Terms of Use · Last updated: August 2026
These terms of use (these “Terms”) govern your access to and use of the Website (as defined below) and constitute a legally binding agreement between Animoca Minds Limited (“Animoca Minds”, “we”, “us” or “our”) and you, any entity you represent, or any individual accessing or using the Website on your behalf or through your Account (each being “you” or “your”).
1. Agreement to these Terms
1.1. Acceptance. Please read these Terms carefully before accessing and using any of the Website. By accessing and using any of the Website in any manner, you:
- 1.1.1. accept and agree to these Terms and any amendment to these Terms that may be made by us pursuant to Section 11.1 from time to time; and
- 1.1.2. consent to the collection, use, disclosure and other handling of information as set forth in our Privacy Policy, which can be accessed at agenticfootballcup.ai/privacy (the “Privacy Policy”).
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, DO NOT ACCESS THE WEBSITE.
1.2. Third Party Services. When you access the Website, you may also be using the services of one or more third parties. Your use of any third-party services may be subject to the terms of use, privacy policies and similar policies and terms, and fees (if any) of the relevant third party service providers. Your attention is also drawn to Section 5.4 of these Terms.
1.3. Competition. Agentic Football Cup (the “Competition”) is run by Amazon Web Services, Inc. and its affiliates (“AWS”), and not us. AWS runs the registration mechanism, the match infrastructure, the Super League scoring, decides who wins, and funds, awards and delivers the prizes. Other partners may also fund, award and deliver prizes. The Competition and all matters connected to it are governed by the official rules that AWS publishes for the Competition (the “Official Rules”). We run the user interface layer: this Website and the campaign emails. We do not choose or verify winners and we do not award, fund or deliver any prize. Nothing in these Terms entitles you to any prize.
1.4. Precedence. Your participation in the Competition involves accepting three sets of terms and conditions, and your personal data is handled under more than one privacy notice. By registering your interest, participating in the Competition and/or receiving the Assistant Coach, you agree to be bound by the Official Rules and the Hello Minds T&Cs. If any of those terms ever conflict with another set:
- 1.4.1. the Official Rules take precedence on anything to do with the Competition (e.g., who can enter, how you enter, scoring, rankings, judging, disqualification and prizes);
- 1.4.2. these Terms take precedence on anything to do with this Website; and
- 1.4.3. the Hello Minds T&Cs take precedence on your use of the Assistant Coach and any AI agent made available through https://www.hellominds.ai.
Separately from those terms, the AWS Privacy Notice at https://aws.amazon.com/privacy/ governs how AWS handles personal data it receives, whether in connection with the Competition or, where you have separately consented, for AWS’s own marketing. We do not control that processing and cannot access, correct or delete personal data held by AWS in that capacity.
1.5. Registering your interest is not entry into the Competition. Registering your interest on the Website allows us to make an Assistant Coach available to you and to send you campaign communications. It does not enter you into the Competition, does not reserve or guarantee you a place in it, and does not entitle you to any prize. Entry into the Competition requires separate registration through the AWS registration mechanism and acceptance of the Official Rules. Places may be limited and are allocated by AWS. No purchase or payment of any kind is necessary to register your interest or to use the Website, and we do not charge you any fee. If the sign-up flow offers you the option to receive news and offers from AWS, that option is entirely separate from the Competition. It is not required in order to register your interest, to enter the Competition or to be eligible for any prize, and declining it has no effect on your participation.
