Last Updated: March 10th, 2025.
Welcome to FactCheck by Loch. These Terms of Service are a binding legal agreement between you and Loch.
These Terms of Service govern your use of the Services. Capitalized terms used herein have the meaning given either when first used or in Section 19 (Definitions) below.
By accessing or using the Services in any way, including without limitation by visiting the Website, downloading the App, and/or connecting a Wallet to the Services, you represent that:
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES.
THE SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY AND LOCH DOES NOT PROVIDE ANY FINANCIAL OR INVESTMENT ADVICE OR RECOMMENDATIONS, WITH RESPECT TO ANY MARKETS OR OTHERWISE.
PLEASE BE AWARE THAT SECTION 16(a) OF THIS AGREEMENT CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM LOCH.
SECTION 14 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND LOCH. AMONG OTHER THINGS, SECTION 14 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 (ARBITRATION AGREEMENT) CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 14) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 14(j) (30-DAY RIGHT TO OPT OUT):
Your use of, and participation in, certain Services may be subject to Supplemental Terms, which will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
The Services allow users to discover, track and interact with third-party blockchains, Wallets, and data generated by compatible third-party blockchain applications.
LOCH IS NOT A BROKER, FINANCIAL INSTITUTION, FINANCIAL ADVISOR, INVESTMENT ADVISOR, OR INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN. LOCH CANNOT INITIATE A TRANSFER OF ANY OF YOUR CRYPTOCURRENCY OR DIGITAL ASSETS OR OTHERWISE ACCESS YOUR DIGITAL ASSETS. LOCH HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT IN CONNECTION WITH YOUR USE OF THE SERVICES. WE DO NOT RECOMMEND, ENDORSE, OR OTHERWISE TAKE A POSITION ON YOUR USE OF THESE SERVICES.
Loch specifically disclaims any fiduciary relationship or duty toward you, and you alone bear responsibility for all financial, tax, and compliance obligations arising from your use of the Services.
LOCH IS NOT CAPABLE OF PERFORMING TRANSACTIONS OR SENDING TRANSACTION MESSAGES ON YOUR BEHALF. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICES ARE INITIATED BY YOU THROUGH YOUR WALLET AND COMPLETED THROUGH THE APPLICABLE THIRD-PARTY SERVICE.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY LOCH IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Loch will make a new copy of the Terms of Service available within the Services and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Agreement will be effective immediately for new users of the Website and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website and/or Services for existing users of the Services. Loch may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.
Loch’s Services include access to its proprietary online platform, including the App and Website and supporting documentation made available therewith, that allows users of the Services to view and interact with fact-check markets, including by connecting Wallets to the Services and using the Services to assist in drafting transaction messages between such Wallet and the provider of such fact-check market. Markets are displayed based on predetermined algorithms developed or designed by us. The display of any Market on the Services, including without limitation as designated "trending" or similar, does not and shall not be deemed to constitute a recommendation that any user should participate or refrain from participating in that Market or any other Market. THE SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY. YOU ACCESS AND USE THE SERVICES AT YOUR OWN RISK.
(1) The Services Are Intended Only for Adults 18+.
The Services are intended only for access and use by individuals at least eighteen (18) years old. If you are under 18, you are strictly prohibited from using the Services.
(2) Prohibition on US Persons, Sanctioned Territories, and VPN
You are strictly prohibited from using the Services if you are a “US Person” or located in any “Sanctioned Territory.” You must not use a VPN or other tools to conceal your location or circumvent these geo-restrictions.
Registered Users can use the Services to (i) aggregate and display publicly available information related to any Digital Assets that are associated with the applicable Registered User's Wallet ("User Assets"), and (ii) draft transaction messages which the Registered User can independently use in conjunction with a Wallet to purchase and/or sell tokens in fact-check markets. User Asset visualizations may include graphs, projections, and other information about your User Assets (collectively, "User Asset Information"). Information that may be provided to you by the Services about your allocation of your User Assets and any Incentives earned in connection therewith are all considered User Asset Information. You acknowledge that User Asset Information is provided by Third-Party Services and Loch is not liable for any losses by you based on your use of or reliance on User Asset Information. We encourage you to independently verify all User Asset Information.
