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Terms and Conditions

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 11. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE ARBITRATION PROVISIONS AND CLASS ACTION WAIVER CONTAINED HEREIN, PLEASE DO NOT USE ANY OF THE SERVICES.

These Terms of Use contain the terms and conditions that govern the Services and are a legally binding agreement between AlwaysGeeky and you. By accessing or using AlwaysGeeky’s Services, you (1) are confirming that you have read, that you understand and that you agree to be bound by all of these Terms of Use and any additional terms, rules and conditions issued by AlwaysGeeky from time to time and (2) are consenting to the collection, use, sharing and storage of your personal information and other handling of information as described in AlwaysGeeky’s Privacy Policy. If you do not agree to the Terms of Use or perform any and all obligations under these Terms of Use, then you may not access or use the Services.

AlwaysGeeky may make changes to the Terms of Use from time to time. When making such changes, AlwaysGeeky will post the updated Terms of Use on this page and will indicate the date the Terms of Use were last revised. The updated Terms of Use shall be effective as of the time it is posted for new users, and will be effective thirty (30) days after they are posted for existing users of the Services. You understand and agree that your continued use of the Services after the posting of any updated Terms of Use indicates your acceptance of these modified terms.

To be eligible to use the Services, you must be a resident of one of the countries in which the Services are supported and be the age of majority in your country of residence. You represent to AlwaysGeeky that you are lawfully able to enter into these Terms of Use. If you are entering into these Terms of Use for an entity, you represent to AlwaysGeeky that you have legal authority to bind that entity, in which case “you” will mean that entity. The information on the AlwaysGeeky Website and the web application are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulations, or which would subject AlwaysGeeky to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Website and/or the web application while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.

1. Definition

  • 1.1. “AlwaysGeeky” means AlwaysGeeky Games, Inc.

  • 1.2. “AlwaysGeeky’s Parties” means AlwaysGeeky, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees, agents, partners, suppliers and licensors.

  • 1.3. “Applicable Law” means any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directive, requirement or guideline, published or in force which applies to, or is otherwise intended to govern or regulate, any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental authority having jurisdiction over the Services, you, or as otherwise duly enacted, enforceable by law, the common law or equity.

  • 1.4. “Content” means any information, code, data, functionality, website design text, software, music, audio, photographs, graphics, video, messages, tags and/or other materials.

  • 1.5.“Discord” means our Discord server located at https://discord.gg/voxies.

  • 1.6. “Digital Assets” means any cryptocurrency, cryptoasset, blockchain-based token, or other digital asset, including, without limitation, the Voxie NFTs and VOXEL Tokens.

  • 1.7. “Feedback” means any ideas, suggestions, submissions, documents, and/or proposals that you submit to AlwaysGeeky through any communication channel or otherwise through the Services.

  • 1.8. “Marketplace” means AlwaysGeeky’s marketplace for Digital Assets located at https://market.voxies.io/ and related Smart Contracts.

  • 1.9.“Marks” means AlwaysGeeky’s trademarks, service marks and logos.

  • 1.10. “Merchandise Site” means AlwaysGeeky's merchandise sales site located at https://shop.voxies.io/.

  • 1.11. “Networks” means distributed, decentralized, shared, and replicated ledgers also referred to as blockchains, with Smart Contract functionality on which the Services are provided or on which the Voxie NFTs are transferred, purchased or traded, and which include, without limitation, the Ethereum and Polygon Networks.

  • 1.12. “Open-Source Software” means any software or components thereof subject to “open source” or “free software” licenses.

  • 1.13. “Privacy Policy” means AlwaysGeeky’s Privacy Policy located at Privacy Policy

  • 1.14. “Registered User” is a user which has a valid Wallet, through which the user has connected to the Services.

  • 1.15. “Roadmap” means a description of anticipated future milestones.

  • 1.16. “Services” means your access to and use of the Website, the Marketplace, the Discord, the Smart Contract based applications and games made by AlwaysGeeky as well as any other media form, media channel, mobile website or mobile application related thereto.

  • 1.17. “Smart Contract” means an event-driven program, with state, that runs on a distributed, decentralized, shared, and replicated ledger and which can take custody over and instruct transfer of assets on that ledger.

  • 1.18. “Terms of Use” means these Terms of Use that govern your access to and use of the Services.

  • 1.19. “Third-Party Service” means third-party websites, applications, Smart Contracts, extensions and advertisements for third parties accessible or otherwise connected to the Services but not provided by AlwaysGeeky.

