Terms of use and Privacy Policy
Platform Terms of Use
Eggschain, INC
Last Modified: February, 2022
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Eggschain, Inc. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents incorporated by reference (collectively, “Terms of Use”), govern your access to and use of the Eggschain website located at www.eggschain.com, and including any content, functionality, and services offered on or through www.eggschain.com, any Mobile Apps (as defined below), and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Platform”), whether as a guest or a registered user.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE PLATFORM. BY USING THE PLATFORM OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT [PRIVACY POLICY URL], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM.
THE TERMS OF USE REQUIRE FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OF USE, OR YOUR ACCESS TO OR USE OF THE PLATFROM, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF USE, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION TITLED “BINDING ARBITRATION AND CLASS ACTION WAIVER” CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
This Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Platform; Mobile Apps and Account Security
Subject to and conditioned on your compliance with the Terms of Use, Company hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Platform only for your personal, non-commercial use . Your access to and use of the Platform must further comply in all material respects with all usage guidelines posted by Company.
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Platform.
· Ensuring that all persons who access the Platform through your internet connection and/or account are aware of these Terms of Use and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Company may make available mobile software applications for access to and use of certain components of the Platform (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by these Terms of Use. If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”), your use of such iOS Mobile App is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service. The Terms of Use is between you and Company only, and not with Apple Inc. (“Apple”) or any other app store provider, and Apple is not responsible for iOS Mobile Apps and the contents thereof; however, Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use with respect to iOS Mobile Apps.
Intellectual Property Rights
The Platform provided to you hereunder or available to you through the Platform are licensed, not sold, and Company retains and reserves all rights not expressly granted in these Terms of Use. You acknowledge and agree that the Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, Mobile Apps, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from the Platform.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You grant Company and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Platform. You acknowledge and agree that the technical processing and transmission of data associated with the Platform, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.
Trademarks
The name, logo, related terms, product and service names, designs, and slogans (collectively, the “Marks”) are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Company. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Company’s benefit. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Company or users of the Platform, or expose them to liability.
Additionally, you agree not to:
· Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
· Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
· Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Platform.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Platform.
· Use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Platform, except as expressly permitted under these Terms of Use.
· Reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Platform.
· Access the Platform for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Platform.
User Contributions
The Platform may contain, from time to time, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, tools, and other interactive features (collectively, “Interactive Services”) that allow users create, post, submit, publish, display, store, transmit, or otherwise create content or materials that are intended to be shared with other users, or are otherwise of a non-confidential nature (collectively, “User Contributions”) on or through the Platform.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you create through the Platform will be considered non-confidential and non-proprietary. By creating any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you create, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions created by you or any other user of the Platform.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
· Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully 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 Platform. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services (collectively, “Third Party Services”). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that terms and policies are solely between you and the advertiser or other third party. You agree that does not endorse and is not responsible or liable for any issues related to Third Party Services.
Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
General Terms and Conditions Related to NFT Transactions
While using the Platform, you may have the opportunity to earn, purchase, acquire, or otherwise receive non-fungible tokens (“NFT”) minted on certain blockchain networks. NFTs may be acquired during purchase opportunities or other events such as auctions or contests, which Company may make available to you from time to time. Acquisition of NFTs may be subject to additional terms and conditions that are specific to the particular sale, auction, contest, or other event through which they are acquired, including terms of use and privacy policies of third parties, which terms and policies are solely between you and the third party (“NFT Terms”).
NFTs may include or be associated with (i) usage rights for multimedia content in the form of images, audio, video, text, or other forms (“NFT Content”) and (ii) other benefits, such as exclusive access to Eggschain software or features, discounts for Eggschain and/or third party goods and/or services (“NFT Benefit”). Particular NFT Content and NFT Benefits are as described in the applicable NFT Terms.
Any payment made to Company for NFTs is final and non-refundable, and you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Platform.
Subject to your continued compliance with these Terms of Use and any applicable NFT Terms, Company grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT associated with your NFT, solely for your own personal, non-commercial use. You agree that your rights to NFT Content do not place an obligation on Company or any other party to provide you data, files, or other materials that embody the NFT Content. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without Company’s express prior written consent in each case: (a) modify the NFT Content in any way; (b) use the NFT Content to advertise, market, or sell any product or service; (c) use the NFT Content in any way in connection with text, 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 objectionable material, or otherwise infringe upon the rights of others; (d) use the NFT Content in images, movies, videos, or any other forms of media, except to the limited extent that such use is solely for your own personal, non-commercial use; (e) sell, offer to sell, distribute, or otherwise commercialize merchandise that includes, contains, or consists of the NFT Content; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT Content; or (g) otherwise utilize the NFT Content for your or any third party’s commercial benefit.
