TERMS OF USE OF THE APPLICATION

TERMS OF USE OF THE APPLICATION

Arianee Ownership Account

Effective as of January 1 2024

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Please read carefully these Terms of Use which govern the use of this ownership account service (the “Service” or the “Ownership Account”) to read and/or claim and/or manage non-fungible tokens, NFTs ( the “Terms of Use” or the “Contract”). By using this Service, you agree to these Terms of Use without reserve. 

NFTs materialize in the form of digital passports of physical products or native and purely digital (like digital collectibles) or digital proof of engagement (badges, tickets, accreditations, passes and others).

For any request relating to your use of the Service, please get in touch with us by writing to: support@arianee.org.

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LEGAL NOTICE‍

Contact : support@arianee.org

Director of Publication : Pierre-Nicolas Hurstel

Publisher : Arianee, a simplified joint-stock company, having its registered office at 12 Rue Philippe de Girard, 75010 Paris, registered with the Paris Registry of Trade and Companies under number 842 305 161  (hereinafter the "Company" or "We" or “Us”).

Hosted by : Arianee, a simplified joint-stock company, having its registered office at 12 Rue Philippe de Girard, 75010 Paris, registered with the Paris Registry of Trade and Companies under number 842 305 161

Email address : support@arianee.org

Postal address : 12 rue Philippe de Girard, 75 010 Paris, France

1. ACCESS TO THE APPLICATION
   

a. Who can use it?‍

To access and use this Service you need to be at least sixteen (16) years old. Users under the age of sixteen (16) must seek the consent of a legal representative.

b. At what price?‍

We hereby grant you a free license to use the Service. You shall bear any further expenses for accessing and using the Internet.

c. How to download access it?

The Ownership Account is an interface for reading and / or claiming and/or managing NFTs.

The Service shall be accessible at the following address : app.arianee.com.

You may freely use the Service by creating an account with your email address.

Although We endeavor to keep the Service accessible at all times, We cannot guarantee said access to you under all circumstances (maintenance, update, force majeure event or any other reason beyond our control).

The use of the Service requires a compatible device with an Internet connection. 

You shall bear exclusive liability for any operation related to the required device, as well as any telecommunication expenses incurred in connection with the access to and use of the Service.  

Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet. We shall bear no liability for any network or roaming costs in connection with the Service updates.

2. USE

a. License
The Service is hereby licensed, not sold, to you. You shall procure compliance with these Terms of Use by anyone acting in your name or on your behalf.

As of the effective date of these Terms of Use, subject to compliance with the terms hereof, We hereby grant you on a non-exclusive, revocable world-wide and non-transferable license to use the Service, during the period of use of the Service, exclusively for strictly personal and private purposes.  

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b. Applicable requirements‍

In connection with your use of the service, you hereby agree not to:  

(a) Duplicate, copy or use the Service for any purposes other than as expressly authorized under these Terms of Use;

(b) Attempt (or encourage or support others’ attempts) to reverse engineer, disassemble or decompile the Service, except for purposes of interoperability, as defined by law;

(c) Adapt, correct, update or alter the Service in any way;

(d) Create any derivative work based on all or any part of the Service;

(e) Disclose or publish the results of performance tests on the Service without our prior written consent;

(f) Lease or sublicense the Service to any third party;

(g) Mask, remove or alter any notice or reference to our proprietary rights;

(h) Correct any error, anomaly, bug or other malfunction or failure affecting the Service;

(i) Use the Service and/or publish any contents via the Service depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s). Without prejudice to the foregoing provisions, you shall bear sole liability for all such contents as you may publish via the Service.

3. INTELLECTUAL PROPERTY

Developing this Service involved significant investments. The Service and each of the elements it comprises (i.e., brands, logos, images, texts, videos, etc.) are protected by intellectual property rights. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal and non-commercial purpose. No use, reproduction, representation, modification or distribution of the Service (in whole or in part), on any media whatsoever, for any other purposes shall be authorized. 

We may make available to you via this Service contents that you are authorized to access and download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Service shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.

Please note, that these above listed restrictions do not apply to the NFTs you own as long as their use does not infringe any legal requirements or any other contractual requirements you agreed when purchased or acquired the NFT..

4. INFORMATION CONTAINED ON THE APPLICATION

a. General provisions ‍

Furthermore, We hereby remind you that inaccuracies and omissions may appear in the information available on this Service, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Service as soon as possible.

b. Hypertext links‍

The hypertext links included on the Service may lead you to websites published by third parties and the content of which We do not control. Accordingly, to the extent that said hypertext links were included on this Service for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole liability.

5. DISCLAIMER

We shall use our best efforts to maintain access to the Service at all times. However, We cannot guarantee the permanent availability and accessibility of the Service. Indeed, we may be required to momentarily suspend access to all or part of the Service, particularly for technical maintenance purposes.

It is hereby further specified that the Internet and IT or telecommunication networks or blockchain are not error-free and that interruptions and failures can occur.  We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks or the blockchain, including, without limitation:

• Poor transmission and/or reception of any data and/or information via the Internet;
• Any external intrusions or computer viruses;
• Any defaulting reception equipment or communication networks; and
• Any such Internet malfunctions may hinder the proper operation of the Service.

The Company disclaims all warranties about the Service to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.

6. AMENDMENT

The Company may amend the contents and information related to the Service as well these Terms of Use, particularly to comply with our legal obligations in force and/or to improve the Service. 

The changes will be effective upon the Company’s publication of the updated Terms of Use. Therefore, we recommend that you read the Terms of Use regularly.

If you do not agree with the new terms of this Terms of Use, you should stop using the Service.

7. SUSPENSION AND TERM

You agree that we may suspend or terminate your access to and use of the Service if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of the Company, its affiliated companies or any third party, with or without notice to you. You agree that the Company may modify or discontinue providing any of the Service, with or without notice to you. You agree that the Company will not be liable to you or any third party as a result of such modification or discontinuation. 

When the use of the Service ceases for any reason (including in the , you are informed and you acknowledge that your Ownership Account cannot be deleted as it is based on blockchain but the access to the url to view and use the interface may be revoked.

8. GOVERNING LAW AND DISPUTES‍

These Terms of Use shall be governed by, and construed in all respects in accordance with, French law. The Terms of Use are subject to the exclusive jurisdiction of the competent Paris courts, unless otherwise stipulated under applicable laws, to settle any dispute or claim arising out of or in connection with this Contract.

9. CONTACT

For any issue or request or information, please contact us at: support@arianee.org 

If you consider that any content of this Service is in breach of your rights or any third party’s rights (e.g., any infringement, breach of privacy), you may send a notice to the following email address: contact@arianee.org.