  • 1.20.“Transaction Fee” means a transaction fee applicable to the sale of your Voxie NFTs via the Marketplace or a Third-Party Service as determined by AlwaysGeeky, in their sole discretion.

  • 1.21. “User Content” means any Content that is made available by Registered Users on or through the Services.

  • 1.22. “VOXEL Tokens” means the ERC-20 tokens that allow users, among other things, to purchase weapons, armors, and other in-game items through the Services.

  • 1.23. “Voxie NFTs” means the unique digital collectible characters referred to as Voxies and the in-game items made available via the Services or Third-Party Services, each represented by an ERC-721 non-fungible token on one or multiple Networks.

  • 1.24.“Wallet” means a software-based system for storage of Digital Assets and payment information related thereto.

  • 1.25. “Website” means AlwaysGeeky’s website located at https://voxies.io.

  • 1.26. “you” or “your” means you and the entity you represent.

1. LICENSES AND USE OF THE SERVICES

  • 2.1. Services Personal Use Only. Subject to your continued compliance with these Terms of Use, AlwaysGeeky grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services for your own personal non-commercial purposes.

  • 2.2. Voxie NFTs Personal Use. Subject to your continued compliance with these Terms of Use, AlwaysGeeky grants you a worldwide, non-exclusive, royalty-free, and revocable license to use, copy, and display your purchased or acquired Voxie NFTs, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Voxie NFTs, provided that the marketplace cryptographically verifies each Voxie NFT owner’s rights to display the Voxie NFTs to ensure that only the actual owner can display the Voxie NFTs; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Voxie NFTs, provided that the website/application cryptographically verifies each Voxie NFT’s owner’s rights to display the Voxie NFTs to ensure that only the actual owner can display the Voxie NFTs, and provided that the Voxie NFTs are no longer visible once the owner of the Voxie NFTs leaves the website/application.

  • 2.3. Voxie NFTs Commercial Use. Subject to your continued compliance with these Terms of Use, AlwaysGeeky grants you an unlimited, worldwide, non-exclusive, license to use, copy, and display the purchased or acquired Voxie NFTs for the purpose of creating derivative works based upon the Voxie NFTs. Examples of such use include, but are not limited to, the use of the Voxie NFTs to produce and sell merchandise products (clothing, accessories, posters, or other artworks, etc.) that display copies of the art embodied in your specific Voxie NFTs, and to create any digital derivatives or other NFT representations of the Voxie NFTs, or to manufacture and sell printed copies of the Voxie NFTs. For the avoidance of doubt, for purposes of this Commercial Use, the Voxie NFTs refers to the artwork embodied in the Voxie NFTs, and individual components of the Voxie NFTs (for example but not limited to the colors, flourishes, fonts, images, logos, and any other individual or combined trait or elements) may not be used, modified, or displayed on a standalone basis. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of the Voxie NFTs generally, provided that the marketplace cryptographically verifies each Voxie NFT’s owner’s rights to display the Voxie NFTs to ensure that only the actual owner can display the Voxie NFT; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of the Voxie NFTs generally, provided that the third party website or application cryptographically verifies each Voxie NFT’s owner’s rights to display the Voxie NFTs to ensure that only the actual owner can display the Voxie NFTs, and provided that the Voxie NFTs are no longer visible once the owner of the Voxie NFTs leaves the website/application; or (iii) earning revenue from any of the foregoing.

  • 2.4. Reservation of Rights. AlwaysGeeky reserves all rights in and to the Services, Voxie NFTs, and VOXEL Tokens not expressly granted to you under these Terms of Use.

  • 2.5. License Termination. Access to the Services and the licenses granted to you hereunder shall automatically terminate and all rights shall return to AlwaysGeeky if: (i) at any time you sell, trade, donate, give away, transfer, burn, or otherwise dispose of your Voxie NFTs for any reason; (ii) you breach this Agreement; (iii) you have a trustee, receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition of bankruptcy; (iv) you engage in any unlawful business practice related to the Voxie NFTs or Services; or (iv) you initiate any legal actions against the AlwaysGeeky Parties.

  • 2.6. User Registration. Subject to these Terms of Use, you may be required to register to access the Services. AlwaysGeeky reserves the right to remove, reclaim or change a username you select if AlwaysGeeky determines, in its sole discretion, that such username is inappropriate, obscene or otherwise objectionable.

