TERMS AND CONDITIONS

BACKGROUND

These Terms and Conditions (the “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and the 7Lands Platform (“7Lands”) (collectively, “us”, “our”, or “we”) concerning your access to, use of, and interaction with the 7Lands Platform as well as any other media form, media channel, mobile website, mobile application, or computer application related, linked, or otherwise connected thereto. 7Lands makes available services including but not limited to (a) the website https://7Lands.net (the “Site”) and (b) the Management Portal, the User Portal, the Map.

The information on the Site is not intended for distribution or to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.

Information on this Site is not, in any circumstance, financial advice. 7Lands nor any of its affiliates will or shall provide financial advice in any form.

Any purchase or sale you make, accept, or facilitate outside of the Site, including through third party vendors, will be entirely at your own risk. You expressly indemnify us and hold us harmless for any losses you may incur by transacting or facilitating transactions outside of this Site with third parties.

This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read these Terms carefully before using the Site. You should regularly check these Terms as they can change over time.

Acceptance of Terms

Our Services are only available to you upon acceptance of these Terms. By using the Services on our Site, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree and/or accept all of these Terms, then you are expressly prohibited from using our Services and you must discontinue use immediately.

By using the Site or any part of it, or action indicating your acceptance, you are confirming that you understand and agree to be bound by all of these Terms.

Definitions

In this Agreement, the following definitions shall apply:

Account means an online account opened by the Member via our Site or App;

Agreement means this Member Agreement including the Schedule(s) and any amendments thereto from time to time as may be amended;

Applicable Law meansthe law of a competent court and any other statute, statutory instrument or general law that is applicable to a party in connection with these Terms;

App means the 7Lands platform accessed through an online browser or downloaded by a user to a computer device or any other electronic device;

Creative refers to any 7Lands Non-Fungible Token (“NFT”) including but not limited to Land, buildings, and items which can be utilised and constructed in the Metaverse.

Blockchain refers to a shared immutable ledger that facilitates the process of recording transactions and tracking assets in a business network.

Confidential Information means any information in any form including but not limited to written, oral or graphical representations which is information not presently available in the public domain or can be reasonably regarded as information of a confidential nature in accordance with the terms of these Terms;

Content means any content that is published publicly on the App and/or Site;

Community DAO refers to a decentralised autonomous organisation which owns and manages an allocation of Land in the 7Lands Metaverse;

DAO Member refers to a person or an entity who has owns a unit or multiple units of a Community DAO;

DAO Land refers to land which is owned by a Community DAO;

Digital Assets refers to an asset which is electronically stored including fungible and NFTs;

Digital Wallet refers to a software program that stores your cryptocurrency keys and lets you access your digital assets;

External Information means information supplied by a third party and made available through our Site and/or App;

Fees means any fees payable by Members to 7Lands and or Third Parties in connection with the Services, published by 7Lands and amended from time to time;

Ineligible Persons means any person that is not permitted by the laws of a competent court or the laws of their jurisdiction to utilise our Services;

Land means NFTs which represent parcels of land in the 7Lands Metaverse;

Map refers to the interactive map depicted on the Site which illustrates the 7Lands Metaverse;

Management Portal refers to a platform which allows DAO Members to submit and vote on proposals as well as communicate with 7Lands to manage Community DAO Land and assets;

Member refers to a person who has connected their wallet to the App and/or Site and has acknowledged and agreed to our applicable terms and conditions including any third party terms and conditions required;

Personal Information refers to information which may be used and collected as Members use our Services. This includes wallet addresses, IP address, Land and asset holdings, and any other information provided by the Member to 7Lands. Personal Information may also include information we collect about Member’s individual preferences;

Platform refers to the Site or associated Services as well as any web-based applications or downloadable applications attached to 7Lands;

Policies are referring to these Terms, the Privacy Policy, an any other policy issues and/or amended by 7Lands at its sole discretion;

Service Providers means any service providers appointed by 7Lands from time to time and in its sole discretion to facilitate any provision of the Services;

Services include services provided by 7Lands to Members, including but not limited to the DAO Management Portal, the User Portal, and the Map offered by 7Lands operated in conjunction with its appointed Service Providers;

Site means the website accessible at https://7Lands.net or any website being used to deliver Services across the 7Lands project.