You represent and warrant that (a) you own or have the authority to connect to the Wallet from the third-party source of funds that you use to fund such Wallet; (b) you own or have the authority to transfer any User Assets you transfer through the Services; (c) all User Assets you transfer in connection with the Services have been earned, received, or otherwise acquired by you in compliance with all applicable laws; and (d) no User Assets that you transfer in connection with the Services have been "mixed," "tumbled" or otherwise undergone any process designed to hide, mask, or obscure the origin or ownership of such User Assets.
The Services may not be compatible with all forms of Digital Assets, and certain of your User Assets may not be compatible with the Services. Whether or not a User Asset is then-currently compatible with the Services may change at any time, in Loch’s sole discretion, with or without notice to you.
By combining publicly available information with your interactions with the Services, the Services can draft standard transaction messages that are designed to accomplish your operational goals as expressed through the interactions with the Services. You may broadcast such messages to the validator network for any supported blockchain in order to initiate a transaction of User Assets. All draft transaction messages are delivered by the Services via API to a Wallet selected by the applicable Registered User. The Registered User must personally review and authorize all transaction messages that the Registered User wishes to execute; this requires the Registered User to sign the relevant transaction message with the Registered User's Private Key, which is inaccessible to the Services or Loch. The Registered User-authorized message will then be broadcast to validators through the Wallet, and the Registered User may pay a Gas Fee to have the validators record the results of the transaction message on the applicable blockchain, resulting in a transfer of User Assets. Loch and the Services are not agents or intermediaries of the Registered User, do not store or have access to or control over any User Assets, private keys, passwords, accounts or other property of the Registered User, and are not capable of performing transactions or sending transaction messages on behalf of the Registered User.
You are solely responsible (and Loch has no responsibility) for determining what, if any, taxes apply to any transactions involving your User Assets, including your purchase or sale of any fact-check market tokens or receipt of any Incentives.
You, as the user, bear sole responsibility for all tax obligations related to your use of the Services (including reporting and payment). Loch disclaims any liability with respect to your tax obligations.
The Services are protected by copyright laws throughout the world. Subject to the Agreement, Loch grants you a limited license to reproduce portions of the Services for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Loch in a separate license, your right to use any and all the Services is subject to the Agreement.
Subject to your compliance with the Agreement, Loch grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, you will only use any App Store Sourced App (a) on an Apple-branded product that runs the iOS and (b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Notwithstanding anything else set forth herein, with respect to any Google Play Sourced App, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
You understand that the Services are evolving. You acknowledge and agree that Loch may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
In connection with certain features of the Services you will need to create and/or connect a Wallet owned or controlled by you. Access to and use of a Wallet is subject to additional terms and conditions between you and the provider of such Wallet. Please note that if a Wallet or associated service becomes unavailable then you should not attempt to use such Wallet in connection with the Services, and we disclaim all liability in connection with the foregoing, including without limitation any inability to access any User Assets you have sent to or stored in such Wallet. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR WALLET IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND LOCH DISCLAIMS ANY LIABILITY FOR INFORMATION THAT MAY BE PROVIDED TO IT OR USER ASSETS THAT MAY BE TRANSFERRED TO THE PROTOCOL BY OR THROUGH SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE SETTINGS THAT YOU HAVE SET IN SUCH WALLETS. Access to your Wallet may require the use of a private key, passphrase, or third-party service ("Private Key") and Loch has no ability to access your Wallet without your involvement and authority. Your Private Key is unique to you and shall be maintained by you. If you lose your Private Key, you may lose access to your Wallet and any contents thereof. Loch does not have the ability to recover a lost Private Key. While a Wallet may be interoperable with other compatible blockchain platforms, tokens, or services, only User Assets supported by Loch that are stored in your Wallet will be accessible through the Services.