Your rights associated with any NFT Content or NFT Benefit are subject to your compliance with these Terms of Use and any NFT Terms associated with your acquisition of the corresponding NFT. While you may transfer your NFT to another person, any underlying rights to NFT Content or NFT Benefits associated with your NFT are only transferable with that NFT to the extent that the recipient also accepts these Terms of Use and any NFT Terms, and any licenses granted by these Terms of Use or any NFT Terms will immediately expire upon such a transfer. Further, Company may, at Company’s sole and absolute discretion and for any reason, revoke or modify any NFT Benefit with or without notice to you or any third party.
YOU WAIVE AND HOLD COMPANY AND ANY COMPANY AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM YOUR PURCHASE OF NFT, OR ANY NFT CONTENT OR NFT BENEFITS ASSOCIATED THEREWITH.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR PURCHASE OF NFT, OR USE OF ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, ANY NFT BLOCKCHAIN OR NETWORK, OR ANY ELECTRONIC WALLET.
NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN UNDERLYING BLOCKCHAIN OR NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON DECENTRALIZED LEDGERS WITHIN THOSE NETWORKS. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS OR ANY OTHER ASPECT OF ANY NFT NETWORK.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFT NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFT NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Linking to the Platform and Social Media Features
You may link to portions of the Platform where such functionality is provided, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Platform may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Platform.
· Send emails or other communications with certain content, or links to certain content, on this Platform.
· Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Platform other than the homepage.
· Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policy for such websites.
Geographic Restrictions
We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY, FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE, IN THE LAST 3 MONTHS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, any NFT Terms, or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
Governing Law
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas (Travis county) without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Binding Arbitration and Class Action Waiver
ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THESE TERMS OF USE AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, you and Company may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section titled Binding Arbitration and Class Action Waiver.
If Company implements any material change to this Section titled Binding Arbitration and Class Action Waiver, such change shall not apply to any Claim for which you provided written notice to Company before the implementation of the change.
Force Majeure
Company will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any of these Terms of Use, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labour stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and any applicable NFT Terms constitute the sole and entire agreement between you and Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Your Comments and Concerns
The Platform, including any software applications, websites, or other services, is operated by Eggschain, Inc. and all feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected]
NFT Terms for “First Sperm on Blockchain NFT Auction”
• Eggschain, Inc. (“Eggschain”) has made NFTs available through the “First Sperm on Blockchain NFT Auction” (the “Event”), a description of which is available at:
• Your purchase or receipt of any NFT through the Event is subject to the terms and conditions herein, as well as our Terms of Use, which are located at: (collectively, the “Terms”). Any capitalized term used herein and not defined will be given the meaning ascribed to it in the Terms of Use.
• By purchasing or receiving any NFT through the Event, you hereby accept these Terms and acknowledge that they are a binding contract between you and Eggschain.
• The Event is an auction style sale of an NFT associated with unique NFT Content and NFT Benefits. The highest bid submitted during the auction will receive the NFT, as well as the applicable license for NFT Content, and the right to exercise the NFT Benefits.
• The NFT Benefits include the right to use the Platform and associated third party services, which are each subject to their own terms and conditions, including without limitation, the terms and conditions of Layer Technology located at: https://docs.google.com/document/d/e/2PACX-1vQpEv-EHVkYUPeqWoAfTBNfSOa7ARJeE24xXrws1Fz16YrOIUXCqDnK8t0gMFAztbGz0r5mQhc0fAC3/pub, that must be accepted upon exercising the NFT Benefit, to claim and use the first publicly available spot for sperm to be stored with Eggschain’s blockchain technology. The NFT Benefit may only be exercised in conjunction with storage of sperm by an Eggschain-approved clinic, and must be exercised within 30 days of the auction end date.
• A description of Eggschain’s technology for storing sperm with the blockchain is available at:
• If you are the highest bid at the time that the Event ends, you authorize Eggschain to charge or debit funds using any payment method or other information that you have provided. All payments made in relation to the Event are non-refundable. Upon completion of your payment, Eggschain will effect the transfer of the NFT to you using the electronic wallet or other digital asset information that you provided.
• The patient/consumer/highest bidder will be responsible for the cost of the doctor’s visit, any associated testing related to the sperm collection and the sperm storage fee.
Participating clinics may offer 10% discount on sperm storage only.
PRIVACY POLICY
Your privacy is important to Eggschain Online, Inc. (“Eggschain”). This Eggschain Privacy Policy (“Privacy Policy”) describes how Eggschain may collect, use, store, disclose, and process your personal information, through your access to or use of Eggschain products and services, including those at https://eggschain.com/, www.prealignment.com and related websites, mobile software applications, and other offerings (collectively, the “Solutions”). By using these Solutions, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Solutions. Eggschain may change this Privacy Policy from time to time by posting changes at this URL, with or without additional notification to you. Your continued use of the Solutions following the posting of such changes will be deemed your acceptance of those changes.