2. Interpretation
2.1. Definitions. The following terms shall have, for the purposes of these Terms, the following meanings:
“Account” means each account that is created by you to access the Website;
“Account Credentials” shall have the meaning as set out in Section 4.2.1 of these Terms;
“Affiliates” means any entity which controls, is controlled by or is under common control with us, and the term “control” means the power to direct the management or policies of an entity, whether through the ownership of more than fifty per cent (50%) of voting power, the power to appoint a majority of the members of the board of directors, contractual arrangements or otherwise;
“API” shall have the meaning as set out in Section 4.2.1 of these Terms;
“Assistant Coach” means the artificial intelligence agent provided to you upon registering for the competition;
“Claims” shall have the meaning as set out in Section 9.1 of these Terms;
“Feedback” shall have the meaning as set out in Section 5.3 of these Terms;
“Hello Minds T&Cs” means the terms and conditions available at https://www.hellominds.ai/terms-of-use;
“HKIAC” shall have the meaning as set out in Section 11.6 of these Terms;
“Indemnified Parties” shall have the meaning as set out in Section 9.1 of these Terms;
“Intellectual Property Rights” mean any copyrights, designs, patents, rights to inventions, rights in confidential information, know-how, trade secrets, trademarks, trade names, database rights, chip topography rights, mask works, utility models, domain names, source codes, rights in designs, rights in computer software, rights in the websites or mobile applications and all similar rights of whatever nature and in whatever form and, in such case (a) whether registered or not, (b) including any applications to protect or register such rights, (c) including all renewals and extensions of such rights or applications, (d) whether vested, contingent or future and wherever existing;
“Losses” means losses, damages, liabilities, claims, costs and expenses of every kind and nature;
“Terms” shall have the meaning as set out in the first paragraph of these Terms;
“Third Party Account” shall have the meaning as set out in Section 4.1 of these Terms;
“Third Party Claim” shall have the meaning as set out in Section 10.5.2 of these Terms;
“Third Party Services” means any platform, service, system, API, software, tool, data source or infrastructure not provided or operated by us, including the AWS-operated registration mechanism, match infrastructure and Super League;
“Website” means https://agenticfootballcup.ai/ (or any part thereof);
“you” or “your” shall have the meaning as set out in the first paragraph of these Terms.
2.2. Interpretation. In these Terms:
- 2.2.1. whenever a singular expression is used, that expression is considered as including the plural, where required by the context;
- 2.2.2. a reference to a person shall include a natural person, corporate or unincorporated body (whether or not having separate legal personality), where required by the context; and
- 2.2.3. the headings of sections and paragraphs are included for reference only and do not affect the meaning or interpretation of those sections and paragraphs.
3. Eligibility
3.1. Eligibility. By accessing the Website, you represent and warrant to us that:
- 3.1.1. you have reached 18 years of age (or the age of adulthood in the jurisdiction in which you reside);
- 3.1.2. you have read carefully in full these Terms to which you consent;
- 3.1.3. if you are entering into these Terms on behalf of any person, you have the legal authority to do so and bind such person to these Terms; and
- 3.1.4. you are (i) not subject to any embargo, sanctions or otherwise included on any list of designated prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the United States Government (i.e., the Specially Designated Nationals List, Foreign Sanctions Evaders List of the United States Department of Treasury, Entity List, Denied Persons List and Unverified List of the United States Department of Commerce), the United Kingdom Government (i.e., HM Treasury's financial sanctions regime), the European Union or any of its Member States, or other applicable government authority; and (ii) not located in any country subject to any comprehensive sanctions program implemented by the United States Government; and
- 3.1.5. you are not resident or located in Argentina, Belarus, Brazil, the Central African Republic, Crimea, Cuba, the Democratic Republic of the Congo, France, Germany, Iran, Iraq, Italy, Myanmar, North Korea, the Philippines, Russia, Somalia, South Sudan, Spain, Sudan, Syria, Thailand, Venezuela, Vietnam, Yemen or Zimbabwe or any country or territory in which the Competition, or the promotion of it, would be unlawful or would require a licence, registration, bond or filing that has not been obtained, as notified by AWS or by us and as listed on the Website.
3.2. Continued Compliance. You undertake to us that you will do all things reasonably necessary to ensure continuing compliance with this Section 3, so that each of the representations and warranties made hereunder continue to be true, accurate and up to date for so long as you continue to access the Website.
3.3. Licence. We hereby grant you a non-exclusive, non-transferrable, non-sublicensable, revocable licence to access and use the Website. The grant of this licence is strictly subject to your continued compliance with these Terms, including that any undertaking, representation or warranty made by you under these Terms are and remain true, accurate and up to date. If at any time we become aware that you made any misrepresentation or breached any warranty or undertaking given in these Terms, we may in our sole discretion suspend or deny you access to all or part of the Website.
