HOME
LEADERBOARD
CHAMBER

ETC PLATFORM: TERMS OF SERVICE

Last Modified: June 12, 2024

Welcome to the ETC Platform! Please read these Terms of Service (these “TOS”) carefully, as they constitute a legally binding agreement between you (“you,” “your,” or “user”) and the Eternal Tunnel Corp. (“ETC,” “we,” “us,” or “our”).

These TOS, together with any Modifications (as defined below), as well as all policies posted on www.thealbum.com (including, but not limited to, our Privacy Policy) and incorporated by reference herein, set out the terms on which ETC offers you access to, and use of, the website hosted user interface located at www.thealbum.com and all relevant domains, sub-pages, content, and functionality associated with the foregoing (the “Platform”) and the features, offerings, and other services included in connection therewith. These TOS apply whether you are accessing the Platform via a personal computer, a wireless or mobile device, or any other technology or device now known or hereafter developed or discovered.

THESE TOS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

1. Acceptance of Terms

BY ACCESSING OR USING THE PLATFORM IN ANY MANNER, YOU AFFIRM, REPRESENT AND WARRANT (A) THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TOS (ALONG WITH ANY MODIFICATIONS AND/OR ADDITIONAL TERMS, POLICIES AND AGREEMENTS REFERENCED HEREIN), INCLUDING THE ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL, (B) THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TOS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND MEET ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS, AND (C) THAT YOUR ACCESS AND USE OF THE PLATFORM IS PERMITTED BY, AND SHALL NOT VIOLATE, ANY APPLICABLE LAWS, INCLUDING THOSE IN YOUR JURISDICTION.

IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TOS AND/OR ANY MODIFICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE PLATFORM.

2. User Information

In the course of your use of the Platform, you may be asked to provide certain personal information to us (“User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference. We will not knowingly collect personally identifiable information from any person that is actually known to us to be under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PLATFORM AT ANY TIME OR IN ANY MANNER.

3. Modifications

We reserve the right to revise these TOS at any time and from time to time, for any reason in our sole discretion by any written announcement or notice or by posting an updated TOS on the Platform without advance notice to you (the “Modifications”). These changes become effective immediately and, if you use the Platform after the Modifications become effective, it will signify your agreement to be bound by the Modifications. It is your responsibility to monitor and periodically check for changes to these TOS by consulting the “Last Modified” date at the top of this page.

4. The Platform

As part of your use of the Platform, you may be able to access smart contracts allowing you to acquire certain non-fungible blockchain-based digital assets or tokens and the digital artwork directly associated therewith (the “Protocol”). The Platform is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol, which comprises open-source or source-available self-executing smart contracts deployed on a public blockchain. ETC does not control or operate the Protocol on any blockchain network. All purchases of blockchain-based digital assets on the Platform are subject to the Digital Asset Sale and Use Terms of Service.

5. Limited License

Subject to the restrictions and limitations set forth in these TOS, and contingent upon your ongoing compliance with these TOS, we grant you a personal, worldwide, revocable, non-exclusive, and non-assignable license to use the Platform. The only purpose of this license is to allow you to use and enjoy the Platform solely as permitted by these TOS.

6. Accessing the Platform

We reserve the right to deny access and use privileges with respect to the Platform to anyone (and to suspend, restrict or terminate an existing account) at our sole and absolute discretion, and without notice, including without limitation, if we suspect that the account or non-custodial wallet has or will be used for any fraudulent, illegal, or other unauthorized purposes. We reserve the right to refuse or revoke permission to use the Platform and to remove any other privileges at any time and for any reason. We will not be liable if, for any reason whatsoever, any part of the Platform is unavailable at any time or for any period. From time to time, and in our sole discretion, we may restrict user access to some or all parts of the Platform. To access the Platform, you may be asked to provide User Information. It is a condition of your use of the Platform that the User Information you provide is correct, current, and complete.

7. Prohibited Use

Any commercial distribution, publishing, use, or exploitation of the Platform or any elements thereof (including any content, software, code, data, or materials used in or available on the Platform) is prohibited. As a condition of your access to and use of the Platform, you agree that you will not use the Platform or any element thereof for any purpose that is unlawful, commercial in nature, or prohibited by these TOS. You agree to abide by all applicable local, state, national, and international laws, regulations, and rules and not to access or use the Platform from a jurisdiction where such access or use is illegal or unauthorized. By way of example, and not limitation, you agree that you shall not:

8. Termination

Notwithstanding anything to the contrary set forth in these TOS, we may terminate access to all or any part of the Platform at any time, and/or block or prevent future access to and use of the Platform, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Platform, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of these TOS shall survive and (b) the provisions of these TOS that by their nature are intended to survive termination shall so survive.

