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Terms and Conditions

Effective as of: 29th July, 2022​

Welcome to Excalibur​

Thank you for using our Excalibur platform located at Excalibur.fm, and the associated services and features that we make available to you as part of the platform (collectively, the “Services”).

Introduction​

Our Services​

The Services allow you to discover, watch and share videos and other content; provide a forum for users to connect, inform and inspire others in relation to [fintech topics, with a focus on cryptocurrency and blockchains]; and act as a distribution platform for original content creators.

Your Service Provider​

The entity providing the Services in the United Kingdom is Excalibur, (“Excalibur,” “we,” “us,” or “our”).

Applicable Terms​

This Terms of Use Agreement sets forth the legally binding terms and conditions between you and governing your access to and use of the Services. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features (“Supplemental Terms”). All such Supplemental Terms are incorporated by reference into this Terms of Use Agreement (together the “Agreement”). If this Terms of Use Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely with respect to such features.

Acceptance​

BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (i) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY; AND (ii) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE AN INDIVIDUAL THAT IS NOT AT LEAST 16 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

Your Use of the Services​

Content on the Services​

The content on the Services includes videos, audio, graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively “Content”). Content may be provided to the Services and distributed by our users and Excalibur is a provider of hosting services for such Content. Content is the responsibility of the content creator, not Excalibur. If you see any Content you believe does not comply with this Agreement, such as by violating our Acceptable Use Policy (see Section 2.6 below) or the law, you can report it to us.

Account Creation​

You can use parts of the Services, such as browsing and viewing Content, without creating an account (“Account”). However, you may need an Account to use certain features of the Services, such as uploading videos. You agree and promise that: (a) all required information you submit in connection with your registration of an Account is truthful and accurate; and (b) you will maintain the accuracy of such information. Excalibur may suspend or terminate your Account in accordance with Section 6.2 below.

Account Responsibilities​

You are responsible for all activities that occur under your Account. You agree to immediately notify Excalibur of any unauthorized use or suspected unauthorized use, of your Account or any other breach of security. Excalibur will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not share your Account or password with anyone. You agree not to create an Account or use the Services if you have been previously removed by Excalibur.

Privacy Policy​

Our Privacy Policy [INSERT LINK] explains how we treat your personal data and protect your privacy when you use the Services.

Licence to Use the Services​

Subject to your compliance with this Agreement, Excalibur grants you a limited, non-exclusive, revocable, limited, non-transferable, non-assignable, non-sublicensable right to use and access the Services solely for your own personal use. You may view or listen to Content for your personal, non-commercial use.

Acceptable Use Policy​

The following restrictions apply to your use of the Services. You agree not to: (i) access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Services; (b) with prior written permission from Excalibur and, if applicable, the respective rights holders; or (c) as permitted by applicable law; (ii) use the Services to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos from the Services); (iii) circumvent, disable, fraudulently engage, or otherwise interfere with the Services (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Services or Content; (iv) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (v) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (vi) use the Services to sell any advertising, sponsorship, or promotions placed on, around, or within the Services or Content; (vii) abuse other users’ personal information that you receive through the Services, such as to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (viii) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (ix) interfere with any other user’s use and enjoyment of the Services; (x) impersonate any person or entity, including any employee or representative of Excalibur; (xi) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; or (xii) use software or automated agents or scripts to produce multiple Accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we may conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Excalibur website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

Reservation of rights​

Any right not expressly granted to you in this Agreement remains the right of Excalibur or the respective rights holders. This means, for example, that using the Services does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Services). Except for the limited access rights expressly set forth in Section 2.5, you are not granted any rights with respect to the Services and there are no implied licenses granted by Excalibur under this Agreement.

Investigations​

Excalibur may in its sole discretion, but is not obligated to, monitor or review your use of the Services at any time. If Excalibur becomes aware of any possible violations by you of any provision of the Agreement, Excalibur may investigate such violations, and, at its sole discretion, immediately suspend or terminate your license to use the Services.

Modification​

Excalibur is constantly changing and improving the Services. As part of this continual evolution, we may make modifications or changes (to all or part of the Services) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Services, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. If we make material changes that negatively impact your use of the Services or if we stop offering any part of the Services, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. You agree that Excalibur is not liable to you or to any third party for any modification, update, suspension, or discontinuation of the Services. You may need to update third-party software from time to time in order to use the Services.

Third-Party Materials​

As a part of the Services, you may have access to materials that are hosted by another party, as made available by another user. You agree that it is impossible for Excalibur to monitor such materials and that you access these materials at your own risk.

The Services may contain links to third-party websites and services (“Third-Party Links”). Such Third-Party Links are not under the control of Excalibur, and Excalibur is not responsible for any Third-Party Links. Excalibur provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

Storage Limitations​

Unless expressly agreed to by Excalibur in writing elsewhere, Excalibur may set limitations on the amount of Content that you can make available on the Services. You agree that Excalibur retains the right to create reasonable limits on Excalibur’s use and storage of Content, including Content you provide to the Services, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by Excalibur in its sole discretion.

