Terms of Service
Alpha Shares S.A. Terms of Service
1. ACCEPTANCE OF TERMS BY USER
This site is operated by Alpha Shares S.A., a Paraguayan Corporation (together with its affiliates, as applicable, the “PaaS Provider”). This website offers a user interface for the smart contract protocol for different types of digital assets prepared pursuant to community enacted improvement proposals (the “Services”). Some jurisdictions may impose limitations on the use of Services and Users in those jurisdictions should consult with independent legal counsel before using the Services. Using the Services in such jurisdictions is prohibited. By their use, Users acknowledge they understand the risks involved in the website, the Services and the underlying protocol. By using the Services, you accept these Terms and Conditions (“Terms“) and the Services are offered subject to your acceptance, without modification, of all the Terms. The Terms represent a binding contract between you, an individual user, or site visitor, whether personally or on behalf of an entity, the Supplier and us, concerning the use of the Services, including the website as well as any other media form related, linked, or otherwise connected to the site or the Services. PaaS Provider reserves the right to post changes to the Terms at any time, and by your continued use of the Services thereafter, you agree to be bound by the new version of the Terms without specific notice thereof. If any changes to the Terms are not acceptable to you, you must stop your use of the Services. It is your responsibility to periodically review the Terms to stay informed of updates. In these Terms, “User,“ “you“ and/or “your” refers to each user of our Services.
THIS AGREEMENT IS SUBJECT TO THE SECTION ENTITLED “BINDING ARBITRATION AND CLASS ACTION WAIVER” WHICH IMPACTS YOUR RIGHTS AS DETAILED BELOW. PLEASE READ THE AGREEMENT CAREFULLY.
Alpha Shares Marketplace is an NFT marketplace interface maintained by a decentralized team of developers. It facilitates interaction with the Alpha (Alpha Shares) Protocol, an NFT and token ecosystem deployed on the Avalanche blockchain.
3. MODIFICATION OF THIS AGREEMENT
We reserve the right, in our sole discretion, to modify this Agreement. All modifications become effective when they are posted, and we will notify you by updating the date at the top of the Agreement.
4. ASSUMPTION OF RISK
By accessing Alpha Share's software, you accept and acknowledge: The prices of blockchain assets are extremely volatile and we cannot guarantee purchasers will not lose money. Assets available to trade on Alpha Shares should not be viewed as investments: their prices are determined by the market and fluctuate considerably. You are solely responsible for determining any taxes that apply to your transactions. Alpha Shares' services are non-custodial, such that we do not at any time have custody of the NFTs owned by our users. We do not store, send, or receive Digital Assets, as they respectively exist on the blockchain. As such, and due to the decentralized nature of the services provided, you are fully responsible for protecting your wallets and assets from any and all potential risks. Our software indexes NFTs on multiple blockchains as they are created, and we are not responsible for any assets that users may mistakenly or willingly access or purchase through the software. You accept responsibility for any risks associated with purchasing such user-generated content, including (but not limited to) the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on faulty smart contracts, and assets that may become untransferable.
We do not represent or warrant that access to the front-end interface will be continuous, uninterrupted, timely, or secure; that the information contained in the interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements.
6. USER RESTRICTIONS
The User is granted permission to access, download, and use the Services, provided that the User shall:
- Not use the Services for any illegal or unauthorized purpose or beyond the scope of the Services expected use;
- Not intentionally interfere with the operation of the Services or with any other person’s use of the Services;
- Not intentionally gain unauthorized access to the Services;
- Not use the Services in a manner designed to override or evade any compliance measures, including, but not limited to, geoblocking in a jurisdiction where Services are not available. The Services are not available in certain countries subject to sanctions and other limitations. The Services are also not available in Canada or the United States of America and may not be available to certain U.S. persons;
A violation of any of these Terms, as determined in PaaS Provider’s sole discretion, may result in the termination of the User’s ability to access or use the Services, which may result in forfeiture of rewards.
7. PROPRIETARY RIGHTS
We own the intellectual property generated by core contributors to Alpha Shares for the use of Alpha Shares, including (but not limited to) software, text, designs, images, and copyrights. Unless otherwise stated, Alpha Shares reserves exclusive rights to its intellectual property. Refer to our Brand Assets Documentation for guidance on the use of Alpha Shares' copyrighted materials.
To access or use the front-end interface, you represent that you are at least the age of majority in your jurisdiction. You further represent that your access and use of the front-end interface will fully comply with all applicable laws and regulations and that you will not access or use the front-end interface to conduct, promote, or otherwise facilitate any illegal activity. Furthermore, you represent that neither you nor any entity you represent are included in any trade embargoes or sanctions list (“Subject to Restrictions”), nor resident, citizen, national or agent of, or an entity organized, incorporated or doing business in such territories (“Restricted Territories”).
When you use the front-end interface, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and token identifiers. We do not collect any personal information from you. We do, however, use third-party services like Google Analytics, which may receive your publicly available personal information. We do not take responsibility for any information you make public on the Ethereum blockchain by taking actions through the front-end interface.
10. PROHIBITED ACTIVITY
You agree not to engage in any of the following categories of prohibited activity in relation to your access and use of the front-end interface: Intellectual property infringement, such as violations to copyright, trademark, service mark or patent. Interaction with assets, listings, smart contracts, and collections that include metadata that may be deemed harmful or illegal, including (but not limited to): metadata that promotes suicide or self-harm, incites hate or violence against others, degrades or doxxes another individual, depicts minors in sexually suggestive situations, or raises funds for terrorist organizations. Transacting in any Restricted Territory or interacting with any blockchain addresses controlled indirectly or directly by persons or entities Subject to Restrictions, that is, included in any trade embargoes or sanctions list.
11. LIMITATION OF LIABILITY
Alpha Shares is in no way liable for any damages of any form resulting from your access or use of Alpha Shares' software, including (but not limited to) any loss of profit, digital assets, or intangible property, and assumes no liability or responsibility for any errors, omissions, mistakes, or inaccuracies in the content provided on Alpha Shares-controlled software or media; unauthorized access or use of any server or database controlled by Alpha Shares; bugs, viruses etc. in the software; suspension of service; or any conduct of any third party whatsoever. Furthermore, any hyperlink or reference to a third party website, product, or person that is shared or published in any software or other channel by Alpha Shares is for your convenience only, and does not constitute an endorsement. We accept no legal responsibility for content or information of such third party sites.
- Alpha Shares and any/all of its digital pieces and counterparts are not securities, commodities, nor investments.
- By using any of Alpha Shares' information, applications, platforms, groups or engaging with the Alpha Shares project or its website (alphashares.io) in any way, shape or form, you agree, comply, accept and understand each of every one of these disclaimers fully and completely.