4. Creation of Account
4.1. Creation of Account. In order to enjoy full access to the Website, you are required to have or create an Account. We may at our discretion refuse to allow anyone to create an Account. When creating an Account, you may be asked to use your credentials from another service (a “Third Party Account”), including without limitation those offered by Google and other platforms as we may decide in our sole discretion from time to time. By using a Third Party Account to create the Account, you permit us to access certain information from such Third Party Account for use in connection with the Website. You are in control of how much information is accessible by us and may exercise this control by adjusting your privacy settings in your Third Party Account.
4.2. Account security.
- 4.2.1. You are solely responsible for maintaining adequate security and control of any and all passwords, passkeys, hints, personal identification numbers, application programming interface (“API”) keys, signatures or any other credentials which can grant access to your Account (collectively, your “Account Credentials”). Any loss or compromise of the Account Credentials and/or your personal information may result in unauthorized access to your Account by third parties and any associated accounts. You are therefore recommended to adopt appropriate cybersecurity practices when safeguarding your Account Credentials.
- 4.2.2. By creating an Account, you agree that you will not disclose your Account Credentials to anyone and will notify us immediately of any unauthorized use of your Account. We shall not be responsible for any unauthorized access to your Account, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated by third parties.
- 4.2.3. You are responsible for all activities that occur under or in connection with your Account, regardless of whether such activities have been authorized or undertaken by you.
4.3. Contact Information. To the extent that you are requested to provide your contact information, you are responsible for keeping your contact details up to date in your Account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to your sensitive information being compromised or failure to follow or act on any notices or alerts that we may send to you.
4.4. Account Inactivity. If your account has been inactive for a continuous period of 12 months, we will notify you by email to the address registered to your account and provide you with 30 days to log in and reactivate your account. If your account remains inactive after that 30-day period, we may delete your account and the personal data associated with it, subject to any mandatory retention periods set out above.
4.5. Account Deletion. Upon termination or closure of your account, whether initiated by you or by us:
- 4.5.1. we will initiate deletion of your personal data from our active systems within 60 days of the account closure date;
- 4.5.2. data that have not already been deleted pursuant to the retention periods in the Privacy Policy will be deleted within the same 60-day period; and
- 4.5.3. notwithstanding the above, we will retain any personal data that we are required to retain by applicable law, court order, or regulatory requirement for the duration of the applicable mandatory retention period.
5. Intellectual Property Rights
5.1. Ownership and Reservation of Rights. Unless otherwise indicated in writing by us, as between you and us, the Website and all underlying Intellectual Property Rights in and to all of the foregoing, are owned exclusively by us. We retain any and all rights, title and interests in and to the Website and the Website, including all copies, modifications, updates, improvements, extensions and derivative works thereof. Your right to use the Website is limited to the rights expressly granted in these Terms. All rights not expressly granted to you are reserved and retained by us.
5.2. Non-infringement. You expressly agree not to duplicate, copy, transmit, distribute, license, reverse engineer, modify, publish, display, reuse or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of our Intellectual Property Rights or knowingly or recklessly encourage or assist any third parties to infringe our Intellectual Property Rights.
5.3. Metadata and Feedback. You acknowledge and agree that (i) we may collect and use metadata (such as usage and diagnostic information from your use of the Website, system error logs, Service uptime and availability data) to offer, operate, maintain, improve, update and support the Website, including for diagnostics, analytics, system performance and reporting purposes; and (ii) to the extent that you provide any recommendations, suggestions, proposals, ideas, improvements or other feedback regarding the Website (“Feedback”), you hereby grant us an irrevocable, perpetual, royalty-free licence to use and incorporate such Feedback for the purposes of maintaining, improving, updating and supporting the Website, subject only to the restriction that in doing so, you will not be identified as the source of any such Feedback.