Introduction of a New Digital Smart Wallet.
We may introduce a digital smart wallet—custodied by a third party—during signup. This smart wallet can hold USDC, track your trades, and let you purchase USDC (including via Apple Pay, MoonPay, or Coinbase Pay where supported). You are fully responsible for securing any crypto in that wallet.
If you use the integrated smart wallet, you may deposit USDC or buy USDC with Apple Pay. You understand crypto asset values are volatile, and you proceed at your own risk.
You acknowledge and understand that markets displayed on the Platform are resolved by Artificial Intelligence Large Language Models in accordance with a Market’s pre-defined rules. This network of LLMs may or may not be open-source, including but not limited to Claude 3.5 Sonnet, DeepSeek, Gemini Advanced 1.5 Flash, Gemini Advanced 1.5 Pro with Deep Research, Gemini Advanced 2.0 Flash, Gemini Advanced 2.0 Flash Thinking Experimental, Gemini Advanced 2.0 Pro Experimental, Gemini Advanced 2.0 Pro Thinking Experimental with Apps, GPT4o, Grokk, Liberty Freedom GPT, Llama, Mistral, Nouse Hermes 3, o1, o1 pro Deep research, o1 pro mode, o3 mini, and o3 mini high. The AI network’s resolution stands even if it contradicts popular consensus. Users who disagree with the resolution are encouraged to create new markets and provide more compelling evidence. We believe that the free market is an exceptional truth-seeking incentive mechanism. Furthermore, new evidence is always possible to be found. Therefore, the same market could resolve to a different outcome at a later date. This is why markets have clear expiration dates.
Disclaimer Regarding AI Limitations. Loch does not own, develop, or comprehensively audit these Large Language Models and makes no representations regarding their source code, licensing, or performance. By using these models’ outputs, you expressly acknowledge that any resolution or data provided may be imprecise, incomplete, or contain biases. Loch does not guarantee the correctness or reliability of any AI-driven resolution, and will not be liable for any losses, damages, or other claims arising from inaccurate or unexpected AI determinations. All AI output is provided on an “as is” basis, and users should exercise independent judgment before relying on any such output.
Events, Market Rules, & Right to Close Positions.
We may refer to fact-check markets as “Events,” governed by Market Rules. We reserve the right to close or terminate your positions if you fail to comply with those Market Rules or any other part of these Terms.
Limited Remedy for Incorrect Market Resolution.
If you dispute a market/prediction result and it is ultimately determined to be incorrect, your sole remedy (and our sole liability) is a refund of the amount you originally used for that disputed position.
In order to access certain features of the Services, you may be required to register an account on the Services ("Account"), connect a Wallet to the Services, create a Wallet through a Third-Party Service, and/or have an account with the app store from which you downloaded the App. You acknowledge and agree that our obligation to provide you with any Services is conditioned on the Registration Data (defined below) being accurate and complete at all times during the term of this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or Loch has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Loch has the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof). You agree not to use the Services if you have been previously removed by Loch, or if you have been previously banned from any of the Services.
In registering an Account on the Services, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
Identity Checks (KYC) & Personal Data.
You agree that we may require “know-your-customer” (KYC) and anti-money laundering checks, and you consent to our collection of personal data needed for such checks. All personal data is handled according to our Privacy Policy.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Loch. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to notify Loch immediately of any unauthorized use of your password or any other breach of security. If you provide any Registration Data or other information that is untrue, inaccurate, incomplete or not current, or Loch has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Loch has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. You agree not to create an Account or use the Services if you have been previously removed by Loch, or if you have been previously banned from any of the Services.
You represent and warrant that:
You must provide all equipment, software, and hardware necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You are solely responsible for keeping your hardware devices secure. Loch will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid transfer initiated from the Services.
(a) Types of Content. You acknowledge that all Content, including the Services, is the sole responsibility of the party from whom such Content originated. This means that you and other Registered Users of the Services, and not Loch, are responsible for all User Content. You represent and warrant to and for the benefit of Loch that you have all rights necessary in and to any User Content you make available on the Services to grant the licenses granted in Section 4(d), below.