9. Content and License

As used herein and throughout these TOS, “Content” shall mean all sound recordings, musical compositions (including lyrics), photographs, cover art, images, metadata, information, text, graphics, designs, and any other content, material, original works of authorship, and/or intellectual property that is published or otherwise made available on or through the Platform. In the event you access any Content on the Platform, as a result of your payment or otherwise (such availability as determined in our sole discretion), you'll receive a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license which allows you to access the specific Content for your own private, personal, non-promotional, and non-commercial use. The Content you acquire through this process will usually remain accessible, but there may be times when it becomes unavailable.

10. Account Access

In order to participate in certain aspects of the Platform, you can, but are not obligated to, provide us with an email address or telephone number to identify your account, and provide certain additional information, as prompted by our user registration, payment, or shipping process. All registration and account information you submit must be truthful and accurate, and you agree to maintain, keep current and promptly update the accuracy of such information as necessary. We may require you to provide additional information and/or documentation, including as may be required under any laws, statutes, ordinance, rules, regulations, code, or any requirements of a government entity. If you do not provide complete and accurate information and/or documents in response to such a request, we may suspend, terminate, lock, or otherwise restrict your account or refuse to permit you access to or use of the Platform. You agree and understand that, to the extent that you provide us with contact information, we will communicate with you via electronic means (including, but not limited to email and text messaging). To ensure that you receive all of our communications, you agree to keep your email address and phone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications sent to your email address on record with us is considered valid.

11. Proprietary Rights

As between you and us, we own, solely and exclusively, all right, title and interest in and to the Platform and all elements thereof, including any and all graphics, images, text, files, designs, systems, methods, information, computer code, software, scripts, services, marks and branding, the selection and arrangement thereof, including all intellectual property and proprietary rights (whether registered or unregistered, in any jurisdiction) related to any of the foregoing. All rights in and to the Platform not expressly granted to you under these TOS are expressly reserved. Your use of the Platform does not grant to you any right, title, or interest in any element thereof, and we (or our applicable licensors, partners, or affiliates) own and retain all right, title, and interest (including all intellectual property and proprietary rights) therein and thereto. These TOS allow you to access the Platform for your own, personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of parts of the Platform.

12. Trademarks

Our name, logo, all related names, logos, product and service names, designs, and slogans are trademarks owned by us or our affiliates or licensors. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs, and slogans on the Platform (including in relation to The Album) are the trademarks of their respective owners.

13. Third Party Websites

The Platform may contain links or connections to Third Party Websites, and Third Party Websites may link to the Platform. As used herein, “Third Party Websites” means all websites, mobile websites, mobile and web applications, and services owned, operated, or provided by any third party, including any such website, application or service operated or provided by a third party under license from us or any of our affiliates. The inclusion in the Platform of any link to a Third Party Websites does not constitute an endorsement or sponsorship by us of such to Third Party Websites, or the information, content, products, services, advertising, code or other materials presented on or through such to Third Party Websites. Any reliance on the content of Third Party Website is done at your own risk. For the avoidance of doubt, any use of third party payment vendors on the Platform is subject to the terms and conditions specified in each such third-party payment vendor’s terms and conditions.

14. Representations and Warranties

In addition to any representations and/or warranties set forth elsewhere in these TOS, you represent and warrant that at all relevant times: (a) neither your performance under these TOS, nor your use of the Platform in accordance with the terms herein, has violated or will violate any applicable law; (b) you are of legal age, in the jurisdiction in which you reside, to enter into a binding contract (and in any event are older than eighteen (18) years of age); and (c) you have full legal authority without any further action or other party’s consent to enter into and perform this agreement and to give these representations and warranties; if you are an entity, the individual transacting on your behalf is authorized to do so and the entity is duly incorporated or formed, validly existing and in good standing in the jurisdiction where it is incorporated or formed. You also represent and warrant that at all relevant times: (i) your use of the Platform is genuine and not the product of any collusive or other anti-competitive agreement and otherwise consistent with any applicable antitrust laws; (ii) you have no knowledge or reason to suspect that the funds used are connected with the proceeds of criminal activity; (iii) you are not, nor are you owned by, controlled by, or acting on behalf of, an entity or individual that is the subject of economic sanctions, embargoes or other trade restrictions in any jurisdiction, or otherwise located, organized, or resident in a sanctioned jurisdiction; and (iv) you will not use the Platform in a way that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.

