Terms of Use
Last Modified: November 18, 2024
Acceptance of the Terms of Service
These terms of service are entered into by and between You and 150TRE, Inc. (d/b/a “Beezie” and hereinafter the "Company," "we," or "us"), a Delaware corporation with offices at 8 The Grt, Dover, Delaware. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of www.beezie.io, including any content, functionality, and services offered on or through the Company’s website (the "Platform"), whether as a guest or a registered user. The Platform is owned and operated by 150TRE, Inc.
Please read the Terms of Service carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at [Privacy Policy], incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.
The Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. If you are at least 16 years old but under 18 years old, you may only use the Platform through a parent or guardian’s account with their approval and oversight.
PLEASE BE AWARE THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
THE COMPANY IS NOT AN EXCHANGE, BROKER, FINANCIAL INSTITUTION, WALLET PROVIDER, MONEY SERVICES BUSINESS, OR CREDITOR. THE PLATFORM SOLELY FACILITATES TRANSACTIONS BETWEEN THE BUYERS AND SELLERS OF NON-FUNGIBLE TOKENS (“NFTs”). THE COMPANY PROVIDES A WEB3 PLATFORM THAT ALLOWS ITS USERS TO FIND AND PURCHASE NFTs AVAILABLE ON THE BLAST BLOCKCHAIN AND ANY APPLICABLE PUBLIC BLOCKCHAINS FROM THIRD PARTIES, INCLUDING FROM (A) THE COMPANY, (B) CERTAIN AUTHORIZED RESELLERS, AND (C) PEER-TO-PEER PURCHASES AND SALES. THE COMPANY DOES NOT HAVE CUSTODY OR CONTROL OVER THE ASSETS OFFERED BY SELLERS ON PLATFORM, THE ASSETS OF A PEER USER, NOR BLOCKCHAINS WITH WHICH USERS OF THE PLATFORM INTERACT. THE COMPANY IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLERS OF NFTs DISPLAYED FOR PEER-TO-PEER PURCHASE ON THE PLATFORM. YOU BEAR SOLE AND FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF NFTs YOU PURCHASE THROUGH THE PLATFORM. THE COMPANY MAKES NO CLAIMS, REPRESENTATIONS OR WARRANTIES ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ITEMS OFFERED FOR SALE ON OR THROUGH THE PLATFORM.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction 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.
Your continued use of the Platform following the posting of revised Terms of Service 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, as they are binding on you.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Platform.
· Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Service and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, NFTs, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Platform for your personal, non-commercial use only, provided that users may also use the Platform to promote and generate sales of NFTs strictly in accordance with these Terms of Service (the “Permitted Commercial Use”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use or the Permitted Commercial Use, and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, or the Permitted Commercial Use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text and hyperlink to the URL where it was displayed on the Platform.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes other than the Permitted Commercial Use any part of the Platform or any services or materials available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: support@beezie.io.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company’s trade name, “Beezie”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
· To transmit, or procure the sending of, any advertising or promotional, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
Additionally, you agree not to:
· Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
· Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
· Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Platform.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Platform.
User Contributions
The Platform may contain user comment capability, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant the Company a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Contributions and any name, username or likeness provided in connection with your User Contributions in all media formats and channels now known or later developed without compensation to you for any purpose. When you post or otherwise share User Contributions on or through our Services, you understand that your User Contributions and any associated information (such as your username or profile photo) may be visible to others.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You may not create, post, store, or share any User Contributions that violates these Terms of Service or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Contributions, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Platform Services
On the Platform, unique NFTs (each referred to as a “Beezie NFT”) will be available for purchase. Each Beezie NFT symbolizes a unique asset, as represented or otherwise detailed in the artwork or listing specifics of such Beezie NFT (termed the “Asset”). Ownership of each Asset lies with the individual or entity offering it for sale (the “Seller”). When an individual (the “Initial Seller”) wishes to sell an Asset, they can utilize the Service to list a Beezie NFT that represents this Asset. Ownership of the Asset is transferred from the Seller to the purchaser of the Beezie NFT (the “Buyer”) upon sale.
Prior to the initial sale of a Beezie NFT, the Seller is required to send the corresponding Asset to Beezie for storage as part of using Beezie’s Asset Management Services (terms of which may be further referenced below). When a Beezie NFT is purchased, the Buyer then inherits the Seller’s contractual rights and obligations related to the Asset Management Services, contingent on their adherence to this Agreement, including, but not limited to, the payment of Beeziey Fee. The Buyer may continue to use the Asset Management Services for any Asset linked to their Beezie NFT, resell the Beezie NFT and the linked Asset, or opt to terminate the Asset Management Services and request the delivery of the Asset.
