**HOUSE OF WEB3 WAIVER**
In consideration of your participation in any House of Web3 activities and/or events, organized by Edge & Node Ventures, Inc. ("**E&N**") and/or the Releasees (defined below) (collectively, the "**Activities**”), I agree as follows:
I understand that participation in the Activities may include, without limitation, participation with other participants, contact with unidentified and unfamiliar persons, participating in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and strenuous physical and mental activities and exercises. I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I agree that I will discontinue participation in the Activities if I believe at any time that my participation poses a threat to myself or any third party. If I have any injury or condition that potentially affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility.
I, on behalf of yourself and anyone who obtains any rights from or through you, hereby forever and irrevocably release and discharge E&N; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, partners and affiliates participating in or facilitating the Activities and any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; any removal, denial or exclusion of me by E&N from the Activities, locations, places and/or buildings; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be caused in whole or in part by (i) any Releasee’s own negligence, misconduct or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of your medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of your name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, your “Personal Attributes”), to the extent permitted by applicable law. I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this agreement.
I have read this agreement, understand that I have given up substantial rights by agreeing to it and have agreed to it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby forever and irrevocably waive, release and discharge the Releasees from any and all claims and liability for my death, disability, personal injury, property damage, property theft or actions of any kind nature or description which may happen to me while traveling to or from the Activities or while participating in the Activities. I hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this agreement, or to rescind, limit or disaffirm this agreement. My agreement to the terms of this agreement shall bind my executors, administrators, heirs, next of kin, and successors. This agreement shall be interpreted broadly to provide a release and waiver to the maximum extent permissible under the law. In the event any provision of this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Agreement has been executed by you with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect. You intend to relinquish all claims against the Releasees, whether or not known or suspected and expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads:
“A general release does not extend to claims that the creditor or 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 debtor or released party.”
I agree that as further consideration for being permitted to participate in any of the Activities, you hereby grant E&N and its designees, and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize your personal attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. You hereby forever and irrevocably waive any rights you may have in or to any of the foregoing, and you understand and agree that E&N and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of your Personal Attributes.
**CONFIDENTIALITY**
In conjunction with the Activities, E&N has made or will or may make available to certain information concerning the business, operations and assets of E&N or the Releasees. As a condition to such confidential information being furnished to you, you agree to treat any information concerning E&N or the Releasees (whether prepared by E&N or another Releasee, its advisors or otherwise and irrespective of the form of communication) which is furnished to you in accordance with the provisions of this agreement.
The material deemed confidential does not include information which (i) is or becomes generally available to the public other than as a result of a disclosure by you, (ii) was within your possession or discovered prior to its being furnished to you by or on behalf of E&N or a Releasee pursuant hereto, or (iii) becomes available to you on a non-confidential basis from a source other than E&N or a Releasee or any of its representatives.
You agree that the confidential information will be kept confidential and that you and your representatives will not disclose any confidential information in any manner whatsoever; provided, however, that (i) you may make any disclosure of such confidential information to which E&N or the Releasee requiring such confidentiality, as applicable, gives its prior written consent and (ii) you may make any disclosure required by court order, or by law, rule or regulations (including the rules of a national securities exchange).
I certify that I am physically well and prepared to participate in the Activities. I have not been advised not to participate by a qualified medical person. I have carefully read this agreement and fully understand its contents. I understand this agreement is a contract between me and the Releasees, and I sign of my own free will.
**FOR PARTICIPANTS UNDER 18 YEARS OF AGE:**
If you are under 18 years of age, you represent and warrant to E&N that your parent or legal guardian has reviewed this agreement, and agrees as follows:
I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.
INTRODUCTION
Edge & Node Ventures, Inc. (“us”, “we”, or “our”) operate these web and mobile applications (hereinafter referred to as “Service”).
Our Privacy Policy governs your visit to Service, and explains how we collect, safeguard and disclose information that results from your use of our Service.
