Get New Voxies Merchandise with VOXEL
Last Updated: January 20, 2023
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.
1.14. “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.
1.19. “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.
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.
2.7. 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.
2.10. 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. 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.”
2.16. 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.
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.
3.5. 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.
4.1.1. provide false or misleading information to AlwaysGeeky;
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;
4.1.5. 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;
4.1.17. 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.
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.
6.3.10. 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.
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.
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.
10.3. 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.
11.2. 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.
11.5. 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.
12.2. Copyright Infringement. If you believe that any contributions of other users violates your copyright, please submit a notification to firstname.lastname@example.org 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.