Terms of Service | TBH Tix Marketplace Rules TBH TIX

TBH TIX – TERMS OF SERVICE

Last updated: May 1, 2024 

OVERVIEW

Thank you for your interest in and use of our Site (tbhtix.com) and the related products, services, and content contained therein (collectively, the “Site” or the “Services”). Fan Base Tix LLC, a Nevada limited liability company dba TBH TIX, and its subsidiaries, successors, assigns, representatives, affiliates, members, managers, and officers (“NFT,” “we,” “us,” or “our”) provides the Services to you (“User,” “Customer,” “Subscriber,” “you,” or “your”), subject to the terms contained in this Terms of Service Agreement, our Privacy Policy, our Cookie Policy, and any other agreement incorporated by reference (collectively, “Agreement” or “Terms”).

We are Las Vegas Raiders fans, and the Site is a ticket exchange built for, and unique to, Raider fans. We provide an intermediary platform between ticket buyers and ticket sellers exclusively related to Raiders’ football games (and related passes), and no other events. We do not own tickets sold on the Site or via the Services, and ticket prices may exceed the face value of the ticket purchased.

That said, please be advised that we are not a subsidiary, affiliate, partner, contractor, or agent of the Las Vegas Raiders. In fact, we are not related to the Las Vegas Raiders organization in any way. We are just diehard fans attempting to create further comradery amongst the best fan base in football.

By accessing or using the Services on any computer, mobile phone, tablet, console, or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms and any other applicable law, whether or not you are a registered member or Subscriber to the Services. We may change these Terms and our Privacy Policy (incorporated herein by this reference) at any time without notice, effective upon its posting to the website. Upon posting, the updated Terms will apply to causes of action arising after the effective date of the change. You should continue to check the Site for changes. Your continued use of the Services shall be considered your acceptance to the revised Terms.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE SERVICES, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THE SERVICES.

THIS AGREEMENT CONTAINS MANDATORY ARBITRATION OF DISPUTES PROVISIONS THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY AND ALL DISPUTES ARISING FROM YOUR RELATIONSHIP WITH NFT, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. ACCESS TO SERVICES

You may use the Services only if you can form a binding contract with NFT, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and your right to access and use the Services is revoked where these Terms or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. The Services are not available to any Users previously removed from the Site by us.

In order to use the Services, you must have internet access, and you agree to pay all fees associated with such access. You agree to comply with, and your license to use the Site is conditioned upon your compliance with, all applicable third-party terms of use and agreements when using the Services.

You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we or you may use to provide the Services. You agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

2. USING THE SITE

A. License to You

Subject to these Terms and our policies (including our Privacy Policy, Cookie Policy, and any other policies made available to you via the Site), you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by the features of the Site. We reserve all rights not expressly granted herein in the Services and all NFT content. We may terminate this license at any time for any reason or no reason, and the license granted hereunder is subject to the following:

i. You will not copy, distribute or modify any part of the Services without our prior written authorization;

ii. You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;

iii. You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;

iv. You will not disrupt servers or networks connected to the Services; and v.You comply with these Terms.

Using our Services does not give you ownership of any intellectual property rights in our Site or the Content you access (other than your User Content), which shall remain our sole property and/or that of our respective licensors, if applicable.

B. Prohibited Activities

By using the Services, you agree to: review and comply with these Terms and the Privacy Policy; comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; provide accurate information to us and update it as necessary; and act honestly and in good faith.

By using the Services, you agree NOT to:

ii. Create an account for anyone other than yourself (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand);

iii. Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts;

iv. Use or attempt to use another’s account or create a false identity; duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services (excluding your User Content) except as permitted in these Terms, or as expressly authorized by us;

v. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

vi. Utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services;

vii. Adapt, modify or create derivative works based on the Services or technology underlying the Services, or other User Content (excluding your User Content), in whole or part;

viii. Rent, lease, loan, trade, sell/re-sell any information on the Site (excluding your User Content) in whole or part;

ix. Sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent;

x. Remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours, any of our our licensors’, or otherwise);

xi. Remove, cover or otherwise obscure any form of advertisement included on the Services;

xii. Collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same);

xiii. Share other users’ or third party’s information or their User Content without their express consent;

xiv. Infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;

xv. Use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, “cache”, “spider”, “robot” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

xvi. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;

xvii. Access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

xviii. Attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;

xix. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses through or on the Services; and/or

xx. Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.

NFT may, without prior notice, change the Services; stop providing the Services or any features of the Services, to you or to Users generally. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, our policies, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Site Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users; provided, however, we shall have no liability for your interactions with other Users, or for any User’s action or inaction whatsoever; provided, however, NFT does provide certain limited protections for Site Users as more specifically set forth in our User Guide.