5.4. Campaign publicity. You grant us and AWS a non-exclusive, worldwide, royalty-free licence to use your username, your Assistant Coach or team name, your country or territory and your Competition results for the purposes of operating and publicising the Competition, including on the Website, in leaderboards, in social media content and in campaign marketing. Subject to the position for prize winners described below, we will not use your real name, photograph, voice or likeness for marketing purposes without your separate consent, which you may withhold or withdraw at any time. Where you are a prize winner the position is different, and you should read the Official Rules before accepting any prize. Under the Official Rules, accepting a prize is itself treated as permission for AWS to use your name or likeness, and your city, state or province and country, for advertising and promotional purposes worldwide and in perpetuity, without further notice, permission or payment. That permission is given to AWS under the Official Rules, is not subject to the consent requirement in this Section, and is a matter between you and AWS (or the partner providing the prize). We cannot withdraw it on your behalf.
5.5. Third party marks and football intellectual property. The AWS name, the Amazon Web Services marks and the re:Invent name are the property of their owners and no right or licence to use them is granted to you. The Website and the Competition are not sponsored, endorsed, administered by or associated with FIFA, UEFA, any national or international football association, any league, any club or any player, and no such affiliation should be inferred from the use of any name, mark, image, statistic or fixture for descriptive purposes.
5.6. Third Party Services and Materials.
- 5.6.1. In the course of accessing or using the Website, you may be directed to certain Third-Party Services. Third-Party Services include, without limitation, large language model providers, cloud infrastructure providers, financial account platforms, data providers, payment processors, and/or any other external APIs.
- 5.6.2. The availability of any Third-Party Service through or in connection with the Website does not constitute or imply any endorsement, approval, verification, or affiliation by us with respect to any such Third-Party Service or its provider. We make no representation, warranty or guarantee of any kind regarding the quality, accuracy, availability, security, legality, or suitability of any Third-Party Service. Further, we have no control over, and accept no responsibility for, the operations, acts, or omissions of any third-party provider. We are not responsible for ensuring the continued availability of any Third-Party Service and we reserve the right to add, remove, or replace any Third-Party Service integrations at any time and in our sole discretion without prior notice to you.
- 5.6.3. Your use of any Third-Party Service is solely governed by and subject to the terms and conditions, privacy policies, and other applicable terms of the relevant third-party provider. You are solely responsible for reviewing, understanding, and complying with such terms. Certain third-party providers may require you to complete an onboarding or identity verification process prior to using their Website. You may be required to pay fees directly to third-party providers in connection with your use of any Third-Party Service.
- 5.6.4. We are under no obligation to monitor Third-Party Services but where we receive notification of a material disruption to a Third-Party Service from a provider, we will use reasonable efforts to communicate this to you in a timely manner. You are primarily responsible for independently monitoring any Third-Party Services that are material to your use of the Website and for taking any steps you consider appropriate in response to any changes or disruptions to such Third-Party Services.
- 5.6.5. In the course of accessing or using the Website, you may receive or come into contact with materials or content that may be subject to copyright owned by third parties. You shall not copy, imitate or use any such materials, in whole or in part, without prior consent from their respective owners. You acknowledge that all the names and/or logos used in the Website are for identification purposes only. Use or display of these names and/or logos does not constitute or imply endorsement.
- 5.6.6. The Website may contain links or pointers to Third Party Services which are provided for convenience only and do not constitute or imply any endorsement by us or any affiliation with any such Third Party Services. We are not responsible for the availability, functionality, performance or content of any such Third Party Services and your use of any such Third Party Services is solely at your own risk. By using any such Third Party Service, you acknowledge and agree that we have no control over and make no representation, warranty or guarantee of any kind with respect to any such Third Party Service, and you hereby release and disclaim any and all claims and liabilities against us or any other AM Party with respect to the use of any such Third Party Service.