User Portal refers to a platform which displays a Member’s 7Lands digital assets;

User Content means all information and content that a user submits and/or posts on the App and/or Site (e.g., text in the user’s profile or a user’s posts);

Web3 Provider refers to any application, website, platform, product and/or service which uses technology including but not limited to decentralisation, shared ledgers, digital tokens and smart contracts.

Children

7Lands is offered and available to users who are 18 years of age or older. By accessing or using 7Lands, you represent and warrant that you are of legal age to form a binding contract with 7Lands and meet the foregoing eligibility requirements. If you do not meet this requirement, you must not access or use 7Lands.

Modification of the Terms and Conditions

7Lands reserves the right to amend these Terms at any time by submitting updated terms on the Site. If an individual uses the App and/or Site after the amendments are implemented, they are taken to accept the amendments.

Data Protection

In the provision of the App and/or Site you acknowledge and agree that 7Lands may collect, store, and process your personal data and/or information. By accessing or using the App and/or Site, you acknowledge to have read, understood, and accepted the terms of 7Lands’ Privacy Policy. You also acknowledge and agree that 7Lands may use such data and/or information in accordance with the terms of its Privacy Policy.

Account Access and Security

(a) Access to the App and/or Site is provided via a third party private key manager. You agree and acknowledge that it is your sole responsibility to manage the security and storage of your private keys. You agree that if you fail to safely store your private keys, give your private keys to a third party, or in any way jeopardise the security of your private keys, your account, Creatives, and Digital Assets may be lost.

(b) It is advised that you:

(i) Avoid using the same password with the third party private key manager that you have used elsewhere.

(ii) Keep your password, seed phrase, private key, and related information secret, confidential, and secure.

(c) 7Lands will not be liable for any loss or damage suffered to you arising from the sharing or loss of your password, seed phrase, private key and/or related information, or any other loss that arises out of your actions.

(d) Transactions that take place using 7Lands Services may be facilitated and confirmed by the Blockchain. You understand that your public address will be publicly available and visible whenever a transaction occurs.

Creatives

(a) All title and ownership rights over each parcel of Land lies with its owner (“Landowner”). Landowners have the right to decide what User Content is included on the land in accordance with 7Lands’ Policies.

(b) Creatives can be sold, traded, donated, given away, transferred, or otherwise disposed of at the complete discretion of its owner.

(c) All titles and ownership over NFTs include but are not limited to Land, User Generated NFTs, buildings, and/or items belong to the owner of the NFT. All NFTs must comply with 7Lands’ Policies.

(d) Community DAOs collectively own Land and Creatives which are managed and controlled in accordance with the DAO Operating Rules. Each unit of the DAO represents a fractionalised ownership of the DAOs underlying assets.

Community DAO

(a) DAO Members are individually responsible for actively participating in the management of the DAO by partaking in activities including but not limited to:

(i) Accepting proposals.

(ii) Rejecting proposals

(iii) Submitting proposals

(iv) Actioning proposals

(v) Communicating with 7Lands to action proposals, raise concerns, and communicate for purposes which are relevant to the management of the Community DAO.

(b) Upon purchasing units of a Community DAO, DAO Members are taken to have agreed to agree to the terms of the relevant DAO Constitution.

(c) Upon purchasing units of a Community DAO, DAO Members are taken to have agreed to the terms of the DAO Operating Rules.

(d) DAO Members acknowledge and understand that they alone are responsible for interacting with the relevant Community DAO in order to manage the relevant Community DAO Creatives and Digital Assets. DAO Members agree that 7Lands is not in any way responsible for the actions or omissions of the Community DAO and agree to indemnify 7Lands from any legal liability or dispute in relation to the relevant Community DAO.

User Content

(a) You are solely responsible for the User Content you create and post on the App and/or Site. You assume all risks associated with your User Content. You hereby represent and warrant that your User Content does not violate the Policies. Your User Content may expose you to liability if it violates the Policies. You may not represent or imply that your User Content is provided by, sponsored, or supported by 7Lands.

(b) You understand and agree to bear all risks associated with the content you produce. This includes but is not limited to the following items:

(i) Text posted to, submitted to, and/or constructed in the App and/or Site;

(ii) Images posted to, submitted to, and/or constructed in the App and/or Site;

(iii) Building, items, and/or any other User Content posted to, submitted to, and/or constructed in the App and/or Site;

(iv) NFTs posted to, submitted to, and/or constructed in the App and/or Site; and

(v) Any other content published by you on the App and/or Site.