  • 2.7. Transactions. Transactions that take place using the Services are confirmed and managed via the Networks. If you elect to purchase, trade, or sell Voxie NFTs or VOXEL Tokens with or from other users via the Services, any financial transaction that you engage in will be conducted solely through the Networks via Wallet providers. AlwaysGeeky will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. You understand that your Wallet public address will be made publicly visible whenever you engage in a transaction using the Services.

  • 2.8. Applicable Laws. You are solely responsible for determining what, if any, Applicable Laws apply to your use of the Services. AlwaysGeeky is not responsible for determining the laws that apply to your place of residence or any other applicable jurisdiction. Without limiting the generality of the foregoing, if you reside in a jurisdiction where online gambling is banned (such as Canada, the United States of America, China and South Korea) you must refrain from accessing Content which includes online gambling.

  • 2.9. Fees. By using the Services, you agree to pay all applicable fees, including gas fees. If you sell or dispose your Voxie NFTs via the Marketplace or a Third-Party Service, such transaction may be subject to a Transaction Fee, which Transaction Fee may be automatically deducted from the sale proceeds you receive for your Voxie NFTs. All Transaction Fees are applied to the final sale price of the Voxie NFTs and are collected and distributed to AlwaysGeeky at the time of sale through Smart Contracts on the Network. Any attempt to circumvent the payment of Transaction Fees or use of a Third-Party Service that does not honor a required Transaction Fee may be deemed in material breach of these Terms of Use and AlwaysGeeky reserves the right to terminate these Terms of Use, your access to the Services, or any licenses granted hereunder .

  • 2.10. Updates. You acknowledge and agree that blockchain technologies are ever-evolving and advancing and that AlwaysGeeky may update or change the nature of the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

  • 2.11. Necessary Equipment and Software. In order to use the Services and access certain of its features, you may need a Wallet that is supported by or compatible with the Services. You must provide all equipment, software, and hardware necessary to connect to the Services. You are solely responsible for any fees, including Internet connection, that you incur when accessing the Services. You are solely responsible for keeping your hardware devices secure. AlwaysGeeky will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid transfer initiated using the Services.

  • 2.12. Marketplace and Third-Party Services. AlwaysGeeky is not party to any agreement between any users or Third-Party Services. You bear full responsibility for verifying the identity, legitimacy, availability, functionality, and authenticity of Voxie NFTs or Voxel Tokens that you purchase or acquire from third-parties using (i) the Services or Marketplace or (ii) any other Third-Party Services. AlwaysGeeky makes no claims about the identity, legitimacy, availability, functionality, or authenticity of other users or Voxie NFTs, any Content associated with such Voxie NFTs, or Third-Party Services. AlwaysGeeky cannot guarantee that any Voxie NFTs or VOXEL Tokens will always remain visible and/or available to be bought, sold, or transferred. AlwaysGeeky is not liable for any loss incurred by you in connection with any transaction that takes place on the Marketplace or on any other Third-Party sites Services.

  • 2.13. Third-Party Services Terms. The Services may contain or in some cases, integrate with AlwaysGeeky’s Services, certain Third-Party Services. When you click on a link to access or use a Third-Party Service, AlwaysGeeky will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. You may be required to agree to Third-Party Services’ terms of service and/or privacy policy to use the Third-Party Services when acquiring, transferring, or disposing Voxie NFTs or Voxel Tokens. Such Third-Party Services are not under the control of AlwaysGeeky. AlwaysGeeky does not endorse or assume any responsibility for any such Third-Party Services. AlwaysGeeky will not be liable in any way for the acts or omissions of third-parties, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such Third-Party Services. AlwaysGeeky provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave the Services, these Terms of Use and its policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You expressly relieve AlwaysGeeky of any and all liability arising from your use of any such Third-Party Service.

  • 2.13. Merchandise Site. You acknowledge and agree that all payment transactions, shipping and returns, and data collection processed through the Merchandise Site will be handled and processed by Rowie, Inc. You expressly relieve AlwaysGeeky of any and all liability arising from your use of the Merchandise Site. We utilize Rowie, Inc. to facilitate the collection, storage, and transmission of any information provided via the Merchandise Site. At no point do we have access to such information and such information is not stored by us.

