WhaleRoom

End User License Agreement

Parties

This agreement is made between 12948231 Canada Inc., a Canadian federal corporation (“Us”, “We”, or “Our”) that is the operator of WhaleRoom.org and its associated ecosystem (“WhaleRoom”), and you, an individual person (“You” or “Your”).

Chat Rooms and Minimums

WhaleRoom permits You to join “rooms” to interact with other holders of the applicable cryptocurrency/tokens (“Digital Assets”), provided that You prove cryptographically that You possess at least the stated minimum quantity (e.g. using Metamask). If You choose to make use of a room with a minimum quantity of Digital Assets then You must be the owner of the corresponding account used to prove the specified quantity. Additionally, You must be of the age of majority in Your jurisdiction and at least 13 years old.  

Memberships

WhaleRoom does not require a paid membership to use it, but You may choose to do so in order to gain the benefit of additional features, status, etc. If You have purchased a membership with particular terms, rights, conditions, features, privileges, etc., then those terms shall apply to Your use of WhaleRoom, notwithstanding any term of this agreement. Extra features of WhaleRoom (e.g. third-party research and analysis tools) are only for Your use (and may not be redistributed or shared). Lifetime memberships are valid for the lifetime of Whaleroom, but We may choose to stop offering lifetime memberships at any time. We reserve the right to stop offering certain membership programs at any time.

Your Conduct

Your use of WhaleRoom is contingent on following the rules for WhaleRoom:

  1. Be reasonable. Do not harass other users, threaten anyone, or act in a way that’s inconsistent with the WhaleRoom community that You are a part of.
  2. Be considerate. Rooms are only for members. Do not share screenshots or messages from rooms with non-users.
  3. Be respectful. Do not post content that is deliberately shocking or offensive such as sexually explicit materials, racist messages, or other disruptive content.
  4. Be kind. Be respectful of Our moderators and other staff who are trying to create a great experience for WhaleRoom users. 
  5. Follow the law. Do not use WhaleRoom for illegal conduct or use it in a way that is illegal under the laws of Canada or under the laws of the place where You access WhaleRoom from.
  6. Do not advertise or promote your own products or services inside rooms unless you are an official room owner or moderator. You will be muted after one warning.

User-Generated Content

We are not responsible for user-generated content. Any content that You use in connection with WhaleRoom must be either Your own creation or be content for which You have the global right to make use of it in connection with WhaleRoom. All content that You post or create shall remain Your own, other than being licensed to Us for the purpose of displaying it within WhaleRoom. You agree that We may also redistribute Your user-generated content, transform it, store it, and use it for any other purpose that is common to chat systems or is technically required for the functioning of WhaleRoom, on a sublicensable, royalty-free, worldwide basis. 

 

You are responsible for Your user-generated content. You agree to release Us from any liability regarding user-generated content and indemnify Us against any claims made in relation to user-generated content that You submit to WhaleRoom. 

P2P Functionality

WhaleRoom is connected to a peer-to-peer participation system (“P2P System”) that involves staking and other complex blockchain functionality that You may make use of. If You choose to engage with the P2P System then You shall do so at Your own risk and with the understanding that We have no control over the P2P System as it is an autonomous smart contract-based system that is running on the Ethereum network. Any claims made by Us regarding the P2P System are summaries of the functionality and may not be relied upon because the actual rules of the system are encoded into the programmatic rules of the P2P System. We do not guarantee any of the functionality of the P2P System and do not receive any of the Digital Assets that You may use with the P2P System, all of which flows to other users of the P2P System. 

 

Blockchain transactions are typically irreversible and You must take care to use the P2P System carefully to avoid accidentally losing Digital Assets. We strongly recommend that You test any transactions with small amounts of Digital Assets before using the P2P System to its full extent. 

License To Use

You may use Whaleroom for Your own personal use. WhaleRoom is licensed to You on a personal, royalty-free, non-sublicensable, non-transferrable, worldwide basis. The foregoing license is contingent upon You lawfully using WhaleRoom, and only using it in jurisdictions that are not subject to sanctions by the Canadian federal government. 

Availability

Although We try to ensure that Whaleroom is available at all times, We do not guarantee that it will always be available or that it will function without errors.  Furthermore, some features may be temporarily or permanently disabled or changed, without any notice to You. 

Indemnification

You agree to indemnify Us for any claims brought by third parties against Us in relation to Your use of Whaleroom, breach of this agreement, or violations of intellectual property rights. 

Limitation of Liability

Our liability to You shall be limited to the greater of: a) $100 Canadian Dollars; or, b) the amount that You have paid to Us in the 24 months preceding notice of Your claim. The foregoing limitation of liability shall apply no matter the cause of action or type of claim, and shall include legal fees, punitive damages, and any other amount that We may be liable to You for.

No Warranty

WhaleRoom is provided as-is and without warranty of any kind (e.g. merchantability, fitness for a specific purpose, etc.). 

No Refunds

If You pay Us to use Whaleroom or pay for certain features within WhaleRoom then those payments shall not be refundable.

Amendment

You may not amend this agreement but We may, after providing You with 15 days notice. 

Assignment

This agreement may only be assigned by Us as part of the sale of all or substantially all of Whaleroom or as part of a corporate restructuring or acquisition. You may not assign this agreement 

Consumer Protection

In some jurisdictions, consumer protection laws may apply in a way that overrides the terms of this agreement. The parties acknowledge that any inconsistency between this agreement and the laws of Your local jurisdiction shall be resolved in favour of the laws of Your local jurisdiction with respect to consumer protection or other applicable laws that apply in a manner that supersede contracts.

Choice of Forum and Governing Law

This agreement shall be governed by the laws of the Province of Quebec, Canada. Any disputes related to this agreement shall be heard in the courts of Montreal, Quebec, Canada. 

Entire Agreement

This agreement is the entire agreement between the parties with respect to Whaleroom and supersedes any and all other understandings, representations, or agreements that may exist between the parties.