C. Uploads.
Certain features of the Services may require access to and use of your Device’s camera and media storage applications (e.g., to upload photos). You hereby authorize the Site to access such components of your Device. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES, MEDIA MAY BE SENT FROM YOUR DEVICE TO NFT AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you submit, broadcast, upload and/or post will be subject to the terms applicable to Content, as described below. You hereby waive all rights to any media uploaded to the Site and grant NFT exclusive rights to use any uploaded media at its discretion.

3. YOUR ACCOUNT

In order to access the Services (including posting of User Content), you are required to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. You must notify us immediately of any breach of security or unauthorized use of your account, by an e-mail to support@fanbasetix.com

You will be liable for any use made of your account or password and for our or others’ losses due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account. If we terminate your access to the Services or you delete your account, all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Services.

You hereby grant us the right to disclose to third parties certain Registration Info and/or User Content (defined below) about you and you shall further be bound to all terms, conditions, covenants, policies, and the like of any third-party vendor or organization with which we engage to provide the Services.

A. User Content

The Site may allow you and other Users to post certain content such as profile information, comments, photos, videos and other content or information (“User Content”). You represent and warrant that your User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. By submitting User Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant us the right to use your name or image in association with your User Content, if we so choose, and agree that your User Content is non-confidential, and we are not responsible nor shall we have any liability or obligation related to its use or disclosure. To the fullest extent permitted under applicable law, you waive your moral rights in the User Content and promise not to assert such rights against us, our affiliates, agents, sublicensees, or assignees. You further agree that you will indemnify, defend, and hold us, our subsidiaries, affiliates, employees, agents, successors and/or assignees harmless from and against any and all claims resulting from your User Content.

i. Create an account via the Site by providing true and accurate information.
ii. Be the legal owner, or authorized representative of the legal owner, of any tickets you list and offer for sale on the Site. If you deliver incorrect, misrepresented, invalid, fraudulent or counterfeit tickets for any sale or portion of a sale you will be subject to a replacement fee, other charges, and/or account suspension or termination. Selling stolen, invalid, fraudulent or counterfeit tickets tickets or other stolen items on the Site is a serious offense and violation of various laws, and you shall be solely liable for any such sale and shall indemnify, defend, and hold us, our subsidiaries, affiliates, employees, agents, successors and/or assignees harmless from and against any and all claims resulting from such sale.
iii. Provide a valid checking or savings account into which funds may be deposited upon the consummation of any ticket sales.
iv. Provide a valid email address and mobile phone number to which messages may be sent by us relating to any ticket listings or transactions (you shall be solely responsible for any charges related to such messages imposed by any provider).
v. By listing a ticket for sale, you are making a binding offer to sell that ticket to a buyer who purchases the ticket for the final sale price. You may remove any listing before the ticket(s) are sold.
vi. If you choose to list your tickets on other sites and you sell your tickets elsewhere, you must remove them from the Site immediately.
vii. You are responsible for collecting and remitting any and all applicable international, federal, state, or municipal taxes in connection with ticket sales.

As a seller, you further agree as follows: 

i. NFT does not guarantee that your tickets or related passes will sell or that your listing will appear on the Site within a certain time after it is posted. We shall not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage, maintenance, or listing delays.
ii. NFT will pay you within three (3) to five (5) business days of the consummation of the transaction between seller and buyer, including, without limitation, the parties abiding by and meeting all NFT requirements via the Site. However, if a Buyer reported any issues with the tickets, including the tickets being invalid or double sold, we will investigate the situation and reserve the right to withhold your payment, suspend your account and/or remove any credit in your account. You will be held responsible for any additional costs to NFT for finding replacement tickets, and we reserve the right to charge any of your stored payment methods for this cost.
iii. If you sold tickets to a cancelled event or a playoff game that’s not played, we’ll email you to let you know and you will not be paid for such sale.
iv. NFT shall evaluate any postponed events on a case-by-case basis to determine the appropriate course of action. We reserve the right to treat any postponed events as a cancelled event and return the tickets to you.

D. Buyers

As a buyer using our Site, you hereby agree that you shall comply with these Terms, requirements of the Site, any of our policies, and all applicable local, state, and federal laws and regulations. You are solely responsible for such compliance, and you agree that you will indemnify, defend, and hold us, our subsidiaries, affiliates, employees, agents, successors and/or assignees harmless from and against any and all claims resulting from your use of the Services to list, sell, and deliver tickets to buyers. Without limiting the generality of the foregoing, all sellers utilizing the Services shall, at a minimum:

Create an account via the Site by providing true and accurate information. ii.Verify your account pursuant to our fan verification process, including, without limitation: a) uploading a recent photo of yourself wearing Las Vegas Raiders apparel; b) submission of answers to general questions we may ask related to being a Las Vegas Raiders fan; c) “like” and “follow” our applicable social media accounts; d) linking a credit card, debit card, bank account, or Apple Pay or Google Play account to your account on the Site to ensure payment for any purchased tickets. iii.Provide a valid email address and mobile phone number to which messages may be sent by us relating to any ticket listings or transactions (you shall be solely responsible for any charges related to such messages imposed by any provider).