  • 2.14. User Disputes. If there is a dispute between you and any other user or users of the Marketplace or a Third-Party Service, you agree that AlwaysGeeky is under no obligation to become involved in such dispute. You hereby release AlwaysGeeky and the AlwaysGeeky’s Parties from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any transactions, agreements, interactions, dealings, and/or communications between you and any other users and/or any resulting disputes. If you are a California resident, you shall hereby waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

  • 2.15. Children. In order to use the Services, you affirm that you are over the age of 13, if you are 13 or older, but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, you agree to review these Terms of Use and the Privacy Policy with your parent or guardian and that your parent or guardian understand and agree to these Terms of Use and the Privacy Policy. As the parent or guardian of the minor over the age of 13, you agree to these Terms of Use and the Privacy Policy. You further agree to and accept full responsibility for that minor’s use of the Services, including all financial charges and legal liability that the minor may occur. It is prohibited to use the Services if you are under the age of 13.

  • 2.16. No Refunds. All purchases and acquisitions of Voxie NFTs or made via the Services, as well as any associated charges, are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Voxie NFTs, any disruption to the operations of any components of the Voxie NFTs, or any other reason whatsoever.

  • 2.18. Representations.

    • 2.18.1 Canada. You represent that you are not a person barred from using the Services under the laws of Canada, your place of residence, or any other applicable jurisdiction. Specifically, you represent that you are not located in, organized in, or a resident of Cuba, Iran, Syria, North Korea, Russia, the Crimea region, Venezuela, or any other jurisdiction where Applicable Law prohibits you from accessing or using the Services. You are responsible for all activities that occur during your use of the Services. You agree that you shall monitor your use of the Services to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You assume liabilities resulting from the minor’s use of the Services, including the transmission of content or information to and from third parties via the Internet.
    • 2.18.2 International. You represent that you are not listed, or associated with any person or entity being listed, on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, or the Swiss SECO’s Overall List of Sanctioned Individuals, Entities and Organizations.

3. OWNERSHIP

  • 3.1. Ownership of the Voxie NFTs. Ownership of the Voxie NFT is mediated entirely by the Smart Contracts and the Networks. At no point may AlwaysGeeky seize, freeze, or otherwise modify the ownership of any Voxie NFT.

  • 3.2. Intellectual Property Rights. You acknowledge and agree that AlwaysGeeky and/or its licensors own all intellectual property rights in and to the Services. You acknowledge and agree that the Services are licensed, not sold, and that except as expressly stated herein, these Terms of Use do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services. All Content and Marks contained therein are owned, controlled by, used or licensed to AlwaysGeeky, and are protected by copyright and trademark laws and various other intellectual property rights laws. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.

  • 3.3. Copies. Except as expressly provided in these Terms of Use, no part of AlwaysGeeky’s Services, Contents and Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any personal purpose whatsoever, without AlwaysGeeky’s express prior written permission.

  • 3.4. Open-Source Software. You acknowledge that the Services may use, incorporate or link to certain Open-Source Software and that your use of the Services is subject to, and you will comply with any, applicable Open-Source Software licenses. Each item of Open-Source Software is licensed under the terms of the end-user license that accompanies such Open-Source Software. Nothing in the present Terms of Use shall limit your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open-Source Software. If required by any license for particular Open-Source Software, AlwaysGeeky shall make such Open-Source Software, and AlwaysGeeky’s modifications thereto, available by written request at the notice email specified below.

  • 3.5. Feedback. You agree that submission of Feedback by you to AlwaysGeeky is non-confidential and will become AlwaysGeeky’s sole property. You agree that submission of Feedback is at your own risk and that AlwaysGeeky has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to AlwaysGeeky a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, for any purpose.

4. USER CONDUCT

  • 4.1. You agree that you are solely responsible for your conduct in connection with the Services. Any unauthorized use of the Services automatically terminates the licenses granted to you by AlwaysGeeky pursuant to these Terms of Use. You agree to use the Services only for purposes that are legal, proper and in accordance with this Agreement and any Applicable Laws or regulations. By way of example, and not as a limitation, you may not (and will not attempt to), and may not allow any third party acting on your behalf to:

    • 4.1.1. provide false or misleading information to AlwaysGeeky;

    • 4.1.2. use the Voxie NFTs to advertise, market, or sell any third-party product or service, except as expressly permitted in these Terms of Use;

    • 4.1.3. use the Voxie NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of other;

    • 4.1.4. sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Voxie NFTs, except as expressly permitted in these Terms of Use;

    • 4.1.5. use or attempt to use another Registered User’s Wallet without authorization from such Registered User;

    • 4.1.6. pose as another person or entity;

    • 4.1.7. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Registered Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

