Last Modified: November 19, 2021
ANY PURCHASE OR SALE YOU MAKE, ACCEPT OR FACILITATE OUTSIDE OF THE PLATFORM OF A DIGITAL COLLECTIBLE (AS DEFINED BELOW) WILL BE ENTIRELY AT YOUR OWN RISK. WE DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OF DIGITAL COLLECTIBLES OUTSIDE OF THE PLATFORM. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, WITH DIGITAL COLLECTIBLES OUTSIDE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ALL NFTS ON THE PLATFORM ARE SOLD MERELY AS DIGITAL COLLECTIBLES, WITHOUT THE PROMISE OR EXPECTATION OF FUTURE LIQUIDITY, INCREASED VALUE, OR INVESTMENT RETURNS. COMPANY WILL UNDERTAKE NO ADDITIONAL EFFORTS WITH REGARD TO THE FUTURE DEVELOPMENT OF ANY NFTS, THE PLATFORM, OR THE LIQUIDITY OF THE MARKET ON THE PLATFORM OR ELSEWHERE.
- USE OF THE PLATFORM; ACCOUNT SET-UP AND SECURITY
- Browser and Wallet Set-Up . To use the Platform, we suggest you first install a web browser (such as the Google Chrome web browser). You will also need to use a Blocto electronic wallet or another supported electronic wallet, which will enable you to purchase and store collectibles that you collect or purchase on the Platform.
- Flow Network . All collectibles on the Platform are digital collectibles represented on smart contracts (“ Smart Contracts ”) on the Flow ™ blockchain network (the “ Flow Network ”), which provides an immutable ledger of all transactions that occur on the Platform.
- Account Security . You are responsible for maintaining the confidentiality and security of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Platform. The Company will not be liable for any loss or damage arising from your failure to comply with this Section. If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at firstname.lastname@example.org .
- PURCHASING AND EARNING YOUR COLLECTIBLES
- Acquiring Collectibles . The Platform allows you to purchase, earn, collect, showcase, and sell digital collectibles in a variety of media (including, but not limited to, images, audio, video, access to real world experiences, and physical merchandise) (each, a “ Collectible ”) created and/or or produced by various individuals or organizations (“ Creators ”). Each Collectible is a NFT on the Flow Network.
- Purchasing Collectibles . You can purchase Collectibles in two ways: (a) by buying packs of Collectibles from us on the Platform (each, a “ Pack ”); or (b) by buying Collectibles from other users in the Platform’s marketplace (the “ Marketplace ”). There are different types of Packs available for purchase on the Platform, and we reserve the right to modify the types, prices and numbers of Packs available, as well as the timing and frequency of the sale of Packs, at our discretion. Depending on the type of Pack you buy, you will collect Collectibles of varying levels of scarcity. Before you buy a Pack, we will let you know the types (i.e. the category of scarcity) of Collectibles (but we will not identify the exact Collectibles) that are contained in that Pack. If you buy an individual Collectible from another user in the Marketplace, you will know the exact Collectible that you are purchasing.We strongly encourage you not to purchase Collectibles other than in Packs or on the Marketplace. If you decide to purchase Collectibles in any other way, you acknowledge and understand that any such purchase will be entirely at your own risk.
- Earning Collectibles . You can earn Collectibles for free by participating in certain challenges or marketing campaigns on the Platform, or by completing certain in-Platform tasks that we may make generally available from time to time.
- Characteristics of Collectibles . Collectibles are comprised of content (either novel or existing as part of a featured production) in various types of media (including, but not limited to, images, audio, video, access to real world experiences, and physical merchandise). Each Collectible has a defined set of attributes – including scarcity – which help determine the value of the Collectible.
- Subjectivity of Collectibles . The value of each Collectible is inherently subjective, in the same way the value of other collectibles is inherently subjective. Collectibles are not likely to have certain inherent or intrinsic value. Some collectors might prefer to have a Collectible featuring a certain Creator’s novel content, while another might prefer an equivalent Collectible featuring a different Creator. Each Creator can have more than one Collectible associated with them on the Platform, each of which will have different characteristics.
- Showcasing Collectibles . There is a showcasing feature of the Platform that allows you to organize your Collectibles into collections, and show them to your friends.
