Last Updated: December 9, 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITES AND SERVICES.
These Terms and Conditions of Use (“Terms”) are intended to constitute a binding agreement that conditions your use of the of Arlene, Inc.’s websites (together with its subsidiaries and affiliates, “Arlene”, “we”, “us” and “our”), including arlene.io and webXR.tools (the “Sites”).
By using the Sites, you acknowledge that you have read these Terms and you agree to be bound by them without limitation or qualification. If you do not agree to these Terms, do not use the Sites. Our Privacy Notice, located at arlene.io and webxr.tools, constitutes part of these Terms and is hereby incorporated by reference. Arlene reserves the right, at our discretion, to change these Terms at any time without prior notice, except where such prior notice may be required by law or regulation with respect to our Privacy Notice. The revised Terms will become effective at the time of posting, and any use of the Sites after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, do not continue to use the Sites or services. We recommend users review these Terms periodically for any such changes.
Arlene will not treat users of the Sites as its clients by virtue of their accessing the Sites. Nothing contained in these Terms is intended to modify any other written agreement you may have with Arlene, that may be in effect. In the event of any inconsistency between these Terms and any other written agreements with Arlene, the terms of the other written agreements shall control. Additional terms and conditions of use may be applicable to password-restricted areas of the Sites.
Disclaimer and Limitation of Liability
YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARLENE EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARLENE MAKES NO WARRANTY NOR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY FOR WHETHER THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. ARLENE DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ARLENE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED IN CONTENT CREATED IN CONNECTION WITH ARLENE’S PRODUCTS OR SERVICES. WHILE ARLENE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF
THE SITES SAFE, ARLENE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY DIGITAL GOODS SUCH AS NFTS, OR ANY DIGITAL GOODS YOU INTERACT WITH USING THE SITES OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER OBTAINED FROM ARLENE OR THROUGH THE SITES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD ARLENE RESPONSIBLE FOR ANY BREACH OF SECURITY.
NO ARLENE PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE, BLOCKCHAINS OR ANY OTHER FEATURES OF NFTS OR OTHER DIGITAL GOODS. NO ARLENE PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING DIGITAL GOODS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL ARLENE OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SITES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ARLENE OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SITES. ACCESS TO, AND USE OF, THE SITES, OUR PRODUCTS AND SERVICES OR THIRD-PARTY SITES, PRODUCTS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ARLENE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SITES, CONTENT, OR ANY ARLENE PRODUCTS OR SERVICES EXCEED THE AMOUNT RECEIVED BY ARLENE FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, some jurisdictions limit disclaimers or limitations of liability for personal injury from consumer products, as such this limitation may not apply to certain personal injury claims.
Restrictions on the Use of the Sites and Site Materials
By accessing the Sites, you are hereby granted a limited, revocable, non-exclusive, non-sublicensable, personal license to access and use the Sites for your informational purposes only. This license is subject to your compliance with these Terms, the Privacy Notice and all other posted terms and conditions on the Sites. You may not reproduce, publicly perform, publicly display or distribute any information or materials available on the Sites except as otherwise expressly authorized on the Sites. Nor may you copy, modify or make any derivative works of the Sites or the information or materials available on the Sites, in whole or in part. This license will terminate immediately upon any unauthorized use of the Sites or any information or materials available on the Sites by you. All rights not expressly granted to you in these Terms are reserved.
You agree not to: (a) “flood,” “spam,” “mailbomb” or overload any of the Sites or otherwise take any action that may result in damage, impairment or overload of any of the Sites’ infrastructure; (b) use any device, software or routine to attempt to interfere with any of the Sites’ functionality or appearance; (c) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search any of the Sites to harvest, extract or collect information from the Sites; (d) attempt to decompile, disassemble or reverse-engineer any of the Sites’ source code or software; (e) impersonate any person or entity or create a user account for anyone other than yourself; (f) create another user account without permission if Arlene has suspended or terminated your user account; (g) use the Sites to violate any applicable laws or regulations, or the rights of any person or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (h) assist or encourage violations of these Terms, the Privacy Notice or applicable laws or regulations; (i) use any hidden text or metatags using “Arlene” or any of our trademarks, service marks or names without our prior written consent; or, (j) violate or attempt to violate the security of any of the Sites (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of any of the Sites’ authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network).
If you violate any part of these Terms, your permission to access or use the Sites and content of the Sites automatically terminates and you must immediately destroy any copies of such content in your possession or control. We reserve the right, in our sole discretion and without notice to you, to terminate or suspend your user account and your license to use the Sites and prevent your future access to and use of the Sites.