    • 4.1.8. develop, utilize, or disseminate any software, or interact with any Smart Contract in any manner, that could damage, harm, or impair the Services;

    • 4.1.9. bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;

    • 4.1.10. attempt to circumvent any content-filtering techniques AlwaysGeeky employs;

    • 4.1.11. use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by AlwaysGeeky to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;

    • 4.1.12. collect or harvest data from the Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities;

    • 4.1.13. mislead to obtain other Registered Users credentials and passwords;

    • 4.1.14. use data collected from the Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

    • 4.1.15. bypass or ignore instructions that control all automated access to the Services;

    • 4.1.16. use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any Applicable Law or these Terms of Use;

    • 4.1.17. use the Services to buy, sell, or transfer stolen, fraudulently obtained Voxie NFTs, Voxie NFTs taken without authorization, and any other illegally obtained Voxie NFTs;

    • 4.1.18. carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing;

    • 4.1.19. deliberately engage in activities designed to adversely affect the performance of the Services;

    • 4.1.20. upload, post, e-mail, transmit or otherwise make available through the Services any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;

    • 4.1.21. attempt to access any Wallet that you do not have the legal authority to access; or

    • 4.1.22. engage in any practice that aims to manipulate the outcome of any game.

5. INVESTIGATIONS

  • 5.1. AlwaysGeeky may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, AlwaysGeeky shall have the right, in its sole discretion, to remove any of your User Content for any reason (or no reason), including if such Content violates these Terms of Use or any Applicable Law. If AlwaysGeeky becomes aware of any possible violations by you of any provision of these Terms of Use, AlwaysGeeky reserves the right to investigate such violations, and AlwaysGeeky may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove your User Content, in whole or in part, without prior notice to you.

6. ASSUMPTION OF RISK

  • 6.1. Network Risk. In order to be successfully completed, any transaction involving Digital Assets initiated by or sent to your Wallet must be confirmed by and recorded on the Network supporting such Digital Asset. The Services rely on emerging technologies which involve a high degree of risk. AlwaysGeeky has no control over any Network and therefore cannot and does not ensure that any transaction details that you submit or receive via the Services will be validated by or confirmed on the relevant Network and does not have the ability to facilitate any cancellation or modification requests.

  • 6.2. Acceptance and Acknowledgement. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of authorized and unauthorized access to your Wallet, to the maximum permitted by law.

  • 6.3. Other Acceptances. You accept and acknowledge that:

    • 6.3.1. You are aware that prices of Digital Assets are extremely volatile and fluctuations in the prices of other NFTs and/or cryptocurrencies may impact the price of your Digital Assets. NFTs have no extrinsic value and should NOT be considered an investment. NFTs may become worthless or obsolete. AlwaysGeeky cannot guarantee that Voxie NFTs or VOXEL Tokens will retain their original value, as their value is inherently subjective and factors occurring outside of the Services may materially impact the value and desirability of any particular Digital Asset. AlwaysGeeky makes absolutely no promise or guarantee that Voxie NFTs will be worth anything more than what you and the market deem the art to be worth. This could very well be zero. Any future benefits are incidental and you agree that you are not relying on any future commitments by AlwaysGeeky.

    • 6.3.2. The Services may contain a Roadmap. The Roadmap is merely suggestive and there are no guarantees that any milestones listed in the Roadmap will be fulfilled, nor are there any guarantees that such milestones will be accomplished by any indicated dates. AlwaysGeeky may delay, defer, or choose not to implement certain milestones on the Roadmap, in AlwaysGeeky’s sole and absolute discretion and without any recourse to you. You recognize the Services remain in “beta” and that the blockchain industry and regulatory landscape is unsettled and constantly evolving and that certain milestones may become unfeasible or undesirable to implement.

    • 6.3.3. You have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet.

    • 6.3.4. You are financially and technically sophisticated enough to understand the inherent risks associated with using cryptocurrency and blockchain-based systems and upgrading your software and processes to accommodate protocol updates, and that you have a working knowledge of the usage and intricacies of Digital Assets, and in particular, you understand that blockchain-based transactions are irreversible.

    • 6.3.5. You further understand and accept that Digital Assets present market risk, technical software risks, regulatory risks, and cybersecurity risks. You understand that the cost and speed of a blockchain-based system is variable, that cost may increase dramatically at any time, and that cost and speed is not within the capability of AlwaysGeeky to control. You understand that protocol upgrades may inadvertently contain bugs or security vulnerabilities that may result in loss of functionality and ultimately funds. AlwaysGeeky makes no warranties as to the markets in which Digital Assets are transferred, purchased, or traded.