- PAYMENT, GAS FEES, AND TAXES
- Financial Transactions on Platform . Any payments or financial transactions that you engage in via the Platform will be conducted solely through Moonpay (provided that blockchain transitions occur on the Flow Network and user wallets are powered by Blocto). We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Platform, or any other payment or transactions that you conduct via Moonpay, Blocto, or on the Flow Network more broadly. We do not provide refunds for any purchases that you might make on or through the Platform – whether for Collectibles, Packs, or anything else.
- Responsibility for Taxes . You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “ Taxes ”) associated with your use of the Platform. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms.
- OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS
YOUR OWNERSHIP OF COLLECTIBLES WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH COLLECTIBLES FROM A LEGITIMATE SOURCE AND NOT THROUGH ANY OF THE CATEGORY B PROHIBITED ACTIVITIES (AS DEFINED BELOW).
For the purposes of this Section 4, the following capitalized terms will have the following meanings:
“ Art ” means any art, design, writings, drawings, recordings, or any other creative expression (in any form or media, including, without limitation, video or photographs) that may be associated with a Collectible that you Own.
“ Own ” means, with respect to a Collectible, a Collectible that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Category B Prohibited Activities (as defined below)), where proof of such purchase is recorded on the Flow Network.
“ Purchased Collectible ” means a Collectible that you Own.
“ Third Party IP ” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
Ownership of a Collectible; Accompanying Limited License
. Each Collectible is a NFT on the Flow Network; as such, when you
not through any of the Prohibited Activities), you own the
underlying NFT completely and you are entitled to use the
Collectible (including the Art associated therewith) as set forth
the avoidance of doubt, you do not have any legal ownership,
right, or title to any copyrights, trademarks, or other
intellectual property rights to the content underlying any
Collectible. Your use of any Collectible (and accompanying Art) is
subject to the applicable limited license to the Collectible
- User Feedback . You may choose to submit via email ( email@example.com ) comments, bug reports, ideas or other feedback about the Platform, including without limitation suggestions for ways to improve the Platform (collectively, “ Feedback ”). By submitting any Feedback, you agree that we are free to use such Feedback in our sole and absolute discretion without providing any compensation to you, including the right to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license, and/or any other rights necessary, to incorporate and use your Feedback for any purpose in our sole and absolute discretion. For the avoidance of doubt, we are not under any obligation to use your Feedback or any portion thereof.
CONDITIONS OF USE AND PROHIBITED ACTIVITIES
Category A Prohibited Activities; User Warranties
. Without limiting the foregoing, you warrant and agree that your
use of the Platform does not and will not (and that you will cause
any third party’s use of the Platform under your account and/or
direction to not):
- involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
- involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- involve the uploading, posting, transmitting or otherwise making available through the Platform or otherwise any content that infringes any intellectual property rights of any third party;
- violate any legal rights (by way of example, rights of privacy and publicity) of any third party;
- involve furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
- involve interfering with other Platform users’ enjoyment of the Platform or Company’s administration, maintenance, and operation of the Platform;
- involve modifying, adapting, translating, or reverse engineering any portion of the Platform;
- involve removing any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it;
- involve reformatting or framing any portion of the Platform;
- involve displaying any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would, or are reasonably likely to, violate any criminal laws, any other applicable laws, or any third party rights;
- involve using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about users of the Platform for any purpose whatsoever;
- involve interfering with or disrupting the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- involve impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- involve soliciting personal information from anyone under the age of 18;
- involve accessing or using the Platform for the purpose of creating a product or service that is competitive with any of our products or services;
- involve offering securities or advertising, marketing or otherwise suggesting that any NFTs, Collectibles, Packs, or any other items available on the Platform are investments;
- involve abusing, harassing, or threatening another user of the Platform, a Creator, or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (including, without limitation, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by our employees or otherwise); or
- involve the use of unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable language or content, or in the sole judgment of Company, language or other content that is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Company, Creators, any other users of the Platform, customer service personnel, chat board moderators, volunteers or any of our authorized representatives to any harm or liability of any type (each of the activities in this Section 5.a., a “ Category A Prohibited Activity ”).