(b) Fact-Check Market Tokens. FOR THE AVOIDANCE OF DOUBT, AND NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, LOCH DOES NOT CREATE, OFFER, PROMOTE, OR OTHERWISE HAVE ANY RESPONSIBILITY FOR ANY TOKEN, INCLUDING WITHOUT LIMITATION ANY CONTENT THEREIN. YOU ACCESS AND USE ALL TOKENS AT YOUR OWN RISK.
(a) The Services. Except with respect to any OSS, your Wallet, and any User Content that you make available, you agree that Loch and its licensors own all rights, title and interest in and to the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
(b) Open Source Software. You acknowledge that the Services may use, incorporate or link to certain OSS and that your use of the Services is subject to, and you will comply with any applicable OSS licenses. Each item of OSS is licensed under the terms of the end-user license that accompanies such OSS. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the OSS. If required by any license for particular OSS, Loch makes such OSS, and Loch's modifications thereto, available by written request at the notice address specified below.
(c) Trademarks. Loch, and all related graphics, logos, service marks and trade names used on or in connection with any the Services or in connection with the Services are the trademarks of Loch and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
(d) Your User Content. Loch does not claim ownership of your User Content. However, when you as a Registered User post or publish your User Content on or in the Services or use User Content in connection with the Services, you represent that you own and/or have, and have all rights necessary to grant to Loch and do hereby grant to Loch, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, including without limitation to train generative artificial intelligence tools, for the full term of any worldwide intellectual property right that may exist in your User Content.
(e) AI Training Disclaimer. You acknowledge and agree that any User Content you provide may be used, in aggregated or anonymized form, to train, refine, or otherwise improve Loch’s (or its partners’) generative artificial intelligence models. Loch does not guarantee how or whether such models may incorporate any distinctive elements from your User Content. Furthermore, Loch disclaims any liability for the creation or output of AI-based tools, and you understand that any AI-generated results are provided “as is,” without warranty or guarantee of any kind, as described in Section 11.
(f) Feedback. You agree that submission of Feedback is at your own risk and that Loch has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Loch a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, for any purpose.
You agree that you are solely responsible for your conduct in connection with the Service. You agree that you will abide by this Agreement and will not (and will not attempt to): (a) provide false or misleading information to Loch; (b) use or attempt to use another Registered User's Wallet without authorization from such Registered User; (c) pose as another person or entity; (d) Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Registered Users from fully enjoying the Services, or that could damage, disable, overburden or impair the that could damage, disable, overburden or impair the functioning of the Services in any manner; (e) develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services; (f) bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services; (g) attempt to circumvent any content-filtering techniques we employ; (h) use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality; (i) collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; (j) use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); (k) bypass or ignore instructions that control all automated access to the Services; (l) use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; (m) use your Wallet to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services; (n) engage in or knowingly facilitate any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering" or fraudulent, deceptive or manipulative trading activities, including: (i) trading a Digital Asset at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such Digital Asset, unduly or improperly influencing the market price for such Digital Asset on the Services or any Project or establishing a price which does not reflect the true state of the market in such Digital Asset; (ii) for the purpose of creating or inducing a false or misleading appearance of activity in a Digital Asset or creating or inducing a false or misleading appearance with respect to the market in a Digital Asset: (Y) executing or causing the execution of any transaction in a Digital Asset which involves no material change in the beneficial ownership thereof; or (Z) entering any order for the purchase or sale of a Digital Asset with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such Digital Asset, has been or will be entered by or for the same or different parties; or (iii) participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of a Digital Asset;
(o) use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings or other similar transactions; (p) use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that (i) are redeemable for financial instruments, (ii) give owners rights to participate in an ICO or any securities offering, or (iii) entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts; (q) make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; or (r) attempt to access any Wallet that you do not have the legal authority to access. Any unauthorized use of any Services terminates the licenses granted by Loch pursuant to the Agreement.