15. General Release of Claims

You do hereby irrevocably and unconditionally release, cancel, and forever discharge ETC and its directors, officers, employees, subsidiaries, affiliates, agents, and representatives from any and all claims, complaints, causes of action, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, expenses, and executions of any kind or nature whatsoever, whether known or unknown, actual or potential, whether arising in law or in equity, which you may have, may have had, or may in the future obtain, arising out of or relating to any acts, omissions, agreements, or events relating in any manner to the Platform, except for the right to enforce these TOS. Without limitation on the foregoing, you have been made aware of, fully understand, and expressly, knowingly, and intentionally waive any and all rights, benefits, and other protections afforded by Cal. Civ. Code § 1542 which states “a general release does not extend to claims that the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the released party” and of any other analogous federal or state statute or common law principle that limits the scope of a general release.

16. Disclaimer of Warranties

The Platform is provided on an “As Is” and “As Available” basis without any guarantee, representations or warranties by us. You should not take, or refrain from taking, any action based on any information contained on the Platform, or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets, and videos. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. We offer the Platform as a convenience. Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, for example, in relation to accessing the Platform and in maintaining continuity of such access.

17. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THESE TOS, (B) THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE CONTENT, MATERIALS, INFORMATION, OR FUNCTIONS AVAILABLE THROUGH THE PLATFORM, (C) YOUR PROVISION OF INFORMATION VIA THE PLATFORM; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PLATFORM; (E) ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORM, OR (F) LOST PROFIT, BUSINESS OR SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

18. Indemnification

You agree to defend, indemnify on demand and keep ETC and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, members, providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from (a) your use of or reliance on the Platform or any services, content, functions, information, materials, or products available through the Platform, (b) your placement or transmission of any transaction, message, content, information, software or other materials through the Platform, or (c) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these TOS.

19. Governing Law

These TOS and the relationship between you and us shall be governed by and construed in accordance with the laws of the state of California applicable to contracts entered into and performed in California by residents thereof; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9) to the extent provided above. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS.

20. Dispute Resolution

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to legal@etc.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren’t able to reach an informal resolution within sixty (60) days of your email, then you and we both agree to resolve the potential dispute according to the process set forth herein. Any claim or controversy arising out of or relating to the use of the Platform, these TOS, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability (“dispute”), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in Los Angeles, California, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in a Federal District Court or a California state court located in Los Angeles, California. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH COMPANY MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.

21. Waiver of Jury Trial

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, WITH RESPECT TO ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM.

22. Injunctive Relief

You agree that a breach of these TOS will cause irreparable injury to ETC for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages. You are not entitled to seek equitable relief.

23. Severability

Wherever possible, each provision of these TOS shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these TOS shall be prohibited by or invalid under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable under applicable law. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of these TOS, but these TOS shall be construed as if such unenforceable provision had never been contained herein.

24. Assignment

We have the unrestricted right to assign these TOS, and/or any of the rights granted hereunder, in whole or in part, to any entity as we may determine from time to time in our sole discretion. You may not assign these TOS.

25. Miscellaneous

We both agree: (a) these TOS incorporate the applicable Privacy Policy and any other terms applying to your use of the Platform by reference; (b) captions are inserted for reference and convenience only and in no way define, limit, or describe the scope of these TOS or intent of any provision; (c) a waiver by us of any term or condition of these TOS in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof; (d) these TOS shall not give any right or remedy to any third party whatsoever unless said right or remedy is specifically granted by us in writing to such third party; (e) these TOS contain our entire understanding relating to the subject matter hereof; (f) we may from time to time in the future offer additional products, and such additional products shall be considered included as these TOS, regardless of whether such product is specifically defined in these TOS and (h) we reserve the right to, with or without notice to you, to modify, substitute, eliminate or add to the Platform; (ii) to review, modify, filter, disable, delete and remove any and all content and information from the Platform.

26. Further Inquiries

You may direct questions about these TOS, or other issues, to:
Eternal Tunnel Corp., legal@etc.com

0:00 /