Open source​

Some software used in our Services may be offered under an open-source licence. There may be provisions in an open-source licence that expressly override some of these terms. If so, we will make that open-source licence available to you.

Digital Wallet​

You may be able to connect a compatible third-party digital wallet (“Digital Wallet”) to your Account, either to receive or pay Contributions, as applicable. You may be required to download a supported bridge extension in order to connect and unlock your digital wallet through the Services. Whether a particular Digital Wallet is accepted as a payment method by Excalibur or otherwise compatible with the Services is subject to change at any time in Excalibur’s sole discretion, but any changes will only take effect following notice to you.

Excalibur NFTs​

You may be able to unlock certain benefits associated with non-fungible tokens issued by Excalibur and hosted on the Solana blockchain (“Excalibur NFTs”) using a Digital Wallet connected to the Services. The then-current owner of an Excalibur NFT who has linked their Digital Wallet to their Account may be entitled to access certain limited or members-only features on or through the Services, in each case in accordance with the then-current functionalities of such Services and as may be modified by Excalibur from time to time in Excalibur’s sole discretion on prior notice to you. EXCALIBUR NFTS ARE NOT EXCHANGEABLE OR REDEEMABLE FOR FIAT CURRENCY OR ANY OTHER CURRENCY THROUGH THE SERVICES. EXCALIBUR DOES NOT AND CANNOT GUARANTEE THAT YOU WILL BE ABLE TO REDEEM ANY EXCALIBUR NFTS FOR ANY SPECIFIC BENEFITS, FEATURES, OR PRIVILEGES AT ANY TIME.Once you redeem Excalibur NFTs for certain benefits, features, or privileges, those privileges may not be returnable, exchangeable, or refundable.]

Content​

Uploading Content​

If you have an Account, you may be able to upload Content to the Services. If you choose to upload Content, you must not submit to the Services any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Services.

Rights You Grant​

You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Excalibur and other users of the Services, as described below.

Licence to Excalibur​

By providing Content to the Services, you hereby grant Excalibur a fully paid, royalty-free, worldwide, non-exclusive right and license to use, sublicense, distribute, reproduce, modify, adapt, and display, your Content (in whole or in part) for the purposes of: (i) promoting and providing the Services, including making your Content available to other users; (ii) improving the Services; and (iii) and monitoring and analysing Content usage of the Services in order to derive and share insights based on Content and usage of the Services for research purposes. Except with respect to your Content, you agree that you have no right, title, or interest in or to any other user’s Content that appears on or in the Services.

Moral Rights Waiver​

You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.

Licence to other Users​

You also hereby grant each user of the Services a fully paid, royalty-free, worldwide, non-exclusive licence to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under this Agreement.

Duration of Licence​

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Services, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Excalibur to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

Removing Your Content​

You may remove your Content from the Services at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by this Agreement.

Removal of Content by Excalibur​

If we reasonably believe that any of your Content (1) is in breach of this Agreement, or (2) may cause harm to Excalibur, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Excalibur; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, or to Excalibur.

Restrictions​

You agree not to upload any Content or take any action using the Services that: (i) may create a risk of, glorify, encourage, or threaten violence, harm, physical or mental injury, emotional distress, death, disability, disfigurement, self-harm, or any other loss or damage to you or any other person or to any animal or to any property; (ii) may discriminate against, degrade, shame, or harass, encourage, glorify, or promote violence toward any person or any groups of persons; (iii) contains or depicts sexual acts or sexually explicit or pornographic material; (iv) seeks to harm, exploit, or groom children by exposing them to inappropriate content or soliciting personally identifiable details or otherwise; (v) may constitute, contribute to, depict, or encourage, a crime, illegal activity, or a violation or infringement of any third party’s rights; (vi) solicits or seeks to obtain or discloses the personal information of any other person; (vii) you do not have the right to make available or to take under any law or under contractual or fiduciary relationships; (viii) deceptively impersonates another person or entity or contains information that is fraudulent or that you know is not correct and current; (ix) we deem to be otherwise unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; or (x) we deem in violation of the Acceptable Use Policy in Section 2.6.

No Obligation to Pre-Screen Content​

Excalibur may, but is not obligated to pre-screen, refuse or remove any Content for any reason, including if Content violates the Agreement or is otherwise objectionable. Excalibur has no responsibility or liability for the deletion or accuracy of any Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content, including without limitation chat, text, video, or voice communications.

Representations and Warranties​

You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (i) make available all of your Content on the Services; and (ii) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including your Content.

Feedback​

We welcome any and all feedback to help us build a better service. If you provide Excalibur with any feedback or suggestions regarding the Services (“Feedback”), you acknowledge that we can freely use such Feedback in any manner. Feedback you provide is not confidential or proprietary to you. So, please do not provide Excalibur any information or ideas that you consider to be confidential or proprietary.

Registration Fee and Contributions; Payment Terms​

Registration Fee​

If you would like to upload Content to the Services, you will be required to pay a one-off initial registration fee (the “Registration Fee”). You agree to pay the Registration Fee in accordance with the pricing and payment terms in effect at the time the Registration Fee is due and payable, as indicated at point of sale or otherwise on the Services. We may change the value of the Registration Fee from time to time, but any price changes will only take effect following notice to you.