Eggschain encourages you to read this Privacy Policy in its entirety, but here are a few key points of our privacy practices:
Privacy Policy Applicability
This Privacy Policy applies when you access the Solutions or share information with Eggschain and may be revised at any time. More
Information We Collect from You
We collect all information that you provide including information you provide via the Solutions, your devices (e.g., computers, smartphones, and tablets), telephone and email, as well as information we receive from partners and through the use of cookies and other such technologies. Eggschain may also use cookies and similar technologies to collect information about your activities on the Solutions. More
How We Use Your Information
We process your personal information only with your consent or as needed to provide you Solutions. We may also use your personal information to comply with legal obligations, operate our business (including advertising), protect the vital interests of you, our customers, or the public, or for other legitimate interests of Eggschain as further described below. More
How We Share Your Information
We share your information with our partners, service providers, contractors, agents and third-party vendors as they need it to fulfill Solutions or other requests you make of Eggschain. We may also share your information to comply with law or for other legitimate interests. More
How We Store and Secure Your Information
Eggschain may store your information in any country where Eggschain or its affiliates, partners, or providers operate facilities, and will retain your information as long as necessary for the purposes outlined in this Privacy Policy. Eggschain takes technological and organizational measures to protect your personal information against loss, theft, and unauthorized access, use, disclosure or modification. More
Accessing and Updating Your Information
You can access, get copies of, delete, change or correct your personal information, or request changes to our use of your personal information by using the contact information below. More
Additional Privacy Information
Eggschain’s databases are located in the United States and you consent to the transfer or your personal information from your location to the United States. The Solutions is not for use by children under the age of 13 years old. You may have additional rights under applicable law. If you have any questions about this privacy policy, please contact us via the information below. More
Privacy Policy Applicability
This Privacy Policy applies when you access the Solutions or share information with Eggschain, as indicated below. By using the Solutions, you consent to this Privacy Policy, which may be updated by us at any time. If you do not consent to this Privacy Policy for any reason, please do not use the Solutions or share your information with us. Please note that this Privacy Policy applies only to the Solutions, and not to any other third-party website linked to or from it, or any third-party website in which Eggschain content or functionality is embedded. We do not control the privacy policies or practices of others.
Information We Collect from You
In general, we receive and collect all information you provide via the Solutions, including through website input fields (including advertisements), phone, email (including email campaigns), web chat, or in other such ways. This includes personal information that can identify or relates to you, including but not limited to your first and last name, telephone number, IP, postal, and email addresses. You have the choice on what information to share and the services you want to engage. You can choose not to provide information to us, but in general some information about you is required in order for you access certain functionality of the Solutions, such as those mentioned above or for tracking your preferences, subscribing to a newsletter, or initiating other such actions.
We also may periodically obtain both personal and non-personal information about you from affiliated entities, partners and other independent third-party sources and will add it to our database of information. For example, we may receive information about your interaction with advertisements on third party websites, including updated postal addresses and demographic information.
We may use cookies, log files, web beacons, device identifiers, advertising identifiers and similar tracking technologies, including those from third-party service providers like Google Analytics, Google Tag Manager, HubSpot, and other cloud-based tools, to automatically collect your preferences, performance data and information about your web usage when you visit the Solutions. For example, we may collect your IP address, device and Internet service provider information, Web browser details and the address of any referring website. This may include collecting geolocation signals from your IP address or device settings to determine your location so that we may operate and personalize the Solutions for you, including to provide more relevant ads and search results. We may also collect information about your online activity, such as pages viewed and interactions with other users. You can learn more about targeted ads and your ability to opt out of receiving interest-based ads at optout.aboutads.info and www.networkadvertising.org/choices. The Solutions are not designed to recognize or respond to “do not track” signals received from browsers. You can control the information collected by such tracking technologies or be alerted when cookies are sent by adjusting the settings on your Internet browser or devices, but such adjustments may affect or disable certain functionality of the Solutions.
When you access or use the Solutions using a mobile device, Eggschain may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (UUID). Device identifiers are small data files or similar data structures stored on or associated with your device that uniquely identify your device. A device identifier may consist of data stored in connection with the device hardware, operating system or other software, or data sent to the device by Eggschain. A device identifier may convey information to Eggschain about how you browse and use the Solutions. A device identifier may remain persistently on your device to enhance your navigation within the Solutions. Some features of the Solutions may not function properly if use or availability of device identifiers is impaired or disabled.