    • 6.3.6. You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Smart Contracts, Digital Assets and the Services, which could result in the theft or loss of your Digital Assets, among other potential consequences. By using the Services you acknowledge and agree to undertake these risks.

    • 6.3.7. You understand that AlwaysGeeky, Digital Assets and the Networks could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Services or the Networks.

    • 6.3.8. The regulatory regime governing the Networks and Digital Assets is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of Digital Assets.

    • 6.3.9. You are solely responsible for determining what, if any, taxes apply to your transactions of Digital Assets. AlwaysGeeky is not responsible for determining the taxes that apply to Digital Assets transactions. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes that may apply on AlwaysGeeky’s net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services (including, without limitation, any taxes that may become payable as the result of your ownership, or transfer of Digital Assets, and any activity conducted by you when using the Services). Except for income taxes levied on AlwaysGeeky, you: (i) will pay or reimburse AlwaysGeeky for all national, federal, provincial, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to AlwaysGeeky pursuant to these Terms of Use.

    • 6.3.10. You understand and accept that AlwaysGeeky does not control any blockchain protocol, nor does AlwaysGeeky control any Smart Contract that is not otherwise offered by AlwaysGeeky as part of the Services. You agree that you alone, and not AlwaysGeeky, is responsible for any transactions that you engage in with regard to supporting any blockchain protocol, or any transactions that you engage in with any third-party-developed Smart Contract or token, including Digital Assets that were created by a third party for the purpose of fraudulently misrepresenting affiliation with any blockchain project. You agree that AlwaysGeeky is not responsible for the regulatory status or treatment of any Digital Assets that you may access or transact with using the Services. You expressly assume full responsibility for all of the risks of accessing and using the Services to interact with blockchain protocols.

    • 6.3.11. AlwaysGeeky does not store, send, or receive Digital Assets, with the exception of Digital Assets received in payment or fees for the Services. This is because Digital Assets exist only by virtue of the ownership record maintained on its supporting Network, and so any transfer of Digital Assets occurs within the supporting Network and not in the Services. The transaction details you submit via the Services may not be completed, or may be substantially delayed, as a result of activity or lack thereof on the Network used to process the transaction. Once transaction details have been submitted through your Wallet, AlwaysGeeky cannot assist you to cancel or otherwise modify your transaction or transaction details. AlwaysGeeky makes no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any Digital Asset.

    • 6.3.12. There are risks associated with using an Internet based currency such as VOXEL Tokens, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on Smart Contracts with bugs, and assets that may become untransferable. You accept and acknowledge that AlwaysGeeky will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using the Networks, however caused.

    • 6.3.13. AlwaysGeeky makes no guarantee as to the functionality of any Network’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain Digital Assets. You acknowledge and accept that the protocols governing the operation of a Network may be subject to sudden changes in operating rules which may materially alter the Network and affect the value of Digital Assets supported by that Network.

    • 6.3.14. AlwaysGeeky makes no guarantee as to the security of any Network. AlwaysGeeky is not liable for any hacks, double spending, stolen Digital Assets, or any other attacks on a Network.

    • 6.3.15. The Services rely on, and AlwaysGeeky makes no guarantee or warranties as to the functionality of or access to, any third-party Wallet and third-party service provider to perform any transactions.

    • 6.3.16. Nothing pertaining to your participation in the Services is intended to be an offering of securities in any jurisdiction nor does it constitute an offer to purchase shares, securities, or other financial products. It remains your sole responsibility to assure that the purchase or acquisition of a Digital Asset is in compliance with laws and regulations in your jurisdiction.

7. INDEMNIFICATION AND RELEASE

  • 7.1. You agree to indemnify, defend, and hold harmless the AlwaysGeeky’s Parties from any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of any and all of the following: (a) your User Content; (b) your use of, or inability to use, any of the Services; (c) your violation of these Terms of Use; (d) your violation of any rights of another party, including any Registered Users, or any intellectual property rights; or (e) your violation of any Applicable Laws, rules or regulations. AlwaysGeeky reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AlwaysGeeky in asserting any available defenses. This provision does not require you to indemnify any of AlwaysGeeky’s Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of these Terms of Use and/or your access to the Services.