These Terms and your access to and use of the Sites shall be governed by and construed and enforced in accordance with the laws of New York (without regard to conflict of law rules or principles or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Neither Arlene nor any of its affiliates make any representation that materials in or accessible through the Sites are appropriate or available for use in other locations or that access to them where their content is located is not illegal or prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. The information provided in or accessible through the Sites is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Arlene and/or its affiliates to any registration or other requirement within such jurisdiction or country.
You are solely responsible for your use of our products and services and for any information you provide in connection with them, including compliance with applicable laws, rules, and regulations, as well as these Terms.
Information and materials, including, without limitation, trademarks, images, illustrations, designs, icons, photographs, video clips, software, and written and other materials, that are part of the Sites that are owned, controlled or licensed by Arlene and/or its affiliates may not be distributed, modified, transmitted, reused, reposted, or used for public or commercial purposes without Arlene’s express written permission. Modification, reverse-engineering, or use of the information or materials for any other purpose may violate the copyright, trademark and other intellectual property rights of Arlene, its affiliates, and/or the applicable rightholder(s).
By using our products and services in conjunction with creating, submitting, posting, promoting, or displaying content, you represent that you are authorized to do so, and grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any such content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Sites for our current and future business purposes, including to provide, promote, and improve our products and services. This includes any digital file, art, or other material linked to or associated with any digital goods, such as NFTs, that are displayed on the Sites. Arlene does not claim that submitting, posting, or displaying this content on or through the Sites gives Arlene ownership of that content.
Arlene is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, use, or display on or through our products and services. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant Arlene the license described above, and that the content does not violate any laws.
Arlene will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a customer’s access to our products and/or services if the customer is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please submit written notice to:
249 Smith Street #129
Brooklyn, NY, 11231
For us to process your infringement claim regarding content on the Sites, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. Your notice must include:
- Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
- Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (e.g., URLs) on the Sites of the material claimed to be infringing, so that we may locate the material;
- Your contact information – at a minimum, your full legal name (not pseudonym) and email address;
- A declaration that contains all of the following:
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement that the information in the notice is accurate; and
- A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
- Your physical or electronic signature (of your full legal name).
Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on the Sites and can also contact you to resolve any dispute.
Electronic communications can be intercepted by third parties. Any communications to Arlene should be sent to the contact information provided in the “Contact Us” section of the Sites. If you do provide any feedback, suggestions, ideas, know-how or other information (“Feedback”) to Arlene via the Sites or otherwise, you hereby assign to Arlene all rights in the Feedback and agree that Arlene may use such Feedback for any purpose without compensation to you. Arlene will treat all Feedback as non-confidential and non-proprietary, and you agree that you will not submit to Arlene any information considered to be confidential or proprietary. You hereby represent and warrant that any Feedback you submit to us is either your original content or that you have obtained all necessary rights to your Feedback, including the right to authorize us to use it as set forth in these Terms.
Password Security and Notification
Access to certain parts of the Sites requires a login. If you have a username and password for access to non-public areas of the Sites, you are solely responsible for all activities that occur in connection with your login credentials, and you agree that you will submit complete and accurate registration information as requested by the Sites’ registration forms and maintain the accuracy of this information by promptly updating your registration information with any changes. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify Arlene immediately if you become aware of any disclosure, loss, theft or unauthorized use of your login credentials. Arlene is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.
Links to Other Websites and Services
Arlene does not review or monitor any website linked from or to the Sites and is not responsible for the content of any such linked websites. If you decide to access linked websites, you do so at your sole risk. Neither Arlene nor any of its affiliates are responsible for the information, materials, products or services obtained on or from such other websites, nor will Arlene or any of its affiliates be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Sites and the inclusion of these links does not imply an endorsement, representation or warranty by Arlene or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your own websites nor any third-party websites to the Sites without the express prior written consent of Arlene. Arlene reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Sites.
No waiver by Arlene or any of its affiliates of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.
Governing Law and Consent to Jurisdiction
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITES SHALL BE COMMENCED ONLY IN NEW YORK STATE COURTS LOCATED IN UNITED STATES OF AMERICA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Privacy Notice and other posted policies on the Sites, together represent the entire agreement between Arlene, on the one hand, and you, on the other, relating to the subject matter hereof. We may assign the Sites and our rights and duties under these Terms, the Privacy Notice and other posted policies in connection with any reorganization, change of control or asset sale in our sole discretion. No course of conduct or trade practice will be deemed to modify these Terms in any respect.