Jambb Inc. - Terms of Use

Last Modified: October 12, 2021

These terms of use are entered into by and between you and Jambb Inc. (“ Company ,” “ we ,” or “ us ”). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, these “ Terms of Use ”) govern your access to and use of the Company’s website located at jambb.com/ (the “ Website ”) and/or the Company’s mobile application (the “ App ”, and together with the Website, collectively, the “ Platform ”), including any content, functionality, and services offered on or through the Platform or any portion thereof, including the purchase, sale, collection and showcase of digital blockchain collectibles containing novel entertainment content represented by non-fungible tokens (“ NFTs ”).

This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully before you start using the Platform. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION THAT REQUIRES, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SUCH PROVISION, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING AND CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS OF USE .

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.

By accessing or using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood and that you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy , found at https://www.jambb.com/privacy , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

The Company is making the Platform available to you. The Platform provides users with the opportunity to purchase, collect and showcase digital blockchain collectibles containing entertainment content. Before you use the Platform, you will need to agree to these Terms of Use.

BY USING THE PLATFORM OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

Any changes to these Terms of Use will be in effect as of the “Last Updated Date” referred to at the top of this page. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes to the Terms of Use, as they are binding on you. However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

This Platform is offered and available only to users who are 18 years of age or older. By using this Platform, you represent and warrant that you are 18 years of age or older and of legal age to form a binding contract with the Company. If you are under the age of 18, you must not access or 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 and prevent you from accessing the Platform. Minimum age limits in different countries may vary, and if you are below the minimum age for providing consent for data collection in your country of residence, you are not permitted to use the Platform. Further, you may not use this Platform if you: (i) do not agree to these Terms of Use; (ii) are not 18 years of age or older, and otherwise of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using this Platform or any of thisPlatform’s contents, products or services by applicable law.

You affirm that if you are using this Platform on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Use.