6. Use Restrictions
6.1. General Restrictions. Without prejudice to any other provision in these Terms, in connection with your use of the Website, you agree and represent that you will not violate any law, contract, intellectual property or other third-party right and will not engage in any illegal, unauthorized, or improper activity. You agree that you will abide by these Terms and the prohibition not to use the Website for including, but not limited to, the production or dissemination of any pornographic or inappropriate material, racist content or financing of illicit activities, or any other use that would contradict or violate any applicable laws or regulations. In this regard, we reserve the right at all times to monitor, review, retain and/or disclose any information as may be necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your Account immediately and without notice if we determine, in our sole discretion after consideration of the situation as a whole, that your Account is associated with any such prohibited use and/or a prohibited business.
6.2. Specific Restrictions. You shall not:
- 6.2.1. rent, lease, sell, distribute, sublicense, or otherwise make available the Website;
- 6.2.2. use the Website to conduct any fraudulent, immoral or illegal activities or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms or applicable laws and regulations, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Website;
- 6.2.3. other than in accordance with these Terms, reproduce, copy, transmit, distribute, display, or otherwise use any content on the Website without prior written consent from us or the relevant owner of the relevant Intellectual Property Right;
- 6.2.4. use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website, or interfere, disrupt, replicate, decompile or reverse-engineer any aspects or features of the Website that could modify, damage, disable, overburden or impair the functioning of the Website in any manner;
- 6.2.5. take any action to gain or attempt to gain unauthorized access to any Account that does not belong to you;
- 6.2.6. attempt to exploit vulnerability of any system or network of ours or breach any security or authentication measures implemented by us;
- 6.2.7. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or any other part of the Website generally;
- 6.2.8. access the Website for purposes of building or marketing a competitive product;
- 6.2.9. use any form of data mining, extraction, or scraping on the Website and/or the contents available in it for any purpose;
- 6.2.10. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- 6.2.11. use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means, program or interface not authorized by us to access the Website, extract data or otherwise interfere with or modify the rendering of website pages or functionality, or to incorporate the Website into any other program, website or application;
- 6.2.12. use data collected from the Website to contact individuals, companies, or other persons or entities or for any direct marketing activities;
- 6.2.13. use the Website to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages; and
- 6.2.14. bypass or ignore instructions that control all automated access to the Website;
- 6.2.15. create or use more than one Account, or use an Account that is not yours, in order to obtain an advantage in the Competition, improve your chances of a prize, or circumvent any eligibility requirement or disqualification;
- 6.2.16. use any bot, script, automation or emulator to register, submit entries, generate Competition activity or influence the Super League standings other than through the interfaces we and AWS make available;
- 6.2.17. collude with any other participant, or manipulate or attempt to manipulate any result, score, ranking or leaderboard position in the Competition;
- 6.2.18. impersonate, or falsely suggest any affiliation with or endorsement by, us, AWS, any football association, league, club or player, or any other participant; and
- 6.2.19. scrape, republish or commercially exploit any leaderboard, standings, fixture or result data made available through the Website.
6.3. No betting, gambling or wagering. The Website and the Assistant Coach may present commentary, predictions, probability estimates or tactical suggestions relating to football matches, competitions, teams or players. All of it is provided for entertainment and for the Competition only. It is not betting or gambling advice, a tip, or a recommendation or inducement to place any bet or wager. We are not a bookmaker, betting exchange, betting intermediary, tipster or gambling operator, we are not licensed as one in any jurisdiction, and we do not accept, facilitate, process or settle stakes, bets or wagers of any kind. You must not use the Website in order to place, facilitate, solicit or advertise any bet or wager, or in any manner that would require us to hold a gambling licence in any jurisdiction. Any decision you make to gamble is yours alone, and complying with the gambling laws that apply to you is your responsibility.