Prohibitions on Manipulative Practices & VPN Usage.
You are forbidden from using manipulative trading tactics (including wash trading, pump-and-dump, front-running), and you must not use a VPN or other techniques to circumvent location or identity restrictions, especially if you are a US Person or in a sanctioned region.
(a) Fees. You shall pay all fees or charges ("Fees") to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. Fees may include per-transaction payments for fact-check market tokens purchased or sold in connection with the Services, in each case as set forth on the Services at the time of the applicable transaction. As of March 10, 2025: a 2.5% transaction fee is charged every time a user places an order. 45% of the fee generated from each order is shared with the referring user (if any), 5% is shared with the creator of the market. This fee structure may change from time to time.
(b) Gas Fees. To the extent applicable in connection with a particular Service, you will be solely responsible for ensuring that you have sufficient User Assets in your Wallet to cover any Gas Fee required to complete any transaction or effect any other use of the Services. "Gas Fees" are transaction fees determined by market conditions on the applicable protocol, and are not determined, set, or charged by Loch.
(c) Taxes. You are responsible for all federal, state, local, sales, use, value added, excise, or other taxes, fees, or duties arising out of the Agreement or the transactions contemplated by the Agreement (other than taxes based on Loch’s net income).
(d) Promotions. Loch may from time to time make available certain conditional offers, airdrops, promotional prices, or discounted Fees (each, a "Promotion") to new or existing users of the Services. The rules governing such Promotion will be made available in connection with such Promotion. Loch will determine your eligibility for any Promotion in its sole discretion and may change the terms of or terminate a Promotion at any time, with or without notice to you.
(e) Currency. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay any Fees. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, will impact or excuse your obligations with respect to any purchase.
(f) Payment Service Provider. Loch uses one or more third-party service providers for payment services (e.g., card acceptance, Digital Asset onramps, cryptocurrency payments, merchant settlement, and related services) (each, a "Payment Service Provider"). Please note that online payment transactions may be subject to validation checks by our Payment Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Payment Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud, and you authorize it to reduce fraud, and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Payment Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. We may add or change Payment Service Providers at any time in our sole discretion.
(g) Payment. By providing Loch and/or our Payment Service Provider with your payment information, you agree that Loch and/or our Payment Service Provider is authorized to immediately invoice your Account for all Fees due and payable to Loch hereunder and that no additional notice or consent is required. You shall immediately notify Loch and/or our Payment Service Provider of any change in your payment information to maintain its completeness and accuracy. Loch reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Loch and/or our Payment Service Provider, as applicable, or our inability to collect payment constitutes your material breach of this Agreement. Except as expressly set forth in this Agreement, all Fees for the Service are non-refundable.
Loch reserves the right, but is not obligated, to monitor or review the Services and Content at any time. Without limiting the foregoing, Loch shall have the right, in its sole discretion, to remove any of your User Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Loch does not generally monitor user activity occurring in connection with the Services or Content, if Loch becomes aware of any possible violations by you of any provision of the Agreement, Loch reserves the right to investigate such violations, and Loch may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove your User Content, in whole or in part, without prior notice to you. If Loch believes that criminal activity has occurred, Loch reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including your User Content, in Loch’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that your User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Loch, its users or the public, and all enforcement or other government officials, as Loch in its sole discretion believes to be necessary or appropriate.
(a) User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact, including without limitation any fact-check market; provided, however, that Loch reserves the right, but has no obligation, to intercede in such disputes. You agree that Loch will not be responsible for any liability incurred as the result of such interactions.
(b) Loch is not liable to you in connection with Loch’s or any third party's use of the Services to view such Connected Content that you have made publicly available. LOCH DISCLAIMS ANY LIABILITY FOR CONNECTED CONTENT, INCLUDING WITHOUT LIMITATION PERSONALLY IDENTIFIABLE INFORMATION, THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET. Loch makes no effort to review any Connected Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Loch is not responsible for any Connected Content.
