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Welcome to the Idea Colosseum LLC (“Arena”, “we”, “our” or “us”) website accessible via https://getarena.app (together with its subdomains, Materials, Marks (as defined below), features and services, the “Website”) and to the Arena mobile application (the “App”; collectively, the “Platform”). Please read the following Terms of Use carefully before using this Platform so that you are aware of your legal rights and obligations with respect to Arena. By accessing or using the Platform, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Arena Terms of Use, together with the Privacy Policy (as defined below) (collectively, the “Terms”). To the maximum extent permitted by law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records. If you do not agree to be bound by these Terms, please do not access or use the Platform.
NOTABLY, THESE TERMS ARE A BINDING AGREEMENT AND INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THESE TERMS, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY DOWNLOADING OUR MOBILE APPLICATION, ESTABLISHING AN ACCOUNT, OR USING THE PLATFORM, YOU AGREE THAT YOU: (A) HAVE READ AND UNDERSTOOD THESE TERMS; (B) REPRESENT THAT YOU ARE AT LEAST 16 YEARS OLD AND, IF YOU ARE A MINOR, THAT YOU HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN TO CREATE AN ACCOUNT AND AGREE TO THESE TERMS; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS.
Modification. To the maximum extent permitted by law, we reserve the right, at our discretion, to change these Terms at any time. Changes will be effective ten (10) days following posting of the revised Terms on the Platform. Your continued use of the Platform after posting a revised version of the Terms means that you accept those changes. To the maximum extent permitted by law, we also reserve the right to change any service provided on the Platform or the Platform itself at our sole discretion, at any time. Such change will be effective immediately.
Ability to Accept Terms. The Platform is only intended for individuals aged 16 years or older. If you are under 16 years old, please do not visit or use the Platform. If you are under age 18 or not yet the age of majority according to the laws of your country, you hereby represent that you have permission from your parent or legal guardian to create an account and agree to these terms. We reserve the right to suspend access to the Platform to any person in breach of this Section.
Platform Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Platform provided that you comply with these Terms and applicable law and provided that you do not violate, infringe, or misappropriate any third party right (including, without limitation, intellectual property rights or privacy rights).
Restrictions. You shall not: (i) copy, distribute or modify any part of the Platform without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Materials; (iii) disrupt servers or networks connected to the Platform; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Platform; (v) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any of the Platform’s source code, in whole or in part; (vi) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or that enforce limitations on use of the Platform; and/or (vii) submit prohibited content, as detailed in Section 7.4 below, or use the Platform in violation of these Terms, applicable law or third-party rights.
Account. In order to use some of the services of the Platform, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another person without their permission. When creating your Account, you must provide lawful, accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Arena immediately of any breach of security or unauthorized use of your Account. As between you and Arena, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to Arena at support@getarena.app.
Payments to Arena. Except as expressly set forth in the Terms, your general right to access and use the Platform is currently for free, but Arena may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Platform unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Platform.
User Submissions.
Responsibility. The Platform may permit the submission, hosting, sharing and publishing of content by you and other users, including without limitation, posts, audio and video ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all content posted on the Platform (including User Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Arena to use all Intellectual Property Rights (as defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Platform and these Terms.
License to User Submissions. By submitting the User Submissions to Arena, you hereby grant Arena a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Platform and Arena’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Platform or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms. We may use User Submissions to comply with applicable law, defend and enforce our rights or the rights of other users, and enforce our policies.
Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (ii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iii) impersonates another person; (iv) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (v) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vi) involves theft or terrorism; or (vii) is otherwise malicious or fraudulent.
Exposure. You understand and acknowledge that when accessing and using the Platform: (i) you will be exposed to User Submissions from a variety of sources, and that Arena is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Arena with respect to (i) and (ii) herein.
Spam. You agree not to, and will not, use the communications systems provided by the Platform to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
Virtual Items. While using the Platform you may obtain virtual items (“Virtual Items” or “Arena Coins”). When you obtain a Virtual Item, regardless of the way you obtained it, Arena grants you a limited, personal, revocable, non-transferable, non-sublicensable license to use that Virtual Item on the Platform. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE VIRTUAL ITEMS MAY NOT BE EXCHANGED FOR REAL MONEY OR ITEMS OF VALUE, OR BE USED ANYWHERE OUTSIDE THE PLATFORM. You do not receive any ownership, right, title or interest in any Virtual Items. You may not buy, sell, exchange, sublicense or otherwise transact (or attempt to transact) any Virtual Items outside the Platform. Arena reserves the right to make any changes in, and/or otherwise regulate or manage, Virtual Items the way Arena sees fit, without prior notice, and at Arena’s sole discretion, including to modify, change characteristics of, change rules of use of, change availability of, change pricing of, remove, add, deny the right to use, revoke a license to use, replace, exchange and delete Virtual Items without incurring any liability or duty or any kind.
Intellectual Property Rights.