7. Suspension and Termination
7.1. Grounds of Suspension or Termination. We may, at our sole discretion and without incurring any liability, temporarily or permanently (i) suspend, restrict, or terminate your access to any or all of the Website; and/or (ii) invalidate, deactivate or cancel your Account if:
- 7.1.1. you violate any Terms or the Privacy Policy;
- 7.1.2. any information provided by you under these Terms or as part of creation or operation of your Account is inaccurate, untrue, or incomplete, or if you fail to comply with any registration requirements for your Account or these Terms;
- 7.1.3. we reasonably suspect you of using your Account in connection with illegal, unauthorized, or improper activity;
- 7.1.4. for security reasons, or other necessary circumstances, in order to protect your Account from unauthorized access, among other things, as determined in our sole discretion;
- 7.1.5. you violate applicable laws and regulations;
- 7.1.6. the proper functioning of the Website is in jeopardy;
- 7.1.7. we are so required by an enforceable subpoena, court order, or binding order of the court or government authority;
- 7.1.8. use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
- 7.1.9. you take any action that we deem as circumventing our controls, including, but not limited to abusing promotions which we may offer from time to time;
- 7.1.10. you breach the Official Rules, or AWS notifies us that you have been disqualified from or are ineligible for the Competition; or
- 7.1.11. we reasonably suspect that you have engaged in multiple accounts, automation, collusion or any other manipulation of the Competition.
7.2. System Outage. In the event that a technical problem causes a system outage or Account errors, we may temporarily suspend access to your Account until the problem is resolved.
7.3. Reasonable Notice. We will use reasonable efforts to provide as much notice as is practicable under the circumstances and to reinstate or resume your access to the Website as soon as reasonably practicable following resolution of the issue (if resolvable or rectifiable).
7.4. Termination by you. You may terminate these Terms at any time without giving us any prior notice by discontinuing use of the Website.
7.5. Campaign duration. The Website supports a time-limited campaign. We may withdraw, suspend or discontinue the Website at any time after the Competition concludes, and these Terms will terminate accordingly. We will use reasonable efforts to give you notice beforehand and a reasonable period in which to request a copy of the data associated with your Account.
7.6. Survival. Termination of these Terms shall not affect any rights or remedies which have accrued prior to the date of termination and Sections 2, 5, 7.5, 8, 9, 10 and 11 shall survive termination of these Terms.
8. Disclaimers
There are certain limitations and risks associated with the Website, some of which are described below. You acknowledge that accessing and using the Website will be subject to such limitations and risks, all of which you understand and accept. We do not warrant or guarantee that the limitations and risks set out below are exhaustive.
8.1. Information Security Risk. Hackers or other malicious groups or organizations may attempt to interfere with the Website in a range of ways including without limitation malware attacks, denial of service attacks, phishing and spoofing. In addition, the software underlying the Website may contain intentional or unintentional bugs or weaknesses which may negatively affect the Website. If there are any such bugs or weaknesses, there may be no remedy and users are not guaranteed any remedy, refund or compensation.
8.2. Availability of the Website. We do not guarantee that the Website will be available without interruption. The Website may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunctions of any telephone network or lines, computer systems, servers or providers, computer equipment, software, email or any other related systems due to technical problems or traffic congestion on the Internet or in the Website or combination thereof, including injury or damage to your or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website.
8.3. Accuracy. In the course of accessing the Website, you may be in receipt of certain information from us. Although we intend to provide accurate and timely information, such information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding the Privacy Policy, the Website and other products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information provided through the Website are your sole responsibility and we shall have no liability for such decisions. You especially acknowledge, understand and agree that we do not assume any liability and shall not be liable for any loss or damage arising out of or in connection with any decision made based on any information available in relation to the Website.
8.4. Third-Party Services. We expressly disclaim all liability for any Losses suffered or incurred by you or any other person arising out of or in connection with (i) any failure, unavailability, interruption, degradation, discontinuation, or error of any Third-Party Service, howsoever caused; (ii) any act or omission of any third-party provider, including any breach of their terms of service, data breach, or insolvency; (iii) any loss of documents, information, data or funds, corruption, or unauthorised access occurring within or through any Third-Party Service; (iv) any changes to, modifications of, or discontinuation of any Third-Party Service by the relevant provider; or (v) any software bug, defect, error, security vulnerability, faulty logic, hack, cyberattack, exploitation of any Third Party Service.