You agree to indemnify and hold the Loch Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) your User Content; (b) your use of, or inability to use, any of the Services; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Loch reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Loch in asserting any available defenses. This provision does not require you to indemnify any of the Loch Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Agreement and/or your access to the Services.
In order to be successfully completed, any transaction involving Digital Assets initiated by or sent to your Wallet must be confirmed by and recorded on the blockchain supporting such Digital Asset. Loch has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant blockchain and does not have the ability to facilitate any cancellation or modification requests. In addition, certain fact-check market token transactions may support complex financial transactions that entail a high degree of risk. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law. You further accept and acknowledge that:
(a) You (i) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet; (ii) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Wallet; (iii) know, understand and accept the risks associated with your Wallet; and (iv) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to any Digital Assets you purchase or sell. You further agree that Loch will have no responsibility or liability for, such risks.
(b) The prices of Digital Assets can be extremely volatile. Loch makes no warranties as to the markets in which Digital Assets are transferred, purchased, or traded.
(c) You are solely responsible for determining what, if any, taxes apply to your transactions of Digital Assets. Loch is not responsible for determining the taxes that apply to Digital Asset transactions.
(d) Loch does not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on its supporting blockchain, and so any transfer of Digital Assets occurs within the supporting blockchain and not in the Services. The transaction details you submit via the Services may not be completed, or may be substantially delayed, as a result of activity or lack thereof on the blockchain used to process the transaction. Once transaction details have been submitted through your Wallet, Loch cannot assist you to cancel or otherwise modify your transaction or transaction details. Loch makes no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any Digital Asset.
(e) There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that Loch will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.
No FDIC/SIPC Insurance.
You acknowledge that digital assets (including any held or purchased via a smart wallet) are not insured by the FDIC, SIPC, or any other insurer, and values can fluctuate significantly. Any losses are your sole responsibility.
(a) As is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. LOCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. LOCH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. LOCH MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOCH OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(b) No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT LOCH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD LOCH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND PROVIDERS OF USER ASSET INFORMATION, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. LOCH MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LOCH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONNECTED CONTENT OBTAINED THROUGH THE SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT USER ASSET INFORMATION COMPRISES DATA PROVIDED BY THIRD PARTY SOURCES AND LOCH DOES NOT VERIFY THE ACCURACY OF SUCH DATA. YOU ARE RESPONSIBLE FOR VERIFYING ALL USER ASSET INFORMATION.
(c) Digital Assets. Notwithstanding anything to the contrary in these Terms of Service, Loch shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to (i) the ownership, validity or genuineness of any Digital Asset; (ii) the collectability, insurability, effectiveness, marketability or suitability of any Digital Asset; or (iii) any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond Loch’s control, including without limitation the failure of a blockchain, third-party service provider, or fact-check market resolver.
(d) LOCH IS NOT AN INVESTMENT OR FINANCIAL ADVISOR. NEITHER LOCH NOR ITS SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, OR DAMAGES OTHER LOSSES RESULTING FROM USE OF THE SERVICES OR ANY WALLET. NEITHER LOCH NOR ITS SUPPLIERS OR LICENSORS SHALL BE CONSIDERED AN "EXPERT" UNDER THE APPLICABLE SECURITIES LEGISLATION IN YOUR JURISDICTION. NEITHER LOCH NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT THESE SERVICES COMPLY WITH THE REQUIREMENTS OF ANY APPLICABLE REGULATORY AUTHORITY, SECURITIES AND EXCHANGE COMMISSION, RO ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
(e) Beta Features. FROM TIME TO TIME, LOCH MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH REGISTERED 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 LOCH’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
(a) Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL LOCH PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, ANY FACT-CHECK MARKET TOKEN OR OTHER VIRTUAL CURRENCY, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT LOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A LOCH PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A LOCH PARTY'S NEGLIGENCE; (ii) ANY INJURY CAUSED BY A LOCH PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
(b) Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, LOCH PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LOCH PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A LOCH PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A LOCH PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
(c) Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(d) Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOCH AND YOU.