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  1. USE OF THE PLATFORM; ACCOUNT SET-UP AND SECURITY
    1. 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.
    2. 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.
    3. Account Registration . Anyone can browse the Platform without registering for an account. You may be required to register an account with the Company in order to access and use certain features on the Platform, such as participating purchasing, selling, collecting, or showcasing any collectibles on the Platform. If you choose to register for the Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Privacy Policy . You must be at least 18 years old to register for an account, and at least 18 years old to purchase any collectibles on the Platform.
    4. 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 security@jambb.com .
    5. Account Transactions; Payment Processing . You can use your electronic wallet to purchase, store, and engage in transactions using your credit card, or via one or more cryptocurrencies that we may elect to accept from time to time.Transactions that take place on the Platform are managed and confirmed via the Flow Network. You understand that your Flow Network public address will be made publicly visible whenever you engage in a transaction on the Platform. All credit card transactions on the Jambb platform are facilitated through Moonpay. By paying with a credit card, you are using Moonpays services and agreed to their Terms of Use .
    6. Google APIs Terms of Use; Privacy Policy . You are on notice that Company has implemented reCAPTCHA v3 on the Platform and you acknowledge and agree that your use of reCAPTCHA v3 (through your use of the Platform) is subject to the Google Privacy Policy and Terms of Use . reCAPTCHA is only used to fight spam and abuse on the Platform, and will not be used for any other purposes such as determining your credit worthiness, employment eligibility, financial status, or insurability. By accessing or using the reCAPTCHA APIs (through your use of the Platform), you agree to the Google APIs Terms of Use , Google Terms of Use , and to any additional terms applicable to such use. It is your responsibility to read and understand all applicable terms and policies before accessing the Platform.
  2. PURCHASING AND EARNING YOUR COLLECTIBLES
    1. 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.
    2. 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.
    3. Exclusive Collectibles . From time to time, we may, in our sole discretion, make Collectibles available on the Platform that are a “1 of 1” copy (the most exclusive level of rarity offered on the Platform) and that come with additional rights and benefits (including a broader license to use the underlying intellectual property as more particularly described in Section 4 of these Terms of Use) beyond those accompanying other Collectibles (“ Exclusive Collectibles ”). Exclusive Collectibles may be available with other Collectibles within a Pack, or as standalone moments available for purchase on the Platform. We reserve the right to offer Exclusive Collectibles or not, and to modify the characteristics of Exclusive Collectibles, including but not limited to, their accompanying license, and any other rights and benefits associated therewith, in our sole discretion.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
  3. PAYMENT, GAS FEES, AND TAXES
    1. 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.
    2. Gas Fees .Every transaction on the Flow Network requires the payment of a transaction fee (each, a “ Gas Fee ”). The Gas Fees fund the network of computers that run the decentralized Flow Network. This means that you will need to pay a Gas Fee for each transaction that you instigate via the Platform. Except as otherwise expressly set forth in these Terms of Use, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the Platform.
    3. 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.
  4. 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.
    1. Ownership of a Collectible; Accompanying Limited License . Each Collectible is a NFT on the Flow Network; as such, when you purchase a Collectible in accordance with these Terms of Use (and 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 in the applicable license granted to you in these Terms of Use.For 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 granted by these Terms of Use, in accordance with the following:
      1. Limited License for Collectibles Generally . Upon properly obtaining a Collectible in accordance with these Terms of Use (and not through any of the Prohibited Activities), you receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Collectible obtained by you. Your limited license to display the Collectible, includes, but is not limited to, the right to display the Collectible privately or publicly: (i) for the purpose of promoting or sharing your purchase, ownership, or interest in the Collectible, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Collectibles available on the Platform; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Collectible(s); and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual content libraries, or other navigable and perceivable virtual environments. You have the right to view, sell, display, trade, transfer, or use your Collectibles, but unless otherwise expressly set forth in these Terms of Use, you may not make “commercial use” of any Collectible. Ownership of the Collectible is mediated and evidenced entirely by and on the Flow Network. Except as otherwise permitted by these Terms of Use, and in cases where we determine that a Collectible has not been rightfully acquired from a legitimate source (including, without limitation, through any of the Prohibited Activities), at no point will we seize, freeze, or otherwise modify the ownership of any Collectible.
      2. Limited License for Exclusive Collectibles . Upon properly obtaining an Exclusive Collectible in accordance with these Terms of Use (and not through any of the Prohibited Activities), you receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to: (i) display the Collectible privately or publicly as permitted under the license granted in Section 4.a.i of these Terms of Use (i.e. in accordance with the Limited License for Collectibles Generally , as set forth immediately above); (ii) use the Collectible (and the Art associated therewith) in the ways expressly communicated to you in writing by Jambb at the time of your purchase of such Exclusive Collectible. Ownership of the Collectible is mediated and evidenced entirely by and on the Flow Network. Except as otherwise permitted by these Terms of Use, and in cases where we determine that an Exclusive Collectible has not been rightfully acquired from a legitimate source (including, without limitation, through any of the Prohibited Activities), at no point will we seize, freeze, or otherwise modify the ownership of any Exclusive Collectible.
    2. We Own the Platform . You acknowledge and agree that we (or, if and to the extent applicable, our affiliates, licensors and/or our other partners) own all legal right, title and interest in and to the Platform and all elements of the Platform, including all intellectual property rights therein or in any way associated therewith (including, without limitation, all Art, word marks, writings and other text, logos, designs, systems, methods, processes, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “ Platform Materials ”)).You acknowledge that the Platform Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Platform Materials are the copyrighted property of us or our affiliates, licensors and/or our other partners, and all trademarks, service marks, and trade names associated with the Platform or otherwise contained in the Platform Materials are proprietary to us or our affiliates, licensors and/or our other partners. Nothing in these Terms of Use or on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company trademarks, or trademarks of any of our affiliates, licensors and/or our other partners, which are displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of any such trademarks will insure to our exclusive benefit, or the benefit of our affiliates, licensors and/or our other partners, if and to the extent applicable.
    3. No User License or Ownership of Platform Materials . Except as otherwise expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other Platform Materials that you may access on or through the Platform. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Material, in whole or in part. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Company from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Material other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in any software underlying the Platform or any other Platform Material. Any rights not expressly granted herein are reserved by Company. We reserve all rights in and to the Platform Materials that are not expressly granted to you in these Terms of Use, and that are not held by our affiliates, licensors and/or our other partners.
    4. Further User Ownership Acknowledgements . You acknowledge and agree that, unless otherwise expressly set forth herein: (a) your purchase of a Collectible, whether via the Platform or otherwise, does not give you any rights or licenses in or to the Platform Materials (including, without limitation, a copyright in or to any associated content underlying any Collectible) other than those expressly set forth in these Terms of Use; (b) you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Platform Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or those of any of our affiliates, licensors and/or our other partners that are displayed on the Platform, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
    5. Restrictions on Ownership . Unless otherwise expressly permitted in these Terms of Use, you agree that you may not do or attempt to do, and you will not permit any third party to do or attempt to do, any of the following, without our (or, as applicable, our licensors’ and/or our other partners’) express prior written consent in each case: (a) modify the Art or any other underlying content associated with your Purchased Collectible in any way, including, without limitation, the shapes, designs, recordings, drawings, text, attributes, color schemes, or any other content; (b) use the Art or any other underlying content for your Purchased Collectible to advertise, market, or sell any third party product or service; (c) use the Art or any other underlying content for your Purchased Collectible in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art or any other underlying content for your Purchased Collectible in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms of Use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art or other underlying content for your Purchased Collectible; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art or any other underlying content for your Purchased Collectible; or (g) otherwise utilize the Art or any other underlying content for your Purchased Collectible for your or any third party’s commercial benefit.
    6. Third Party Intellectual Property . If the Art or any other underlying content associated with your Purchased Collectible contains Third Party IP (e.g., licensed intellectual property from a Creator or other organization), you acknowledge and agree as follows: (a) you will not have the right to use such Third Party IP in any way except as incorporated in the Art or other underlying content and as expressly permitted in these Terms of Use, and subject to all other restrictions set forth herein; (b) depending on the nature of the license granted to us from any such Creator or other owner of the Third Party IP, we may need to (and we fully reserve every right to) pass through additional restrictions to you regarding your ability to use the Art for any Purchased Collectible (whether such Collectible is an Exclusive Collectible or not); and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive notice of such restrictions, and that failure to do so will be deemed a material breach of these Terms of Use.
    7. Other Terms of License . The licenses granted in Section 4(a) of these Terms of Use apply only to the extent that you continue to Own the applicable Purchased Collectible. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Purchased Collectible for any reason, the license granted in Section 4(a) will immediately expire with respect to that Collectible without the requirement of any notice regarding such expiration, and you will no longer have the rights granted under such license, nor will you have any further rights in or to the Art or any other underlying content for that Collectible. All restrictions in this Section 4 intended by their nature to survive, will survive the expiration or termination of these Terms of Use.
    8. User Feedback . You may choose to submit via email ( contact@jambb.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.
  5. CONDITIONS OF USE AND PROHIBITED ACTIVITIES

    YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE PLATFORM, AND FOR ANY CONSEQUENCES THEREOF OR OTHERWISE RELATED THERETO. YOU AGREE TO USE THE PLATFORM ONLY FOR PURPOSES THAT ARE STRICTLY IN ACCORDANCE WITH THESE TERMS OF USE AND ANY AND ALL APPLICABLE LAWS AND REGULATIONS.
    1. 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):
      1. involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
      2. involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
      3. 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;
      4. violate any legal rights (by way of example, rights of privacy and publicity) of any third party;
      5. 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;
      6. involve interfering with other Platform users’ enjoyment of the Platform or Company’s administration, maintenance, and operation of the Platform;
      7. involve exploiting the Platform for any purpose (whether commercial or otherwise) not expressly authorized in these Terms of Use;
      8. involve modifying, adapting, translating, or reverse engineering any portion of the Platform;
      9. involve removing any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it;
      10. involve reformatting or framing any portion of the Platform;
      11. 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;
      12. 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;
      13. 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;
      14. involve impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      15. involve soliciting personal information from anyone under the age of 18;
      16. 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;
      17. involve offering securities or advertising, marketing or otherwise suggesting that any NFTs, Collectibles, Packs, or any other items available on the Platform are investments;
      18. 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
      19. 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 ”).
    2. 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):
      1. involve creating user accounts by automated means or under false or fraudulent pretenses;
      2. 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);
      3. involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“ Bots ”);
      4. 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);
      5. 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);
      6. 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
      7. 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 ”).
    3. 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 remedies set forth in these Terms of Use or otherwise available to 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 license granted to you under these Terms of Use.

      NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLY BELIEVE THAT YOU ARE ENGAGED IN ANY CATEGORY B PROHIBITED ACTIVITY, IN ADDITION TO OUR RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR USER ACCOUNT AND/OR DELETE YOUR COLLECTIBLES’ IMAGES AND DESCRIPTIONS FROM THE PLATFORM, WE ALSO RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE TO YOU, OR ANY LIABILITY WHATSOEVER, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS: (A) DEEM ANY AND/OR ALL TRANSACTIONS THAT TOOK PLACE AS THE RESULT OF ANY SUCH CATEGORY B PROHIBITED ACTIVITY TO BE VOID AB INITIO ; (B) IMMEDIATELY CONFISCATE ANY COLLECTIBLES (INCLUDING THEIR UNDERLYING NFTS) THAT WERE PURCHASED OR ACQUIRED AS THE RESULT OF ANY SUCH CATEGORY B ACTIVITY; AND/OR (C) IMMEDIATELY REVOKE OR MODIFY ANY LICENSE GRANTED UNDER THESE TERMS OF USE AS A RESULT OF ANY SUCH CATEGORY B ACTIVITY.
  6. TERMINATION
    1. Your Termination Rights . You may terminate these Terms of Use as they pertain to you at any time by canceling your account on the Platform and discontinuing your access to and use of the Platform. If you cancel your account, or otherwise terminate these Terms of Use, you will not receive any refunds for any purchases you have made on or through the Platform – whether such purchases are for Collectibles, Packs, or anything else .
    2. Our Termination Rights . You acknowledge and agree that Company, in its sole discretion, may terminate these Terms of Use as they pertain to you and/or suspend or terminate your account (or any part thereof) and/or your use of the Platform (or any part thereof) and remove and discard any content within the Platform, for any reason (or no reason), including, without limitation, for lack of use, or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use (including, without limitation, if you engage in any of the Prohibited Activities). Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platform, may be referred to appropriate law enforcement authorities. Company may also, in its sole and absolute discretion, and at any time, discontinue providing you access to the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of these Terms of Use may be effected without prior notice, and you further acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to the Platform. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the Platform for any reason set forth in these Terms of Use.
    3. Other Remedies Available . If we terminate these Terms or Use as they pertain to you, and/or suspend or terminate your account and access to or use of the Platform, for any reason set forth hereunder, then termination of these Terms of Use and/or suspension or termination of your account and access to or use of the Platform will be in addition to any other remedies we may have at law or in equity.
    4. 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 of doubt, any provision of these Terms of Use that, by its nature, 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.
  7. DISCLAIMERS