(c) 7Lands has the right to and can remove any User Content which contravenes the Policies. 7Lands is given full discretion to remove User Content if it deems it in contravention of the Policies.

(d) You are responsible for safeguarding your User Content. 7Lands has no responsibility to store copies of your User Content for future use or availability.

(e) You hereby grant 7Lands a lifetime, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, display, prepare derivative works of, incorporate into other works, and other use and exploit your User Content.

(f) 7Lands hold the right to transfer the lifetime, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, display, prepare derivative works of, incorporate into other works, and other use and exploit your User Content.

Warranties

(a) You warrant that:

(i) You are entitled to enter into this Agreement and perform your obligations under this Agreement;

(ii) You have all right, title, and interest to the Intellectual Property and are entitled to grant the rights expressed in this Agreement;

(iii) You are the owner or licensee of the Intellectual Property rights in the Intellectual Property;

(iv) If there is any legal action commenced by a third party against 7Lands for the unauthorised use of the Intellectual Property held out to be owned by you, you will bare all liability relating to the alleged infringement and legal action including all legal costs and damages.

(v) to the best of your knowledge and belief, and without conducting any searches:

(a) all Intellectual Property Rights subsisting in the Intellectual Property do not infringe any Intellectual Property Rights owned by a third party;

(b) no third party has commenced or threatened to commence proceedings for an infringement of any Intellectual Property Rights that subsist in the Intellectual Property, and

(b) You agree to indemnify 7Lands for any loss, damage, expense, or cost howsoever arising (including legal fees on an indemnity basis), caused by a breach of any of your warranty set out in clause 9.1.

Infringement Indemnity

(a) Third Party claims

You hereby indemnify and agree to keep 7Lands indemnified against any and all claims or losses in respect of which you may become liable, arising out of or in connection with a claim by a third party alleging infringement of that third party’s intellectual rights if:

(i) the claim arises from:

(a) use of the Intellectual Property in a manner or for a purpose not reasonably contemplated or not expressly authorised by this Agreement;

(b) any modification of the Intellectual Property without the prior written consent of 7Lands; or

(ii) the ability of 7Lands to defend the claim has been prejudiced by the failure of you to:

(a) notify 7Lands in writing as soon as practicable of any infringement, suspected infringement, or alleged infringement;

(b) give 7Lands the option to conduct the defence of such a claim, including negotiations for settlement or compromise prior to the institution of legal proceedings; or

(b) Survival

The provisions of this clause 11 shall survive the expiration or termination of this Agreement.

Illegal Use

(a) The following lists intends to set out examples of prohibited uses of 7Lands App and/or Site and Services. The is not an exhaustive list of all potential illegal uses of the service.

(i) Intellectual Property. Infringing proprietary rights including but not limited to content and material protected by copyright, trademark, patent, trade secret, and/or other intellectual property right used without proper authorisation. Infringement may stem from a user’s unauthorised copying and posting of pictures, logos, software, articles, music, and videos on the App and/or Site.

(ii) Offensive Content. Submitting, posting, disseminating, selling, storing and hosting unlawful, defamatory, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or objectional content.

(iii) Fraudulent Conduct. Intentionally deceiving and offering fraudulent goods, services, products, schemes, memberships, contracts, or the fraudulent use of any information collected through the use of the App and/or Site. Including without limitation the use of credit card numbers.

(iv) Illegal Activities including but not limited to:

(a) Terrorist financing

(b) Money laundering;

(d) Distributing or funding drugs and drug paraphernalia;

(e) Malicious hacking including payments for ransomware;

(f) Any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;

(g) Knowingly or recklessly providing us with inaccurate or incomplete information through the Platform;

(h) Reverse engineering, disassembling, or otherwise attempting to construct, copy, or replicate the Platform’s source code, formulas, or processes;

(i) Interfering with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Site or its users);

(j) Using this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);

(k) Knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on 7Lands Platform and Services;

(l) Using the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;

(m) Using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;

(n) Publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);

(o) Collecting or storing personal data about other users of the Platform; or

(p) Doing anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users.

Representations And Risks

(a) Regulatory risk

7Lands and Digital Assets directly linked to 7Lands could be impacted by one or more regulatory inquiries or regulatory action which could impeded or limit your ability to access the App and/or Site.