4. INTELLECTUAL PROPERTY

All Content (except for User Content) is owned by NFT or its licensors, which includes materials protected by copyright, trademark, trade dress or patent laws. All trademarks, service marks and trade names (e.g., the Fan Base Tix, and TBH TIX and related logos) are owned, registered and/or licensed by NFT. All content on the Site (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, logos, information, materials, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of NFT, its licensors, vendors, agents and/or its Content providers; all rights reserved. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these Terms, the use of any such material on any other website or networked computer environment is strictly prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site. The Services may only be used for the intended purpose for which such Services are being made available. Except as may be otherwise indicated in specific documents within the Services, you are authorized to view, play, print, and download documents, audio and video found on the Services for personal, informational, and noncommercial purposes only. This section shall survive any termination of these Terms.

If you download or print a copy of any Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.

5. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the Site, NFT may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Site. If you believe any material available via the Site infringes a copyright, you should notify NFT using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.

If you believe that your work has been improperly copied and posted on the Site, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give NFT legally sufficient notice of infringement. Send copyright infringement complaints to:

Fan Base Tix LLC​
Address: 1489 W. Warm Springs Rd. Ste. 110
Henderson, NV 89014
Email: support@fanbasetix.com

6. GOVERNING LAW AND ARBITRATION. 

A. Governing

Law You agree that: (i) the Services shall be deemed solely based in Nevada; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over NFT, either specific or general, in jurisdictions other than Nevada. This Agreement shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Clark County, Nevada for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

B. Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NFT.

You and us each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Rules and Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration shall be held before a JAMS neutral in Las Vegas, Nevada. The applicable law shall be the laws of the State of Nevada. The arbitrator may grant injunctive relief or such other relief as the arbitrator deems proper. The decision of the arbitrator shall be final, conclusive, and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. You and us shall each pay one-half of the fees, costs and expenses of such arbitration and each of the Parties shall separately pay the fees and expenses for that Party’s own legal counsel. The prevailing party in any arbitration, as determined by the arbitrator, shall be entitled to recover its reasonable attorneys’ fees, costs, charges, and expenses expended or incurred in the mediation, arbitration, or any other judicial proceeding. As it relates to this Arbitration Agreement, you further acknowledge and agree to the following:

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND GAMETIME UNITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. NEITHER THIS WAIVER, NOR ANY PART OF THIS AGREEMENT, SHALL BE CONSTRUED TO PREVENT AN INDIVIDUAL FROM SEEKING PUBLIC INJUNCTIVE RELIEF FROM THE ARBITRATOR.

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims(i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Such claims may be brought and litigated in a court of competent jurisdiction by either party on an individual basis only.

Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute hereunder, including, without limitation, any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable, or illusory and any defense to arbitration, including, without limitation, waiver, delay, laches, or estoppel.

This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, representatives, third-party beneficiaries, and assigns, where their underlying claims arise out of or relate to a dispute.

You may choose to reject this Agreement to Arbitrate (‘opt out’) by mailing us a written opt-out notice (‘Opt-Out Notice’). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept this User Agreement. You must mail the Opt-Out Notice to Fan Base Tix LLC. Attn: Legal Department, Re: Opt-Out Notice, 1489 W. Warm Springs Rd. Ste. 110, Henderson, NV 89014. You must complete the Opt-Out Notice form by providing your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the NFT account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of this Agreement, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

C. International Use.

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. If you choose to access the Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet, if applicable. Any offer for any product, Service, and/or information made in connection with the Site is void where prohibited.

7. PRIVACY

Our Privacy Policy, which is incorporated into these Terms by this reference, further describes the collection and use of information in the Services.

8. NOTICES

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

9. DISCLAIMERS; LIMITATION OF LIABILITY

The Services and all included content are provided on an “AS IS” basis without warranty of any kind, whether express or implied.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

IN ALL CASES AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.

10. INDEMNITY

You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.

11. TERMINATION

NFT reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Content, may continue to appear within the Services even after your User Content is removed or your account is terminated. These Terms remain in effect even after your account is terminated.

12. FORCE MAJEURE

We shall not be in default or otherwise liable under this Agreement due to our inability to perform our obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, terrorism, cyber-terrorism, embargo, war, act of God, natural disaster, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default by us hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under our control.

13. ENTIRE AGREEMENT

These Terms incorporate the following legal documents by reference, as well as any other Site requirements, policies, or procedures referenced herein that are posted to the Site from time to time:
∙ Privacy Policy
∙ Cookie Policy

In the event of a conflict between any policies posted on the Site and these Terms, these Terms will control. These Terms represents the entire understanding between NFT and you regarding the Services, Site, or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

This Agreement, and any schedules incorporated by reference herein, constitutes the full and complete statement of the agreement between the parties with respect to the subject matter hereof and supersedes any previous or contemporaneous agreements, understandings or communications, whether written or oral, relating to such subject matter. You acknowledge that you have read this Agreement, understand it, and agree to be legally bound by its terms and conditions.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.