Materials and Marks. The: (i) Platform and the content on the Platform, including, without limitation, the Intellectual Property Rights, text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services, other than the User Submissions (collectively, the “Materials”); and (ii) trademarks, service marks, and logos contained therein (“Marks”), are the property of Arena, its affiliates or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Arena”, the Arena logo, and other marks are Marks of Arena or its affiliates. All other trademarks, service marks, and logos used on the Platform are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Platform and the Materials. “Intellectual Property Rights” means any and all rights, titles, and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
Use of Materials. Materials on the Platform are provided to you for your information and personal non-commercial use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials, you must retain all copyright and other proprietary notices contained therein.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may implement it or use it without restrictions, obligations, or any compensation to you.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on the Platform are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility.
Third Party Content.
The Platform may enable you to view, access, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us (“Third Party Content”). The Platform may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party platforms, services and technologies; and (ii) our partners and customers.
We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.
We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content.
We do not endorse any advertising, promotions, campaigns, products, services, or other materials that are included in any Third Party Content or communicated to you from a Third Party Source.
By using the Platform you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Arena, and release Arena from any and all liability arising from your use of and interaction with any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
Third Party Open Source Software. Portions of the Platform may include third party open source software that is subject to third party terms and conditions, ("Third Party Terms"). If there is a conflict between any Third Party Terms and these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in these Terms to the contrary, Arena makes no warranty or indemnity hereunder with respect to any third party open source software.
Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain (including but not limited to the User Submissions) in connection with the Platform, and your use thereof, which we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Arena, its users or the public.
Privacy. For information on how we use your Personal Data, please read our privacy policy (“Privacy Policy”) which is available on the platform or at https://getarena.app/privacypolicy Warranty Disclaimers.
This section applies whether or not the services provided under the Platform are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ARENA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ARENA DOES NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE PLATFORM AND THE CONTENT MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ARENA WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE PLATFORM BY A THIRD PARTY.
YOU ACKNOWLEDGE THE PLATFORM DOES NOT INVOLVE ANY GAMBLING, BETTING, OR LIKE ACTIVITIES AND USERS ARE NOT ABLE TO WAGER REAL MONEY OR ANY OTHER FINANCIAL ASSETS ON THE PLATFORM. THE PLATFORM IS INTENDED SOLELY FOR INFORMATION, EDUCATIONAL AND ENTERTAINMENT PURPOSES. USERS SHOULD NOT EXPECT TO RECEIVE ANY PRIZES OR REWARDS FOR THEIR PARTICIPATION. ARENA MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE PROVISION OF ANY PRIZES OR REWARDS TO USERS.
WHILE THE PLATFORM MAY PROVIDE ACCESS TO CERTAIN INFORMATION, THE PLATFORM CANNOT, AND IS NOT INTENDED TO, PROVIDE ANY PROFESSIONAL ADVICE OF ANY KIND. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USE OF THE PLATFORM AND/OR USE OF ANY INFORMATION PROVIDED BY THE PLATFORM.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ARENA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE PLATFORM.
YOU SPECIFICALLY ACKNOWLEDGE THAT ARENA SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY PLATFORM USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY PLATFORM USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY PLATFORM USER IN CONNECTION WITH THE PLATFORM OR ANY USER SUBMISSION, YOU AGREE THAT ARENA IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. ARENA RESERVES THE RIGHT BUT HAS NO OBLIGATION TO MONITOR ANY SUCH DISPUTE.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ARENA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF ARENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARENA FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ARENA FOR USING THE PLATFORM DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. IF YOU HAVE NOT PAID ANY FEES AND THE ABOVE IS NOT ENFORCEABLE, THE AGGREGATE LIABILITY OF ARENA SHALL NOT EXCEED $25.
Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Arena and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Platform; (ii) your User Submissions and/or any use thereof; (iii) the Materials; (iv) your violation or any violation of proprietary rights and/or any other third party rights, including without limitation Intellectual Property Rights or privacy rights; (v) your violation of these Terms or other terms from third parties associated with Third Party Content; and/or (vi) any other violation of any other applicable law or regulation.
Term and Termination. These Terms are effective until terminated by Arena or you. Arena, in its sole discretion, has the right to terminate these Terms and/or your access to the Platform, or any part thereof, immediately at any time, with or without cause (including, without limitation, for a breach of these Terms). Without derogating from any other provision of these Terms, in the event of any breach of these Terms, Arena reserves the right to suspend all or some of your access to the Platform and its services temporarily until such breach is cured, or indefinitely if deemed appropriate by Arena. Suspension may occur without prior notice and is at the sole discretion of Arena. Arena shall not be liable to you or any third party for termination or suspension of the Platform, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Arena retains the right to keep a copy of your data for trust and safety purposes. Upon termination of these Terms, you shall cease all use of the Platform. This Section 18 and Sections 7 (User Submissions), 8 (Intellectual Property Rights), 4 (Privacy) to 7 (Indemnity), and 19 (Independent Contractors) to 2 (No Waiver) shall survive termination of these Terms.
Independent Contractors. You and Arena are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Arena. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Arena.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Arena without notice or obligation to you.
Mandatory Arbitration.
