be required to register for an online account. You may only register for one account and you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your password and accept all risks of unauthorized access to your account; and (iv) promptly notify Alagoria if you discover or otherwise suspect any security breaches related to the Services.
3. Copyright and Limited License
Unless otherwise indicated by Alagoria, the Services and all content and other materials therein, including, without limitation, the Alagoria 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 Alagoria or our licensors or users and are protected by U.S. and international copyright laws.
Alagoria hereby grants you a limited, nonexclusive, non-sublicensable license to use the Services and Content; however, such license is subject to these Terms and you are not permitted to (a) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the Content; (b) copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services; (c) modify, alter or otherwise make any derivative uses of the Services or the Content, or any portion thereof; (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of the Services or the Content, except as expressly permitted on the Services; and (g) use the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of Alagoria, is strictly prohibited and will terminate the license granted in this section. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by Alagoria, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“Alagoria” and the Alagoria logo and any other Alagoria product or service names, logos or slogans that may appear on the Services are Alagoria’s trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alagoria. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Alagoria.
5. Third-Party Sites and Services; Third-Party Materials
Alagoria may provide links to third-party websites, apps, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials (“Third-Party Materials”) on the Services. Alagoria does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Services or Third-Party Materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any Third-Party Services, you should be aware that Alagoria’s terms and policies, including these Terms, no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Third-Party Service to which you navigate from the Services.
6. Third-Party Interactions
Your use of the Services and your contact, interaction, or dealings with any third parties arising out of your use of the Services is solely at your own risk. You acknowledge and agree that Alagoria is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of the Services.
7. User Content and Conduct
You are solely responsible for all content you post, upload to, transmit, distribute, store, create or otherwise publish through the Services (“User Content”), as well as your conduct and the conduct of anyone using your account. The User Content you provide must comply with the rules set forth below. Enforcement of the rules in this section is solely in our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other right of any party. By providing User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Services;
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services; or
User Content that, in the sole judgment of Alagoria, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Alagoria or our users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct with respect to the Services, and you agree that you will not do any of the following in connection with the Services:
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functionality of the Services in any manner;
Flag content or report abuse for improper purposes or without good reason;
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by Alagoria;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
Create an account or post, store or upload (or otherwise make available ) any content if you are not over 13 years of age;
Use or attempt to use another user’s account without authorization from such user and Alagoria;
Modify, adapt, hack or emulate the Services;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
Develop any third-party applications that interact with User Content and the Services without our prior consent;
Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third-parties; and
Infringe upon or violate the rights of Alagoria, our users or any third-party.
Alagoria takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or uploaded on (or otherwise made available via) the Services, nor is Alagoria liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Services. Your use of the Services is at your own risk.
Although Alagoria does not control and has no obligation to screen, edit or monitor any of the User Content posted, stored or uploaded on (or otherwise made available via) the Services, Alagoria reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, stored or uploaded on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Except for any feedback you provide with respect to the Services (as discussed below in Section 11), you retain ownership of the User Content you post, store or upload on (or otherwise make available via) the Services. However, if you post, store or upload User Content on (or otherwise make available via) the Services, you grant Alagoria and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Services. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post, store or upload on (or otherwise make available via) the Services or you otherwise have the right to make available such User Content via the Services and grant the rights granted in these Terms; (ii) the User Content that you post, store or upload on (or otherwise make available via) the Services is accurate and not misleading; and (iii) Alagoria’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Alagoria and the Services (collectively, “Feedback”). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of Alagoria. Alagoria shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALAGORIA DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ALAGORIA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. ALAGORIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY ALAGORIA OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
10. Cryptocurrency Wallet & Escrow
Alagoria's Cryptocurrency Wallet allow you to send Cryptocurrency to and store supported Cryptocurrency from, third parties pursuant to instructions you provide through the Alagoria Site (each such transaction is a "Cryptocurrency Transaction"). Alagoria reserves the right to refuse to process or to cancel any pending Cryptocurrency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Alagoria cannot reverse a Cryptocurrency Transaction which has been broadcast to a Cryptocurrency network. The Hosted Cryptocurrency Wallet services are available only in connection with those Cryptocurrencys that Alagoria, in its sole discretion, decides to support. The Cryptocurrencys that Alagoria supports may change from time to time. Under no circumstances should you attempt to use your Cryptocurrency Wallet services to store, send, request, or receive Cryptocurrency in any form that are not supported by Alagoria. Alagoria assumes no responsibility or liability in connection with any attempt to use Alagoria Services for Cryptocurrency that Alagoria does not support.
11. Cryptocurrency Transactions
Alagoria processes supported Cryptocurrency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. Once submitted to the Cryptocurrency network, a Cryptocurrency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Cryptocurrency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Alagoria Account balance or be available to conduct transactions. Alagoria may charge network fees (miner fees) to process a Cryptocurrency transaction on your behalf. Alagoria will calculate the network fee in its discretion, although Alagoria will always notify you of the network fee at or before the time you authorize the transaction. Alagoria reserves the right to delay any Cryptocurrency Transaction if it perceives a risk of fraud or illegal activity.
12. Advanced Protocols
Unless specifically announced on our website or through some other official public statement of Alagoria, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Cryptocurrency supported by Alagoria (collectively, “Advanced Protocols”). Do not use your Alagoria Account or GDAX account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Alagoria platform is not configured to detect and/or secure Advanced Protocol transactions and Alagoria assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.
13. Operation of Cryptocurrency Protocols
Alagoria does not own or control the underlying software protocols which govern the operation of Cryptocurrency supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Alagoria, you acknowledge and agree (i) that Alagoria is not responsible for operation of the underlying protocols and that Alagoria makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Cryptocurrency you store in the Alagoria platform. In the event of a fork, you agree that Alagoria may temporarily suspend Alagoria operations (with or without advance notice to you) and that Alagoria may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that Alagoria assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and OUR respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Services; (ii) your violation of these Terms or the rights of any third-party; or (iii) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services.
15. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ALAGORIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, WISH LISTS, THE GIFT CARDS, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF GIFT CARDS OR WISH LISTS), USER CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF ALAGORIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ALAGORIA’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE FEE FOR THE SERVICES (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY MERCHANDISE, GIFT CARDS OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED).
16. Termination or Modification of Services
Alagoria reserves the right to change, suspend, remove, discontinue or disable access to the Services at any time and without notice. In no event will Alagoria be liable for the removal of or disabling of access to any portion or feature of the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.