(b) Use of blockchain technology

Services are being provided using blockchain and internet technology. You acknowledge and agree that blockchain and internet technology can be susceptible to hardware, software, internet connection, virus, hacking, and malicious software risk. Further, you accept that 7Lands is not liable for any loss or damage you may experience if the App and/or Site is taken offline.

You accept and acknowledge that cryptocurrency and Digital Assets can be extremely volatile and unpredictable in terms of price and liquidity. You understand and agree that there is no guarantee against losses for accessing and/or using any cryptocurrency or Digital Asset in connection with 7Lands.

(d) Application Security

You accept and acknowledge that the App and/or Site are subject to software code flaws and acknowledge that you are solely responsible for evaluating any smart contract or code provided by the App and/or Site. You further expressly acknowledge and agree that 7Lands cannot be held liable for your interaction with the Blockchain. You accept that the Blockchain is subject to the risks of being taken offline, hacked, and or compromised. You acknowledge and accept that interacting with and using the Blockchain may result in the loss of property.

(e) Third Party Providers and Links

7Lands does not own nor control Digital Wallet providers, the Blockchain, any Web3 Provider or any other third-party app, site, product, or service you access, visit, or use while using the App and/or Site. 7Lands shall not be liable for the acts or omissions of any such third parties or damages you may suffer while transacting and interacting with such third parties.

(f) Taxes

You are solely responsible for determining what, if any, taxes apply to your Land you directly or indirectly own related to any transacting activity. Indirect land ownership will occur if you own a unit(s) in a Community DAO.

Disclosure of Fees

All Fees will be published on the App and/or Site and are subject to change without prior notice to Members. However, 7Lands will endeavour to notify Members of any changes to the Fees at a reasonable period prior to any amendments to the current Fees.

Dispute Resolution

(a) Internal Dispute Resolution. Prior to pursing litigious action, parties shall use their best efforts to directly engage with 7Lands to settle a dispute, claim, or disagreement. Alternative dispute resolution, specifically good faith negotiations, must be the first action a party takes in initiating a lawsuit or arbitration.

(b) Binding Arbitration. If the parties do not reach an agreement within 30 days of initiating good faith negotiations under the Internal Dispute Resolution provision, then either parties may initiate binding arbitration to resolve the dispute, claim, or disagreement.

Trademarks and Intellectual Property

(a) Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the App and/or Site are copyrights, trademarks and/or other intellectual properties owned, controlled or licensed by the App and/or Site. The App and/or Site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by 7Lands.

(b) 7Lands provides you a limited, non-exclusive, non-sublicensable and non-transferable licence to use the Services and the Platform as set forth in these Terms. Except as set out in these Terms you may not sell, reproduce, distribute, publish 7Lands content. 7Lands content may include but is not limited to:

(i) Content posted to and provided through Services.

(ii) Building, items, and/or any other 7Lands content posted to and/or submitted to the App and/or Site.

(d) All other trademarks, service marks, product names and company names or logos appearing on the App and/or Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.

(e) The materials on the App and/or Site, and the App and/or Site as a whole, are intended solely for personal, non-commercial use by you. You may download or copy the downloadable materials displayed on the App and/or Site for your personal use only.

(f) No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the App and/or Site, the App and/or Site as a whole, or any related software without the prior written permission of 7Lands.

Legal Compliance

You shall use the App and Site for lawful purposes only. You shall not transmit through the App and/or Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to offer you the Services and/or to terminate your access to the App and/or Site for any breach of this provision or any other provision of this Agreement.

Disclaimer of Liability

(a) You acknowledge and agree that use of the App and/or Site is at your sole risk. The App and/or Site is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the App and/or Site. This App and/or Site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

(b) You acknowledge and agree that, by your use of the App and/or Site, that your use of the App and/or Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of App and/or Site, and that we shall not be liable for any damages of any kind related to your use of the App and/or Site.

(i) indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages.

(ii) any damage that you may suffer arising out of use, or inability to use, the App and/or Site, Services or products provided hereunder unless such damage is a caused intentional act of 7Lands.

(iii) unauthorised access by third parties to your premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users’ network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method.

These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy.