In the event of any claim, controversy, or dispute under or otherwise in connection with these Terms (a "Dispute"), such Dispute shall be resolved exclusively by arbitration in accordance with Schedule A attached hereto. However, if the Dispute is not subject to arbitration (either because you opted-out of the arbitration in the manner described in Schedule A, or because a court of competent jurisdiction determined that the agreement to arbitrate does not apply to you or the Dispute) then the Dispute shall be subject to the exclusive jurisdiction and venue of the competent courts located in Austin, State of Texas, USA, and the Parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue.
Regardless of any law to the contrary, you agree that any claim or cause of action arising under, or otherwise in connection with, these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose, or else you agree that such claim or cause of action will be barred forever. Any claims or damages that you make hereunder shall only be enforceable against Arena, and not any other entity (such as Arena affiliates) or Arena officers, directors, representatives, employees, or agents. Moreover, if you are a consumer (as defined in the laws of your jurisdiction), these Terms are not intended to, and shall not exclude or limit any mandatory rights you may have under the consumer protection laws of your jurisdiction.
Governing Law. These Terms and the relationship between you and Arena shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflict of laws.
Severability. These Terms shall constitute the entire agreement between you and Arena concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing in these terms is intended to cancel or limit your statutory rights that cannot be canceled or limited by applicable law; however, these Terms will be interpreted and applied to the maximum extent permitted by law.
Distributor Requirements and Usage Rules.
Apple. If you download the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
24.1.1.You acknowledge and agree that:
24.1.1.1.These Terms are concluded between Arena and you only, and not with Apple, and Arena and its licensors, and not Apple, are solely responsible for the App and the content thereof. Your use of the App is also subject to the usage rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into these Terms. The license granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; Arena is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; Arena is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Arena’s sole responsibility; Arena, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
24.1.1.2.In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
24.1.1.3.Apple, and its subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
24.1.2.You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
24.1.3.If you have any questions, complaints, or claims regarding the App, please contact Arena at:
Email: support@getarena.app
Address: Idea Colosseum, 9600 Escarpment Blvd, ste 745-252, Austin, Texas 78749
24.1.4.By entering into these Terms you, to the extent legally permitted, hereby waive any applicable law requiring that these Terms be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Last updated: April 14, 2025
SCHEDULE A
Mandatory Arbitration
Arena wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Arena, you agree to try to resolve the Dispute informally by contacting support@getarena.app. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you may initiate proceedings, as set forth in this Schedule A.
You and Arena agree that these Terms affect interstate commerce and that the enforceability of this Schedule A shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Unless the Parties expressly agree otherwise in writing, the arbitration shall take place in-person in Austin, Texas, USA, except that if telephonic or other remote electronic means are available and permissible, then you may elect to conduct the arbitration via such means. You agree that: (a) any arbitration will occur in Austin, Texas, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Schedule A, and (c) that the state or federal courts of Travis County, Texas, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The arbitrator must honor the terms and conditions of these Terms (including, but not limited to, all liability exclusions and limitations), and shall not make any award or decision that is contrary to, or in excess of, what these Terms provide.
The AAA Rules are available at https://www.adr.org/Rules the AAA at 1-800-778-7879. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
The arbitrator’s decision must be in writing and will include the essential findings and conclusions upon which the award is based. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any litigation should arise between you and Arena in any court in a proceeding to vacate or enforce an arbitration award, YOU AND ARENA HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the proceeding be resolved by a judge. The arbitrator may award declaratory or injunctive relief only in favor of the plaintiff/claimant and only to the extent necessary to provide relief warranted by the plaintiff's/claimant’s individual claim.
Regardless of who initiates arbitration for a Dispute, you will always remain responsible for your costs relating to filing fees, counsel, experts, witnesses, and travel to the arbitration.
All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain their confidentiality, unless (and in such cases, only to the extent) otherwise required by applicable law. This paragraph shall not prevent a party from submitting to a court any information necessary to enforce an arbitration award or to seek equitable relief.
YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF ANYTHING IN THE AAA RULES PERMITS OTHERWISE AND EVEN IF YOU OPT-OUT OF THIS AGREEMENT TO ARBITRATE:
YOU AND ARENA ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO PARTICIPATE (FOR EXAMPLE, AS A CLASS REPRESENTATIVE OR CLASS MEMBER) IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS-WIDE OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY; AND
NO ARBITRATION WILL BE JOINED TO ANY OTHER ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE ANY INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE.
OPT-OUT: You can choose to reject this agreement to arbitrate (“Opt-out”) by emailing support@getarena.app within thirty (30) days after the date you agree to these Terms for the first time. The Opt-out email you send to us must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. Providing an Opt-out notice is the only way you can opt-out of this agreement to arbitrate. If you Opt-out of this agreement to arbitrate, all other provisions of the Terms will continue to apply, and you will not permitted to invoke this agreement to arbitrate to resolve any Dispute with Arena.
To the extent any provision of this Schedule A is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, you and Arena agree that the provisions of Section 23 (Severability) shall apply.
April 17, 2025