Beezie does not claim to be the Seller of any Asset listed through the Service. While we reserve the right to aid in dispute resolution, we do not oversee the quality of Assets offered by Sellers. We cannot assure the veracity or accuracy of listings, the ability of Sellers to sell Assets, the financial ability of Buyers to make purchases, or that a transaction will conclusively occur concerning Assets listed on our Marketplace. Although Beezie may offer pricing advice and guidelines for Assets and Beezie NFTs, such data is purely for informational purposes. We do not guarantee the quality, legality, or any particular aspect of the Assets sold. Beezie makes no claims regarding the suitability or accuracy of any transactions or interactions among Users. We advise Users to proceed with caution and prudence in all interactions. BEEZIE AND ITS AFFILIATES WILL NOT BE HELD LIABLE FOR ANY CONDUCT OF USERS, WHETHER ONLINE OR OFFLINE. NOR WILL WE BE RESPONSIBLE FOR ANY HARM OR DAMAGES ARISING FROM YOUR USE OF OUR SERVICES.
Access to certain Service features, notably purchasing a BeezieNFT, requires linking a digital wallet that supports transactions in cryptocurrency and NFTs. Transactions initiated via our Service are processed through third-party digital wallet extensions. By using our Service, you agree to abide by the terms of service and privacy policy applicable to these wallet extensions. Please be aware that details such as your wallet's public address and your transaction history may be visible on the blockchain, which is public. Beezie does not control any blockchain or digital wallets and does not manage, store, or directly access any Beezie NFTs, private keys, or other personal properties of Users. All transactions facilitated through our Service are solely recorded on the blockchain, independent of Beezie’s control.
Purchase and Sales of Beezie NFTs
All prices and payment terms for Beezie NFTs are specified at the point of sale. All financial commitments made at the time of purchase are binding. Fluctuations in any currency, whether digital or fiat, do not alter your payment obligations.
Availability of Beezie NFTs for purchase cannot be guaranteed at any given time. A Beezie NFT purchased from an Initial Seller is minted directly into the Buyer’s wallet. When buying from a current Seller, the Beezie NFT is transferred directly from the Seller to the Buyer. Except in cases where The Beezie acts as the Buyer or Seller, we do not retain custody of any Beezie NFTs.
Buyers must ensure their wallets have sufficient funds to cover the total cost of their purchases, including transaction fees, applicable taxes, and Gas Fees. Gas Fees, which cover the computational costs of processing transactions on a blockchain, are subject to market conditions and blockchain activity. Beeziehas no control over, and does not receive any portion of, Gas Fees related to your purchases.
Payments made via the Website are processed through the blockchain or our third-party FIAT payment vendor. We do not control these payments and cannot reverse transactions. Beezie may modify its payment processing services at any time, which may include additional terms. We reserve the right to select the cryptocurrencies accepted as payment methods at our discretion.
If you encounter issues with your purchase of a BeezieNFT, contact us for assistance. We will strive to resolve issues in accordance with current policies and procedures. You are responsible for all taxes associated with your transactions.
By purchasing or acquiring a Beezie NFT, you agree to the terms applicable to such transactions, including the obligation to pay Beezie Fee. These terms also bind any future purchaser of the NFT.
When you list an Asset or Beezie NFT through our Service, you appoint Beezie as your limited payment agent to handle and settle payments due to you from these transactions. Payments received by Beezie on your behalf are considered to have fulfilled the payer's obligation to you. Should there be a failure to settle these payments as described, your recourse is against Beezie only.
Initial Seller Agreement
An Initial Seller who lists an Asset on the Service asserts ownership and the right to list and sell that Asset, agreeing not to offer it elsewhere while it remains listed as a Beezie NFT. Before the primary sale of a Beezie NFT, the Initial Seller agrees to deliver the Asset to Beezie for storage, assuming full responsibility for its safety until received by Beezie at its vaulted storage facility.
Each Initial Seller is entitled to a portion of the Net Revenue, which is defined as the total revenue from the Asset Management Services related to their Assets, minus any agreed-upon fees. Initial Sellers must provide a wallet address supported by our Service to receive payments. Beezie is not liable for issues related to the payment information provided by sellers.
Beezie reserves the right to verify the provenance and condition of Assets and may return Assets that do not meet the specified criteria to the Initial Seller. If a transaction has occurred, Beezie may cancel the sale and refund the Buyer in line with our current policies. For further assistance, contact us directly.
Asset Management Services
Our Asset Management Services include receiving Assets from Initial Sellers, storing them, listing them as Beezie NFTs, and eventually shipping them to their current owners upon redemption. Each Beezie NFT sale includes a fee for these services, which is deducted from the transaction amount and paid to Beezie.
Beezie commits to maintaining the integrity of stored Assets and will ensure they are covered by insurance adequate to their market value. However, we are not liable for any loss or damage to the Assets, except in cases of gross negligence or intentional misconduct.
When you sell a Beezie NFT, you confirm that you have fulfilled any obligations related to the Asset Management Services. The Buyer of your NFT assumes these obligations, entering into a binding agreement with Beezie. You can terminate this agreement by selling the NFT or redeeming it for the underlying Asset.
Upon purchasing a Beezie NFT, you may request delivery of the corresponding Asset, subject to identity and eligibility verification. Beezie will ensure compliance with this Agreement before transferring the Asset, at which point the NFT will be decommissioned.