(a) Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.
(b) Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services, or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.
(c) Termination of Services by Loch. Loch is free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of this Agreement. Loch has the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement. If we suspend your use of the Services, you may continue to access your Wallet directly or through other services not hosted by us. Loch will not have any liability whatsoever to you for any suspension or termination.
(d) Termination of Services by You. If you want to terminate the Services provided by Loch, you may do so by ceasing your use of the Services. You may continue to access your Wallet directly or through other services not hosted by us.
(e) Survival. 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.
(f) No Subsequent Use. If your ability to access the Services or any other Loch community is discontinued by Loch, then you agree that you shall not attempt to access the Services or any Loch community through use of a different Wallet, member name or otherwise. In the event that you violate the immediately preceding sentence, Loch reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Please read this section carefully. It is part of your contract with Loch and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Loch agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (i) you and Loch may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Loch may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
(b) Informal Dispute Resolution. There might be instances when a Dispute arises between you and Loch. If that occurs, Loch is committed to working with you to reach a reasonable resolution. You and Loch agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome ("Informal Dispute Resolution"). You and Loch therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Loch that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@factcheck.fun. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
(c) Waiver of Jury Trial. YOU AND LOCH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Loch are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14(a) (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(d) Waiver of Class and Other Non-Individualized Relief. YOU AND LOCH AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 14(h) (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 14(h) (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Loch agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Loch from participating in a class-wide settlement of claims.
Except where claims may be pursued in small claims court, all other disputes must be resolved via final and binding arbitration, as further outlined in this section.
The Services may contain or in some cases, integrate with our Services, certain Third-Party Services. When you click on a link to or access or use a Third-Party Service, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Loch. Loch is not responsible for any Third-Party Services. Loch provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Services, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(a) Electronic Communications. For contractual purposes, you (a) consent to receive communications from Loch in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Loch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").
(b) Release. To the maximum extent permissible by applicable law, you hereby release Loch Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Registered Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services. To the maximum extent permissible by applicable law, you waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any and all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar law or code in your jurisdiction, which states in substance "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." You acknowledge that the releases in these Terms of Service are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.
(c) Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Loch’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(d) Force Majeure. Loch shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
(e) Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at support@factcheck.fun. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
(f) Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Loch agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Delaware.
(g) Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
(h) Notice. You may give notice to Loch at the following email address: support@factcheck.fun. Such notice shall be deemed given if by email sent and expressly referencing this Section, within 24 hours of confirmed transmission.
(i) Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(j) Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
(k) International Users. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Loch intends to announce such Services or Content in your country. Loch makes no representations that the Services are appropriate or available for use in your location. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not use the Site or download the App or use the Functionality if (i) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial or other sanctions regime, or (ii) you intend to supply any Functionality to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial or other sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial or other sanctions regime.
(l) Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.
(m) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
(n) Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
You acknowledge and agree that the availability of the App and the Services is dependent on the App Store from whom you received the App license. You acknowledge that the Agreement is between you and Loch and not with the App Store. Loch, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store:
The Referral Program may from time to time offer Referrers the opportunity to receive certain Incentives for referring other Friends to register an Account on the Service, if a Friend uses the Referrer's Referral Link. This Section 18, in addition to the foregoing terms in this Agreement and any Additional Referral Terms, shall govern the Referral Program. The Referral Program is void where prohibited and you are solely responsible for ensuring that your participation in the Referral Program complies with all applicable laws, rules, and regulations.
Unless otherwise stated in Additional Referral Terms, subject to Referrer's ongoing compliance with the Agreement, each Referrer shall be entitled to receive the reward indicated in the Additional Referral Terms when any Friend uses such Referrer's Referral Link to sign up for an Account on the Services.