(d) You agree that, to the maximum extent permitted by law, we disclaim liability for all loss or damage arising as a result of being a Member, your usage of the App and/or Site and Services, using the App and/or Site accessing information expressly or implicitly made or given by us, notwithstanding any error or omission, including negligence.

(e) The provisions of this clause will survive any transaction completed with you and any change or elimination of this Agreement and/or the App and/or Site.

(f) You acknowledge and agree that 7Lands, to the greatest extent permissible by law, is not liable for any loss or damage which you may suffer resulting from:

(i) any defects in the technological infrastructure at 7Lands which causes delay, fault or failure in operating the Services;

(ii) any failure or service interruption of the telecommunications network utilised by 7Lands, which impacts the operation of the Services;

(iv) your incorrect usage of the 7Lands including but not limited to any error or omission by you;

(v) any loss in cryptocurrency, cryptocurrency hacks and/or exploits which result in a loss, and/or blockchain downtime;

(vi) any event of Force Majeure which results in any failure of 7Lands from performing its obligations to you, including:

(a) an act of God including but not limited to earthquake, flood, fire, explosion, landslide, lightning, action of the elements, force of nature, washout, storm or storm warning or natural disaster;

(b) strike, lockout, boycott, work ban or other labour dispute or difficulty;

(c) acts of terrorism, civil disturbance, blockade, embargo, sabotage, insurrection, riot, malicious damage, pandemic or epidemic.

Confidentiality

(a) Each Party agrees to ensure that any Confidential Information of the other party (Disclosing Party) is kept confidential; notwithstanding the terms of our privacy policy.

(b) If there is a discrepancy between this clause and our privacy policy, our privacy policy will take precedence.

(c) A party who receives a Disclosing Party’s Confidential Information (Receiving Party) must not, without the express prior written consent of the Disclosing Party:

(i) directly or indirectly divulge or communicate or otherwise disclose the Confidential Information of the Disclosing Party, in whole or part, to any third party; or

(ii) use any of the Confidential Information of the Disclosing Party for any purpose other than exercising its rights or fulfilling its obligations under this Agreement.

(d) A Receiving Party must take all precautions that are reasonably necessary to prevent any unauthorised disclosure of the Disclosing Party’s Confidential Information to third parties or unauthorised use of such Confidential Information and shall inform the Disclosing Party of any suspected or actual unauthorised disclosure or use of such Confidential Information.

(e) A Receiving Party will not be in breach of its obligations with respect to disclosure of the Disclosing Party’s Confidential Information if it discloses information that:

(i) is, or subsequently enters, the public domain;

(ii) it is required to disclose by law; or

(iii) was developed independently by it, without the use of any of the Disclosing Party’s Confidential Information.

Indemnity

(a) In addition to any other indemnities contained in this Agreement, you agree to indemnify and hold us, the company and our directors, officers, agents, representatives and employees harmless against any actions, claims, demands, proceedings, costs, damages, expenses, liabilities and losses (including without limitation legal costs on a solicitor and client basis) paid, suffered or incurred by us directly or indirectly as a result of:

(i) any failure by you to comply with these terms and conditions;

(ii) your use of 7Lands or any Third-Party information in violation of these terms and conditions;

(iii) any breach of your representations and warranties set forth in these terms and conditions.

(b) Each indemnity in these terms and conditions is a continuing obligation, which is independent of and separate from your other obligations and survives termination of these terms and conditions.

Third-Party Services

(a) Third-Party services and Service Providers are governed by their own terms and conditions. Through your use of third-party service services, you agree to be bound to their terms and conditions. Third-party services are distinguishable from Services defined under these Terms.

(b) When accessing Third-Party services or external Service Providers, you will be redirected to the relevant URL or notified that you are utilising a third party service. All Service Providers and Third-Party services are independent and separate from the Services defined under these Terms.

(c) By using Third-Party services and Service Providers, you agree to indemnify and hold us harmless from all legal liability arising from your use of the third party services.

Waiver

The non-existence of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.

Severance

Any provision in this Agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this contract or affecting the validity or enforceability of that provision in any other jurisdiction.

Governing Law

These Terms are governed by and shall be construed in accordance with the laws of a competent court deemed by 7Lands.

General

We may from time to time change the rules that govern your use of our App and/or Site. Your use of the App and/or Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the App and/or Site from time to time including, but not limited to, content and equipment and/or software needed for access or use.