We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“agreement”).
DEFINITIONS
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our Service to you.
TYPES OF DATA COLLECTED
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
– Email address
– First name and last name
– Phone number
– Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
– Session Cookies: We use Session Cookies to operate our Service.
– Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
– Security Cookies: We use Security Cookies for security purposes.
– Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
Other Data
While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at the place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.
USE OF DATA
We use the collected data for various purposes:
– to provide and maintain our Service;
– to notify you about changes to our Service;
– to allow you to participate in interactive features of our Service when you choose to do so;
– to provide customer support;
– to gather analysis or valuable information so that we can improve our Service;
– to monitor the usage of our Service;
– to detect, prevent and address technical issues;
– to fulfill any other purpose for which you provide it;
– to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
– to provide you with notices about your account and/or subscription, including expiration and renewal notices, email instructions, etc.;
– to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
– in any other way we may describe when you provide the information;
– for any other purpose with your consent.
RETENTION OF DATA
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside the European Union and choose to provide information to us, please note that we transfer the data, including Personal Data, to the European Union and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
DISCLOSURE OF DATA
We may disclose personal information that we collect, or you provide:
Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition, or asset sale, your Personal Data may be transferred.
Other cases. We may disclose your information also:
– to our subsidiaries and affiliates;
– to contractors, service providers, and other third parties we use to support our business;
– to fulfill the purpose for which you provide it;
– with your consent in any other cases;
SECURITY OF DATA
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed of what Personal Data we hold about you and if you want it to be removed from our systems, please send us a request through the “Support” page of our Services.
In certain circumstances, you have the following data protection rights:
– the right to access, update or to delete the information we have on you;
– the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
– the right to object. You have the right to object to our processing of your Personal Data;
– the right of restriction. You have the right to request that we restrict the processing of your personal information;
– the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
– the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, that we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
YOUR DATA PROTECTION RIGHTS UNDER THE CALIFORNIA PRIVACY PROTECTION ACT (CALOPPA)
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/
According to CalOPPA we agree to the following:
– users can visit our site anonymously;
– our Privacy Policy link includes the word “Privacy”, and can easily be found on the page specified above on the home page of our website;
– users will be notified of any privacy policy changes on our Privacy Policy Page;
– users are able to change their personal information by visiting the “Account” page of our Services.
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
YOUR DATA PROTECTION RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
If you are a California resident, you are entitled to learn what data we collect about you and ask to delete your data. To exercise your data protection rights, you can make certain requests and ask us:
What personal information we have about you. If you make this request, we will return to you:
– The categories of personal information we have collected about you.
– The categories of sources from which we collect your personal information.
– The business or commercial purpose for collecting or selling your personal information.
– The categories of third parties with whom we share personal information.
– The specific pieces of personal information we have collected about you.
– A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
– A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
Please note, that you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
We don't sell or rent your personal information to any third parties for any purpose. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
Please note, that if you ask us to delete, it may impact your experience with us, and you may not be able to participate in certain programs or membership services that require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
To exercise your California data protection rights described above, please send your request(s) through the “Support” page of our Services.
Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB375. The CCPA took effect on 01/01/2020.
SERVICE PROVIDERS
We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
andcards
andcards is the developer of our Services. We encourage you to review andcards Privacy Policy: https://www.andcards.com/privacy/
ANALYTICS
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
PAYMENTS
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Stripe:
Their Privacy Policy can be viewed at: https://stripe.com/us/privacy
WayForPay
Their Privacy Policy can be viewed at: https://wayforpay.com/en
Freedom.Pay
Their Privacy Policy can be viewed at: https://freedompay.money/kz/privacy_policy
KakaoPay
Their Privacy Policy can be viewed at: https://www.kakao.com/policy/privacy?lang=en
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
CHILDREN'S PRIVACY
Our Services are not intended for use by children under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from Children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
CONTACT US
If you have any questions about this Privacy Policy, please contact us through the “Support” page of our Services.