8.5. The Competition and the prizes. All prizes are offered, funded, awarded and delivered by AWS. We give no representation, warranty or guarantee, and accept no liability, in relation to: (i) whether the Competition takes place, when it opens, how long it runs, or whether it concludes before AWS re:Invent; (ii) the availability, value, nature or delivery of any prize; (iii) the operation of the registration mechanism, the match infrastructure or the Super League scoring and ranking logic; or (iv) the selection, verification, announcement or disqualification of any participant or winner. AWS may cancel, suspend, shorten, extend or modify the Competition in accordance with the Official Rules (and any other partner providing prizes may similar cancel, suspend or modify its prizes). Any travel prize is subject to the Official Rules and to the terms of the relevant airlines, hotels, venues and travel providers, and holding a valid passport, obtaining any visa or travel authorisation, meeting any entry or health requirements and being able and willing to travel on the specified dates are your responsibility alone. You are solely responsible for any tax arising in connection with a prize.
9. Indemnification
9.1. Indemnification. You shall indemnify, defend, and hold harmless us and our directors, officers, employees, agents and representatives (together, the “Indemnified Parties”) from and against any and all actual or alleged claims, actions, proceedings, investigations, demands, suits, losses, damages, demand of liability, costs, including attorneys', investigators', and experts' (or similar) fees, disbursements and all expenses incurred, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (the “Claims”), arising out of or in connection with:
- 9.1.1. any use or access of the Website by you other than in accordance with these Terms or the Privacy Policy;
- 9.1.2. any dispute between you and other users of the Website;
- 9.1.3. any violation of these Terms by you;
- 9.1.4. any violation or infringement of any rights (including Intellectual Property Rights) of any third party; and/or
- 9.1.5. any violation or infringement of any applicable laws or regulations.
9.2. Notification and control of Claims. You agree to promptly notify us of any Claims and cooperate with us in defending such Claims. You further agree that we shall have control of the defense or settlement of any third-party Claims and you shall not agree to settle any such Claims except with our prior written agreement. This indemnity is in addition to, and not in lieu of, any other claims or remedies that we may have against you.
10. Limitation of Liability
10.1. No Fiduciary Duty. In providing the Website to you, we do not assume any duty or any other type of special relationship to you of any kind (whether as a fiduciary or otherwise).
10.2. Exclusions. To the maximum extent permitted by applicable laws, we and our directors, officers, employees, agents and representatives shall not be liable for:
- 10.2.1. any indirect, consequential, incidental, exemplary, punitive or special Losses arising out of or relating to the Website, including but not limited to loss of profits, loss of value, loss of goodwill, loss of data and any other damages;
- 10.2.2. any Losses arising out of or relating to any access or use of the Website other than in accordance with these Terms or the Privacy Policy, whether by you or any other user of the Website, except to the extent that any Losses are directly caused by a material defect in the software or infrastructure developed by us and operated as part of the Website (a “Platform Defect”), and such Platform Defect is not attributable to any Third Party Service, third-party model, third-party software or third-party infrastructure; or
- 10.2.3. any Losses arising out of or relating to (i) any damage or interruption caused by any computer malware, spyware, or scareware that may affect your computer or other equipment, or any phishing, spoofing or other attack; or (ii) any error, delay, improper functioning or malfunction of the Website and/or any other technologies which are necessary to enable use of and access to the Website.
10.3. LIMITED WARRANTIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT SAVE WHERE EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW (I) THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (II) WE DO NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (III) WE DO NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, WILL DELIVER ANY PARTICULAR OUTCOME OR PERFORM TO ANY PARTICULAR STANDARD, OR THAT THE SECURITY SETTINGS OR MEASURES IN CONNECTION WITH THE WEBSITE ARE SUFFICIENT OR WILL OR CAN PREVENT ANY HACKS, UNAUTHORISED ACCESS OR ATTACKS FROM ANY THIRD PARTY.