Category B Prohibited Activities; User Warranties
. Without limiting the foregoing, you warrant and agree that your
use of the Platform will not (and that you will cause any third
party’s use of the Platform under your account to not):
- involve creating user accounts by automated means or under false or fraudulent pretenses;
- involve the impersonation of another person or entity, or misrepresentation of your affiliation with another person or entity (via the use of an email address or otherwise);
- involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“ Bots ”);
- involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Platform (including, without limitation, purchases of Packs or Collectibles on the Marketplace);
- involve acquiring Collectibles through inappropriate or illegal means (including, among other things, using a stolen credit card, or any other payment mechanism that you do not have the right to use, or purchasing a Collectible and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the Collectible, or selling, gifting or trading the Collectible to someone else);
- involve the purchasing, selling or facilitating the purchase and sale of any user’s account(s) to other users or third parties for cash, cryptocurrency, or any other form of consideration outside of the Platform; or
- otherwise involve in any manner the the wrongful seizure or receipt of any Packs, Collectibles or any other digital assets (each of the activities listed in this Section 5.b, a “ Category B Prohibited Activity ” and, together with each Category A Prohibited Activity, the “ Prohibited Activities ”).
Effect of Your Breaches
. If you directly engage in, or are otherwise involved with in any
manner, any of the Prohibited Activities, we may, in our sole and
absolute discretion, without notice to you, or any liability
whatsoever, and without limiting any of our other rights or
us at law or in equity, immediately suspend or terminate your user
account and/or delete your Collectibles’ images and descriptions
from the Platform. If we delete your Collectibles’ images and
descriptions from the Platform, such deletion will not affect your
ownership rights in any NFTs that you already Own, but you will
not receive a refund of any amounts previously paid for any such
Collectibles, and we reserve the right to revoke or modify any
- Category A Prohibited Activities; User Warranties . Without limiting the foregoing, you warrant and agree that your use of the Platform does not and will not (and that you will cause any third party’s use of the Platform under your account and/or direction to not):
Effect of Termination
. Upon any termination or expiration of these Terms or Use,
whether by you or us, you may no longer have access to information
that you have posted on the Platform or that is related to your
account, and you acknowledge that we will have no obligation to
maintain any such information in our databases or to forward any
such information to you or to any third party. For the avoidance
is intended to survive termination or expiration of these Terms of
Use, will survive the termination or expiration of these Terms or
Use for any reason.
YOU WAIVE AND HOLD US AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
PLATFORM TRANSACTIONS, INCLUDING BUT NOT LIMITED TO PRIMARY SALES/PURCHASES OF COLLECTIBLES (OR ANY OTHER NFTS), SECONDARY MARKET SALES, LISTINGS, OFFERS, BIDS, ACCEPTANCES, AND OTHER OPERATIONS UTILIZE EXPERIMENTAL SMART CONTRACT AND BLOCKCHAIN TECHNOLOGY, INCLUDING NON-FUNGIBLE TOKENS, DIGITAL ASSETS, CONSENSUS ALGORITHMS, AND DECENTRALIZED OR PEER-TO-PEER NETWORKS AND SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT SUCH TECHNOLOGIES ARE EXPERIMENTAL, SPECULATIVE, AND INHERENTLY RISKY AND MAY BE SUBJECT TO BUGS, MALFUNCTIONS, TIMING ERRORS, HACKING AND THEFT, OR CHANGES TO THE PROTOCOL RULES OF THE FLOW BLOCKCHAIN (I.E., "FORKS"), WHICH CAN ADVERSELY AFFECT THE SMART CONTRACTS AND MAY EXPOSE YOU TO A RISK OF TOTAL LOSS, FORFEITURE OF YOUR DIGITAL ASSETS OR JAMBB PRODUCTS, OR LOST OPPORTUNITIES TO BUY OR SELL JAMBB PRODUCTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND PARTNERS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PLATFORM AND ANY PART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND PARTNERS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE; (IV) THE PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE FLOW NETWORK, BLOCTO, MOONPAY, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, THE FLOW NETWORK, BLOCTO, MOONPAY OR ANY ELECTRONIC WALLET.
COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE FLOW NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE FLOW NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE FLOW NETWORK, BLOCTO, MOONPAY, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE FLOW NETWORK, BLOCTO, MOONPAY, OR ANY ELECTRONIC WALLET, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
YOU ACKNOWLEDGE AND CONSENT TO THE RISK THAT THE PRICE OF COLLECTIBLES (OR ANY OTHER PRODUCT AVAILABLE FOR PURCHASE / SALE ON THE PLATFORM) MAY HAVE BEEN INFLUENCED BY ACTIVITY OUTSIDE OF THE CONTROL OF THE COMPANY. COMPANY DOES NOT REPRESENT, GUARANTEE, OR WARRANT THE ACCURACY OR FAIRNESS OF THE PRICE OF ANY COLLECTIBLE OR ANY OTHER PRODUCT SOLD OR OFFERED FOR SALE ON OR OFF OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A FIDUCIARY NOR DOES COMPANY OWE ANY DUTY TO ANY USER OF THE PLATFORM, INCLUDING THE DUTY TO ENSURE FAIR PRICING OF COLLECTIBLES OR ANY OTHER PRODUCTS SOLD OR OFFERED FOR SALE ON THE PLATFORM, OR TO POLICE USER BEHAVIOR ON THE PLATFORM.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, AND ADVISORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- ASSUMPTION OF RISK
- Value and Volatility . The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Collectibles, which may also be subject to significant price volatility. Each Collectible has no inherent or intrinsic value. We cannot guarantee that any Collectibles purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the Platform, and the Jambb ecosystem more broadly, may materially impact the value and desirability of any particular Collectible.
- Tax Calculations . You are solely responsible for determining what, if any, taxes apply to your Collectible-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Platform.
- Use of Blockchain . With the exception of certain data related to Collectibles which may be stored on the Platform or elsewhere in our discretion (including, but not limited to, Art and other media attached to the underlying NFTs, and related data), the Platform does not store, send, or receive Collectibles. This is because Collectibles exist only by virtue of the ownership record maintained on the Flow network. Any transfer of Collectibles occurs on the Flow network, and not on the Platform.
- Inherent Risks with Internet Currency . 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, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You acknowledge and agree that Company and its affiliates, and our and their respective directors, managers, members, shareholders, officers, employees, agents, and advisors, will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Flow Network, however caused.
- Regulatory Uncertainty . The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and the broader Jambb ecosystem, and therefore the potential utility or value of your Collectibles.
- Software Risks . Upgrades to the Flow Network, a hard fork in the Flow Network, or a change in how transactions are confirmed on the Flow Network may have unintended, adverse effects on all blockchains using the Flow Network’s NFT standard, including the Platform and the broader Jambb ecosystem.
- EXTERNAL SITES
The Platform may include hyperlinks to other websites or resources (collectively, the “ External Sites ”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
- FORCE MAJEURE
CHANGES TO THE PLATFORM
We are constantly innovating the Platform to help provide the best possible experience. You acknowledge and agree that the form and nature of the Platform, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Platform at any time without notice.
You affirm that you are over the age of 18. The Platform is not intended for children under 18. If you are under the age of 18, you may not use the Platform. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Platform.
DISPUTE RESOLUTION; BINDING ARBITRATION
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
- Arbitration Fees . Each party will cover its own fees and costs associated with the arbitration proceedings.
- Award Enforcement . The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
- Waiver of Class Action Participation. ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT OR ARBITRATION PROCEEDING.
AML AND KYC OBLIGATIONS
You acknowledge and agree as follows:
- In order for Company to meet any applicable obligations relating to anti-money laundering requirements, Company and or its vendors and affiliates may be required to verify the identity of Creators and users of the Platform as well as certain information about any Creator or Platform user's beneficial owners;
- Company may at any time request further information from you to verify your identity and/or the source of monies credited or to be credited to your account and you agree to meet Company’s request. If you do not provide Company the information as requested, or there is a delay in you providing this information to Company, Company may not be able to open your account, or may, at its discretion, suspend your access to the Platform.
Company may disclose your personal information to:
- a credit reporting body to verify your identity and obtain an assessment of whether the information you have provided us with matches the information provided by the credit reporting body; or
- federal or state regulators as required under any applicable law.
- Company is not liable for any loss incurred by you as a result of any action of Company which either delays your access from using the Platform or your use in the Platform being declined, when these actions are necessary for Company to comply with anti-money laundering obligations.
- Company may require further information from you from time to time in order to meet its anti-money laundering obligations and you agree to provide Company with whatever additional information is reasonably required.
- Company may use a document verification service to verify a Platform user’s or Creator’s government issued identification.
- By using the Platform, you further acknowledge and agree that you are required to comply with Moonpay’s AML/KYC Policy .
- Waiver of California Civil Code Section 1542 . If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Your Comments and Concerns . The Platform is operated by Jambb Inc., 399 Boylston St. Fl. 6, Boston, MA 02116 USA. All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: firstname.lastname@example.org