Optional Contributions​

You have the option, but are not obliged to, make a financial contribution to another user who has uploaded Content on the Services (a “Contribution”). Where a user decides to pay a Contribution, Excalibur will retain twenty percent (20%) of the total value of the Contribution, as commission.

Payment Methods​

You may pay for the Registration Fee and for any Contributions by using your Digital Wallet. You may not substitute any other currency, including cryptocurrency, for the currency in which you have contracted to pay at the point of sale. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase. Whether or not Excalibur accepts a particular currency or payment method is subject to change at any time in Excalibur’s sole discretion, but any change will only take effect following notice to you.

No Refunds​

THERE ARE NO REFUNDS IN RESPECT OF THE REGISTRATION FEE OR ANY CONTRIBUTIONS PAID ON OR THROUGH THE SERVICES.

Taxes​

You are responsible for any applicable taxes that may arise in connection with the Registration Fee and/or any Contributions you make.

Liability​

Disclaimer​

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, Excalibur does not make any specific promises about the Services. For example, we don’t make any promises about: (i) the Content provided through the Services; (ii) the specific features of the Services, or their accuracy, reliability, availability, or ability to meet your needs; or (iii) that any Content you submit will be accessible or stored on the Services.

Beta Features​

From time to time, Excalibur may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Excalibur’s sole discretion. The provisions of this Section apply with full force to such features or tools.

No Liability for Conduct of Third Parties​

You acknowledge and agree that Excalibur is not liable, and you agree not to seek to hold Excalibur liable, for the conduct of third parties, including operators of external sites, third party platforms, or other users and that the risk of injury from such third parties rests entirely with you.

No Liability for User Interactions​

Your interactions with other users are solely between you and such users. We simply host the Services and do not control your interactions with other users. You agree that Excalibur will not be responsible for any loss or damage incurred as the result of any such interactions.

Limitation of Liability​

For all users​

  • Nothing in this Agreement is intended to exclude or limit any party’s liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability that cannot be excluded or limited by law.

  • To the extent permitted by applicable law, Excalibur will not be responsible for:

  • losses that were not caused by Excalibur’s breach of this Agreement;

  • any loss or damage that was not, at the time that this Agreement was formed between you and Excalibur, a reasonably foreseeable consequence of Excalibur breaching this Agreement; or

  • the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.

For business users only​

  • If you are using the Services for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:

  • Excalibur will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and

  • Excalibur’s total liability for any claims arising from or relating to the Services is limited to the greater of: (a) the amount of commission that Excalibur has received as a result of Contributions made to you in relation to your Content in the twelve (12) months before the date of your notice, in writing to Excalibur, of the claim, and (b) £500.

Term and Termination​

Term​

You and we agree that, subject to any eligibility requirements for accessing and using the Services or entering into the Agreement, the Agreement commenced on the earlier to occur of: (i) the date you first used the Services; or (ii) the date you accepted the Agreement, and the Agreement will remain in full force and effect while you use the Services, unless earlier terminated in accordance with this Section 6.

Termination or Suspension of Services by Excalibur​

Excalibur reserves the right to suspend or terminate your Account or your access to all or part of the Services if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates liability or harm to any user, other third party, or to Excalibur.

Notification of Termination or Suspension by Excalibur​

We will notify you with the reason for termination or suspension by Excalibur, unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Services; or (d) would cause harm to any user, other third party, or to Excalibur.

Termination of the Agreement by You​

You may stop using the Services, and deleting your Account, at any time, which will have the effect of terminating this Agreement.

Effect of Termination​

Termination of this Agreement, your Account, or of your access to or use of any Services may include removal of access to the Services barring further use of such Services. Termination of this Agreement or your Account also includes disassociation or deletion of your username, your password, and all related information, files, and Content associated with or inside your Account (or any part thereof), including Content you have uploaded to the Services. Upon termination of the Agreement, your right to use the Services will automatically terminate. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

General​

Changes​

We may change this Agreement, for example, to reflect changes to our Services or how we do business – for example, (i) when we add new products or features or remove old ones, (ii) for legal, regulatory, or security reasons or (iii) to prevent abuse or harm. If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (i) when we launch a new product or feature, or (ii) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Services.

Electronic Communications​

The communications between you and Excalibur use electronic means, whether you use the Services or send us emails, or whether Excalibur posts notices on the Services or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Excalibur in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Excalibur provides to you electronically satisfy any legal requirement that such communications would satisfy if it were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.

We may transfer this Agreement to someone else​

We may transfer our rights and obligations under this Agreement to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.

Nobody else has any rights under this Agreement​

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

Severance​

Each of the Sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.

No waiver​

If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Governing law and jurisdiction​

This Agreement is governed by Englissh law and we both agree to submit to the non-exclusive jurisdiction of the English courts.

Contact Information: You can contact Excalibur at support@excalibur.fm