Loch may modify, suspend or terminate the Referral Program or your ability to participate in it at any time for any reason. For example, we reserve the right to review and investigate all referral activities, and to suspend access to the Services or revoke or void earned Incentives in our sole discretion if we notice any activity that we believe is abusive, fraudulent, in violation this Agreement or any Additional Referral Terms, or otherwise as we deem fair and appropriate. We also reserve the right to deactivate Referral Links or change the Incentives associated with the use of any Referral Link or Referral Program offer at any time for any reason. Without limiting the foregoing, Loch reserves the right, in its sole discretion, to retroactively revoke or void any Incentive that it deems, in its sole discretion, to be procured (i) in violation of this Agreement, including without limitation, (1) not in accordance with the eligibility requirements and (2) via distribution through unauthorized channels or in violation of any applicable law, rule or regulation; or (ii) in association with content that Loch deems offensive or inappropriate in its sole discretion. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language and content that incites or endorses hate or violence, is demeaning, disparages or damages the goodwill, reputation, or brand image of Loch, or incites or endorses discrimination in any form.
A referred individual may only use one Referral Link. If a referred individual receives Referral Links from multiple individuals, only the individual associated with the Referral Link actually used by the referred individual to sign-up for an Account on the Services will receive Incentives for the referral.
(a) "Additional Referral Terms" means any additional tools published in a referral invitation or otherwise associated with any particular Referral Program offer or promotional code.
(b) "Agreement" means this Terms of Service and any Supplemental Terms applicable to your use of the Services, including without limitation Additional Referral Terms.
(c) "App" means the mobile application made available by Loch.
(d) "App Store" means the app store from which you downloaded the App and may include the Apple App Store or Google Play Store.
(e) "App Store Sourced App" means an App accessed through or downloaded from the Apple App Store.
(f) "Arbitration Agreement" means the dispute resolution mechanism in Section 14.
(g) "Connected Content" means any Content or personal financial data that you have provided to and stored in your Wallet.
(h) "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials.
(i) "Digital Asset" means any cryptocurrency, cryptoasset, Memecoin, blockchain-based token, or other digital asset supported by the Services.
(j) "Feedback" means any ideas, suggestions, documents, and/or proposals that you submit to Loch through Discord or otherwise through the Services.
(k) "Friend" means an individual personally known by a Referrer.
(l) "Google Play Sourced App" means any App accessed through or downloaded from the Google Play store.
(m) "Incentive" means any benefit that a Referrer may receive as a result of participating in the Referral Program.
(n) "Token" means an entertainment-based Digital Asset that is not a representation of stored value, a security, a commodity, or any other regulated currency or financial instrument.
(o) "Loch", "we", or "us" means Loch, Inc.
(p) "Loch Parties" means Loch, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors.
(q) "OSS" or "Open-Source Software" means any software or components thereof subject to "open source" or "free software" licenses.
(r) "Referral Link" means a personal link or code used by a Referrer to refer Friends to the Services through the Referral Program.
(s) "Referral Program" means the referral rewards program offered by Loch subject to the terms of Section 18 of this Agreement and any Additional Referral Terms.
(t) "Referrer" means a Registered User that participates in the Referral Program.
(u) "Registered User" is a user who has an Account.
(v) "Services" means any products and services made available by Loch through the Website and the App (and inclusive of the Website and the App).
(w) "Supplemental Terms" means any terms or policies applicable to any products or services offered by Loch that are not addressed in these Terms of Service.
(x) "Terms of Service" means this Loch Terms of Service Agreement that governs your access to and use of the Services.
(y) "Third-Party Services" means any third-party websites, third-party applications, and advertisements for third parties accessible or otherwise connected to the Services but not provided by Loch.
(z) "User Content" means any Content that is made available by Registered Users on or through the Services.
(aa) "Wallet" means a software-based system for secure storage of cryptocurrency, cryptoassets, and payment information related thereto.
(bb) "Website" means the website available at https://loch.one/ and any associated subdomains through or to which these Terms of Service are linked.
(cc) "You" means the individual or legal entity, as applicable, that is using or accessing the Services, or that is identified as the user when you registered on the Services.