8. DISCLAIMER OF WARRANTIES AND CONDITIONS

  • 8.1. AS IS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALWAYSGEEKY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. ALWAYSGEEKY MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATION AND OTHER DISRUPTIONS. ALWAYSGEEKY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALWAYSGEEKY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  • 8.2. NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT ALWAYSGEEKY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ALWAYSGEEKY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. ALWAYSGEEKY MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ALWAYSGEEKY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OR ANY CONNECTED CONTENT OBTAINED THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ALWAYSGEEKY HAS MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. ALWAYSGEEKY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS. ALWAYSGEEKY WILL NOT BE RESPONSIBLE FOR THE LOSS OF ANY DIGITAL ASSETS IN THE EVENT THE SERVICES ARE COMPROMISED. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR TAKING DILIGENT STEPS TO INDEPENDENTLY VERIFY THE LEGITIMACY OF HYPERLINKS OR OTHER COMMUNICATIONS BEFORE CLICKING OR LINKING YOUR CRYPTOCURRENCY WALLET.

  • 8.3. NO WARRANTY ON RECORDS. VOXIE NFTS AND VOXEL TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE NETWORKS. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE NETWORKS. ALWAYSGEEKY HAS NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS. ALWAYSGEEKY MAKES NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER OR SELL VOXIE NFTS OR VOXEL TOKENS.

  • 8.4. No Advice. AlwaysGeeky makes no representation or warranty, express or implied, to the extent not prohibited by Applicable Law, regarding the advisability of purchasing of Digital Assets, securities, funds, commodity interests, partnership interests or other investments or funding or purchasing loans. The past performance of any investment, Digital Asset, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance. AlwaysGeeky does not offer fiduciary services and is not your agent, advisor or fiduciary.

  • 8.5. No Obligations. Notwithstanding anything to the contrary in these Terms of Use, AlwaysGeeky shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to (a) the ownership, validity or genuineness of any Digital Asset; (b) the collectability, insurability, effectiveness, marketability or suitability of any Digital Asset; or (c) any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond AlwaysGeeky’s control, including without limitation the failure of a Network, or of a third-party service provider.

9. LIMITATION OF LIABILITY

  • 9.1. DISCLAIMERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALWAYSGEEKY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, GOODWILL, AND PROFITS, PROPERTY DAMAGE OR OTHER TANGIBLE OR INTANGIBLE LOSSES, INCLUDING ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOU OR YOUR INABILITY TO USE THE SERVICES AND INTEGRATED THIRD-PARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF THE SERVICES OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF ALWAYSGEEKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM : (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF ALWAYSGEEKY FOR ANY DAMAGES CAUSED BY ALWAYSGEEKY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

  • 9.2. CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALWAYSGEEKY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ALWAYSGEEKY FOR THE SERVICES IN THE TWELVE (12) MONTHS PERIOD PRECEDING THIS APPLICABLE CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO ALWAYSGEEKY FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ALWAYSGEEKY, REGARDLESS OF THE CAUSE OF ACTION.

  • 9.3. EXCLUSION OF DAMAGES. CERTAIN STATES, PROVINCES, COUNTRIES OR OTHER GOVERNMENTAL JURISDICTION DO NOT ALLOW 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 MIGHT HAVE ADDITIONAL RIGHTS.

  • 9.4. BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALWAYSGEEKY AND YOU.

10. TERM AND TERMINATION

  • 10.1. Term. These Terms of Use commence and remain in full force and effect while you use the Services.

  • 10.2. Termination of Services by AlwaysGeeky. Without limiting any other provision of these Terms of Use, AlwaysGeeky reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Services, including but not limited to blocking certain IP addresses, to any person for any reason or for no reason, including without limitation for breach of any of the terms and conditions set forth in these Terms of Use or any Applicable Law or regulation. AlwaysGeeky may terminate your use or participation in the Services or delete your account without warning, in its sole discretion.

  • 10.3. Termination of Services by You. If you want to terminate the Services provided by AlwaysGeeky, you may do so by ceasing your use of the Services.

  • 10.4. No Subsequent Use. If your ability to access the Services is discontinued by AlwaysGeeky, then you agree that you shall not attempt to access the Services through use of a different Wallet or otherwise. In the event that you violate the immediately preceding sentence, AlwaysGeeky reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

11. DISPUTE RESOLUTION

PLEASE READ THIS ARBITRATION TERMS OF USE CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTE WITH ALWAYSGEEKY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ALWAYSGEEKY. THIS SECTION 11 IS REFERENCED HERETO AS AN “ARBITRATION AGREEMENT”.