    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.
  8. 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.

    YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US UNDER THESE TERMS OF USE IN THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.


    YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PLATFORM AVAILABLE TO YOU, AND THAT WE HAVE ENTERED INTO THESE TERMS OF USE, IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU WITHOUT THESE LIMITATIONS.
  9. ASSUMPTION OF RISK
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
  10. INDEMNIFICATION
    You agree to hold harmless and indemnify us and our parent, subsidiaries, affiliates, officers, directors, managers, members, shareholders, agents, employees, advertisers, licensors, suppliers and/or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys' fees arising out of or in any way related to: (i) your breach of these Terms of Use; (ii) your misuse of the Platform (i.e. your use of the Platform not in strict accordance with these Terms of Use); or (iii) your violation of any applicable laws, rules or regulations in connection with your access to or use of the Platform. You agree that we will have control of the defense or settlement of any such claims.
  11. 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.
  12. FORCE MAJEURE
    1. Force Majeure Events . We will not be liable or responsible to you or any user of the Platform, nor be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any of these Terms of Use, when and to the extent such failure or delay is caused by or results from any of the following force majeure events (“ Force Majeure Event(s) ”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the novel coronavirus pandemic (COVID-19) or any variants thereof, tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labour stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) any other similar events beyond our control.
    2. Performance During Force Majeure Events . If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, and if practicable, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section 12, we may thereafter terminate these Terms of Use upon fifteen (15) days' written notice.
  13. 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.
  14. CHILDREN
    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.
  15. PRIVACY POLICY
    Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms of Use. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy .
  16. 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.
    1. Binding Arbitration . You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Platform, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Section 16 of these Terms of Use, except that you may assert individual claims in small claims court, if your claims qualify. Further, you are not precluded from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    2. Arbitration Fees . Each party will cover its own fees and costs associated with the arbitration proceedings.
    3. 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.
    4. Our Equitable Remedies . Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms of Use are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.
  17. AML AND KYC OBLIGATIONS
    You acknowledge and agree as follows:
    1. 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;
    2. 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.
    3. Company may disclose your personal information to:
      1. 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
      2. federal or state regulators as required under any applicable law.
    4. 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.
    5. 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.
    6. Company may use a document verification service to verify a Platform user’s or Creator’s government issued identification.
    7. By using the Platform, you further acknowledge and agree that you are required to comply with Moonpay’s AML/KYC Policy .
  18. GENERAL
    1. Entire Agreement . These Terms of Use and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Platform, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Platform, whether oral or written.
    2. 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.
    3. No Third-Party Beneficiaries . These Terms of Use do not and are not intended to confer any rights or remedies upon any person or entity other than you.
    4. Interpretation . The language in these Terms of Use will be interpreted as to its fair meaning, and not strictly for or against any party.
    5. Severability . Should any part of these Terms of Use be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.
    6. No Waivers . Our failure or delay to exercise or enforce any right or provision of these Terms of Use will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms of Use will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
    7. Governing Law . All matters relating to the these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
    8. Venue . Subject to Section 16 of these Terms of Use, any legal action or proceeding arising under these Terms of Use will be brought exclusively in the State of Federal Courts located in the Commonwealth of Massachusetts, Suffolk County, and we and you irrevocably consent and attorn to the personal jurisdiction and venue there.
    9. Notices . We may provide you with any notices (including, without limitation those regarding changes to these Terms of Use) by email or postings on the Platform. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and to check for any updated postings.
    10. Assignment . You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms of Use in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger.
    11. 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: contact@jambb.com