How We Use Your Information
We process your personal information with your consent or as needed to provide you Solutions. We may also use your personal information to comply with legal obligations, operate our business, protect the vital interests of you, our customers, or the public, or for other legitimate interests of Eggschain as described in this Privacy Policy.
More specifically, we may use your personal information to:
• Optimize and improve the Solutions – We continually try to improve the Solutions based on the information and feedback we receive from you, including by optimizing the content on the Solutions.
• Personalize the user experience – We may use your information to measure engagement with the Solutions, and to understand how you and our other users interact with and use the Solutions and other resources we provided.
• Improve customer service – Your information helps us to more effectively develop the Solutions and respond to your support needs.
• Process transactions – We may use the information you provide about yourself to fulfill your requests and orders. We do not share this information with outside parties except to the extent necessary to provide the Solutions and related offerings.
• To send periodic emails – The email address you provide through our contact forms, will be used to send information and updates pertaining to the Solutions. It may also be used to respond to your inquiries or other requests. If you opt in to our mailing list, you may receive emails that include Eggschain news, updates, related product and service information, and marketing material. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may contact us via the contact information below.
How We Share Your Information
We share your information with our partners, service providers, contractors, agents and third party vendors as needed to fulfill Solutions. Please note that our partners may contact you as necessary to obtain additional information about you, facilitate any use of the Solutions, or respond to a request you submit.
Third-party vendors who provide product, services or functions on our behalf may include business analytics companies, customer service vendors, communications service vendors, marketing vendors, and security vendors. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of the Solutions or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect personal information only as needed to perform their functions, may only use personal information consistent with this Privacy Policy and other appropriate confidentiality and security measures, and are not permitted to share or use the information for any other purpose.
We also may share your information:
• In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
• When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, interests, or safety of our company or the Solutions, our customers, or others; or in connection with our Terms of Service and other agreements.
• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, we will attempt to notify you when your personal information will be shared with third parties.
Personal Information You Post in Public Areas. When you post a message in a Eggschain forum, chat room, review, or customer feedback, the information you post may be accessible to other users of the Service and the public. If you post personal information anywhere on the Solutions that is accessible to other users or the public, you are advised that such personal information can be read, collected, used, or disseminated by others and could be used to send you unsolicited information or otherwise. Accordingly, you assume full responsibility for posting such information and agree that Eggschain is not responsible in any way for personal information you choose to post in these public areas.
Non-Personal Information. We may publish, share, distribute, or disclose non-personal information, which may include personal information that has been aggregated with information from other users or otherwise de-identified in a manner that does not allow such data about you to be separated from the aggregate data and identified as originating from you, to third parties, including Eggschain partners, sponsors, and advertisers. Such non-personal information may help Eggschain identify and analyze training, demographic, and psychographic trends and information, and report to third parties how many people saw, visited, or clicked on certain content, areas of the Solutions, ads, or other materials. We may also use such data for research purposes.
How We Store and Secure Your Information
Personal information collected by Eggschain may be stored and processed in your region, in the United States, and in any other country where Eggschain or its affiliates, subsidiaries, or service providers operate facilities. Eggschain will retain your information as long as necessary for the purposes outlined in this Privacy Policy and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection or audit purposes, or as otherwise required by law.
Eggschain takes technological and organizational measures to protect your personal information against loss, theft, and unauthorized access, use, disclosure or modification.
Eggschain complies with applicable data protection laws, including applicable security breach notification requirements.
Accessing and Updating Your Information
To the extent provided by the law of your jurisdiction, you may (i) have the right to access certain personal information we maintain about you, (ii) request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, (iii) request that we update or correct inaccuracies in that information, (iv) object to our use of your personal information, (v) ask us to block or delete your personal information from our database, and (vi) request to download the information you have shared on the Solutions. You may make these requests and any other inquiries about this Privacy Policy by emailing [email protected]. Any such requests are subject to the protection of other individuals’ rights and applicable law. Additionally, to help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.
Additional Privacy Information
Data Transfer. Our databases are currently located in the United States. Eggschain makes no claim that its Solutions is appropriate or lawful for use or access outside the United States. If you access the Solutions from outside the United States, you are consenting to the transfer of your personal information from your location to the United States. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and access to the Solutions. By sending us your information, you further consent to its storage within the United States.
Collection of Data from Children. The Solutions is not directed to children, and you may not use the Solutions or provide any personal information to Eggschain if you are under the age of 13 or if you are not old enough to consent to the processing of your personal information in your country.
Your California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please e-mail us or write to us at the addresses below.
How to Contact Us. You can e-mail us at [email protected]