  • 11.1. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services or to any aspect of your relationship with AlwaysGeeky will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or AlwaysGeeky may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms of Use or any prior version of these Terms of Use.

  • 11.2. Arbitration Rules and Seat of Arbitration. You agree that the seat of arbitration is Montreal, and the arbitration tribunal will be composed of one (1) arbitrator chosen by AlwaysGeeky. Either party may commence a binding arbitration in accordance with the Code of Civil Procedure (Quebec), or other forum mutually agreed upon by the parties.

  • 11.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement to be void or voidable. The arbitration will decide the rights and liabilities, if any, of you and AlwaysGeeky. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator cannot act as an amicable composer and will have to decide the dispute according to the rules of law. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under Applicable Law, the arbitral forum’s rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and AlwaysGeeky.

  • 11.4. Waiver of Jury Trial. YOU AND ALWAYSGEEKY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and AlwaysGeeky are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 11.1 (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

  • 11.5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that Applicable Law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts located in Montreal in the Province of Quebec. All other disputes, claims, or requests for relief shall be arbitrated.

  • 11.6. Severability. Except as provided in Section 11.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

  • 11.7. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with AlwaysGeeky.

12. MISCELLANEOUS

  • 12.1. Assignment. These Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without AlwaysGeeky’s prior consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

  • 12.2. Copyright Infringement. If you believe that any contributions of other users violates your copyright, please submit a notification to media@alwaysgeekygames.com for instructions on sending AlwaysGeeky a notice of copyright infringement. It is the policy of AlwaysGeeky to terminate the user accounts of repeat infringers.

  • 12.3. Export Control. You may not use, export, import, or transfer the Services except as authorized under the laws of the province of Quebec and the federal laws of Canada, the laws of the jurisdiction in which you obtained the Services, and any other Applicable Laws.

  • 12.4. Force Majeure. AlwaysGeeky shall not be liable or deemed in breach of these Terms of Use if AlwaysGeeky has any delay or failure to perform the Services or any portion of thereof from causes beyond AlwaysGeeky’s control, including, but not limited to, acts of God or public enemy, fires, earthquakes, pandemics, labor disputes, wars, terrorism, riots, embargos, acts of civil or military authorities, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or any local, provincial, federal or international law, governmental order or regulation or any other event.

  • 12.5. GOVERNING LAW. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE PROVINCE OF QUEBEC, CONSISTENT WITH THE CODE OF CIVIL PROCEDURE (QUEBEC), AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS OR THE CONFLICT OF LAW PROVISIONS OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS OF USE.

  • 12.6. Language. You agree that all communications and notices made or given pursuant to these Terms of Use and the Privacy Policy must be in the English language. Vous acceptez que toute communication ou avis effectué ou envoyé en vertu de ces conditions d’utilisation et de la politique de vie privée soit faite en langue anglaise. If AlwaysGeeky provides a translation of the English language version of these Terms of Use, the English language version of these Terms of Use will prevail if there is any conflict.

  • 12.7. Notice. You may give notice to AlwaysGeeky under these Terms of Use by email to media@alwaysgeekygames.com.

  • 12.8. Severability. Whenever possible, each provision of these Terms of Use shall be interpreted in such manner as to be effective and valid under Applicable Law, but if any provision of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision and shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties.

  • 12.9. Survival. Any sections of these Terms of Use which expressly survive termination of these Terms of Use, or which, by their nature, should reasonably survive termination of these Terms of Use, shall survive termination. Without limiting the generality of the foregoing, the terms contained in Sections 7, 8, 9 and 11 shall survive termination of these Terms of Use.

  • 12.10. No Waiver. A delay or failure by either party to exercise any right or partial right shall not be deemed to constitute a waiver of any such right or any other rights hereunder. A consent or waiver by either party to a failure of any express or implied term of these Terms of Use on one occasion will not be deemed a waiver of any other provision or such provision to any subsequent failure.

  • 12.11. Entire Agreement. These Terms of Use, together with any webpages, documents or policies incorporated into these Terms of Use by reference, including the Privacy Policy, constitute the entire agreement and understanding between you and AlwaysGeeky relating to the matters contemplated by these Terms of Use and supersede any and all prior or contemporaneous written and oral agreements, negotiations, representations, commitments, writings, communications and other understandings (if any) relating to the subject matter of the terms.

  • 12.12. Release. You hereby release AlwaysGeeky and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of third-party websites of any kind arising in connection with or as a result of these Terms of Use or your use of the Services.

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