10.4. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OURS FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE WEBSITE EXCEED THE GREATER OF (A) THE TOTAL CUMULATIVE AMOUNT OF FEES AND CHARGES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY SUCH CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100). THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
10.5. Rights that cannot be excluded. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. If you deal with us as a consumer, you may have rights under the law of your country of habitual residence that cannot be excluded by contract; nothing in these Terms affects those rights, and where any provision of these Terms conflicts with such a right, that right prevails to the extent of the conflict.
11. Miscellaneous
11.1. Amendments. We reserve the right to amend or modify these Terms or any Policy at our sole discretion at any time by publishing such amended or modified Terms or Policy on the Website. Any and all modifications or changes will become effective upon publication and you agree and acknowledge that whilst we will use reasonable efforts to provide notify of any such change or modification, we may not notify you about each change or modification and it is your responsibility to check these Terms and any Policy periodically for changes. Your continued use of the Website following the publication of any change or modification to these Terms and any Policy will mean that you accept and agree to such change or modification. Because these Terms support a time-limited campaign, where we make a change that materially affects your rights or your participation in the Competition, we will use reasonable efforts to notify you by email to the address you provided and, where applicable law requires it, to obtain your consent before the change takes effect.
11.2. Force Majeure Events. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, or in telecommunications or Internet Website or network provider services, failure of equipment and/or software, hacking attacks or other similar technological events, major market disturbances, other major event or catastrophe, pandemic, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
11.3. Entire Agreement. These Terms (together with the Privacy Policy) embody all the terms and conditions agreed upon between the Parties as to the subject matter hereunder, subject always to Section 1.4 (Precedence) and to the Official Rules, the Hello Minds T&Cs and the AWS Privacy Notice referred to in it, and supersede and replace in all respects all previous correspondence, understandings, and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
11.4. Waivers. Our failure to, at any time, require performance or observance by you of any provision of these Terms shall in no way affect our right to require performance of such provision and any waiver by us of any breach of any provision of these Terms shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms.
11.5. Severability. If any of the provisions in these Terms are deemed invalid, illegal, prohibited, void, or for any reason is unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms.
11.6. Governing Law and Arbitration. These Terms are governed by and shall be construed in all respects in accordance with the laws of Hong Kong. Any dispute, controversy, or claim arising out of or relating to these Terms, or the interpretation, breach, termination, validity, or invalidity thereof, shall be referred to and finally resolved by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules in force at the time when the notice of arbitration is submitted. The law of this arbitration clause shall be construed and enforced in accordance with Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of the arbitrator shall be one (1). The arbitral proceedings shall be conducted in English, and the arbitral award shall be final and binding on the parties to such proceedings. Notwithstanding the foregoing: (i) any dispute concerning eligibility for, entry into, the conduct of, or the award of any prize in, the Competition is governed by the Official Rules and by the governing law and dispute resolution provisions set out in them; and (ii) if you are a consumer, nothing in this Section deprives you of the protection of the mandatory provisions of the law of your country of habitual residence, or of any right you may have to bring proceedings in the courts of that country.
11.7. Class Action Waiver. YOU HEREBY WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. You acknowledge that this class action waiver is material and essential to the arbitration of any claims. This Section does not apply, and is severable from the remainder of these Terms, to the extent that a class action or collective redress waiver is unenforceable or prohibited under the law applicable to you, including where you are a consumer resident in the European Union or the United Kingdom.
11.8. Third party rights. AWS may enforce any provision of these Terms which is expressed to be for its benefit, including the disclaimers, releases and limitations of liability. Save as so provided, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or otherwise to enforce any of these Terms, and the consent of any such person is not required to vary or rescind them.
11.9. Independent parties. We and AWS are independent contracting parties. Nothing in these Terms or in any campaign material creates a partnership, joint venture, agency or employment relationship between us, or constitutes an endorsement by AWS of us or of any of our other products or services.
11.10. Contact. Questions about the Website or these Terms should be sent to info@animocaminds.com. Questions about the Competition, the registration mechanism, the Super League or any prize should be directed to AWS in accordance with the Official Rules. Questions about the Assistant Coach are dealt with under the Hello Minds T&Cs.