Third-Party Purchase Service
You may have the opportunity to purchase NFTs from third parties through a service facilitated by Beezie. This service does not make Beezie the seller or offeror of the NFTs or any associated items. We do not independently review these third-party materials for authenticity, and therefore make no warranties regarding their quality or legality.
Purchases made through this service are agreements between you and the third-party offeror. Beezie merely provides the platform and does not transfer legal ownership of NFTs from the offeror to the buyer.
User Agreements, Representations and Warranties
While individuals under 18 may be legally permitted to browse the Website in compliance with the Terms of Service and Privacy Policy, users of the Services provided by Beezie and made available on the Platform hereby represent, warrant, and agree:
You are at least 18 years old or otherwise capable of forming a binding contract in your jurisdiction. By using the Service, you agree (i) to provide accurate, current, and complete information about yourself as requested, (ii) to maintain and promptly update such information from time to time as necessary, (iii) to maintain the security of your Wallet and accept all risks of unauthorized access to your Wallet and to the information you provide to us, and (iv) to notify us immediately if you discover or otherwise suspect any security breaches related to the Service or your Wallet.
You will not buy, sell, rent, or lease access to the Service without our written permission; or access or attempt to access the Service through unauthorized third party applications or clients, including use of VPN if outside the applicable, geographically limited regions.
Beezie may require you to provide additional information and documents from time to time, including without limitation at the request of any competent authority or in order to help the Company comply with applicable law, regulation, or policy, including laws related to anti-money laundering, or for counteracting financing of terrorism. Beezie may also require you to provide additional information and documents in cases where it has reasons to believe that: (i) your Wallet or other means of access to the Service is being used for money laundering or for any other illegal activity; (ii) you have concealed or reported false identification information and other details; or (iii) transactions effected via your Wallet may have been conducted via a breach of this Agreement. In such cases, Beezie, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by Beezie and accepted as satisfying the requirements of applicable law, regulation, or policy. If you do not provide complete and accurate information and documents in response to such a request, Beezie may refuse to provide any Beezie NFT, Content (as defined below), product, service and/or further access to the Service to you.
When you use the Service, you hereby represent and warrant, to and for the benefit of Beezie, its affiliates and its and their respective representatives, as follows:
Authority. You have all requisite capacity, power and authority to enter into, and perform your obligations under this Agreement, including to mint, sell, or buy any Beezie NFTs, as applicable.
Due Execution. This Agreement constitutes your legal, valid and binding obligation, enforceable against you in accordance with this Agreement.
Accuracy of Information. All information provided to Beezieand/or its third-party designees (including KYC and vault services providers) by you is accurate and complete.
Sanctions. You are not, and you will not authorize, enable, or permit any use of the Service by any person that is: (1) in, under the control of, or a national or resident of any jurisdiction subject to a U.S. trade embargo (currently, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People’s Republic, and Luhansk People’s Republic regions of Ukraine); (2) identified on any export- or sanctions-related restricted party list, including but not limited to the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce’s Denied Persons List, Unverified List, or Entity List.
Non-Contravention. This Agreement does not, and the performance of your obligations under this Agreement and your minting, listing, buying, or selling of any BeezieNFTs, as applicable to your use of the Service, will not: (i) if you are an entity, conflict with or violate any of the charter documents of such entity or any resolution adopted by its equity holders or other persons having governance authority over the entity; (ii) contravene, conflict with or violate any right of any third party or any applicable legal requirement to which you or any of the assets owned or used by you, is subject; or (iii) result in any breach of or constitute a default (or an event that with notice or lapse of time or both would become a default) under any material contract or agreement to which you are a party, permit held by you or legal requirement applicable to you.
Independent Investigation and Non-Reliance. You are sophisticated, experienced and knowledgeable in the minting or buying of non-fungible tokens and other crypto-related assets. Additionally, you have conducted an independent investigation of the Service and the matters contemplated by this Agreement, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to mint, list, buy, or sell any Beezie NFTs using or in connection with your use of the Service, you have relied solely on the results of such investigation and such independent judgment. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including Beezie NFTs, are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or digital tokens (including BeezieNFTs) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by Beezie in determining to enter into this Agreement, mint, list, buy, or sell any Beezie NFTs, or otherwise use the Service.
Litigation. There is no legal proceeding pending that relates to your activities relating to the minting of Beezie NFTs or other NFT- or digital asset- trading or blockchain technology related activities.
Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to the Service.You must provide all equipment, including without limitation hardware and software, necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
In the event of insolvency, bankruptcy, or the cessation of Beezie’s business operations, we have established procedures to ensure the return of physical assets vaulted on behalf of our users. To initiate the return process, users are responsible for covering the cost of shipping and any associated taxes. This return process must be initiated within three months after the aforementioned events. We will implement a structured process to identify, segregate, and return these assets to their respective owners. Users will receive prompt notification and detailed instructions on how to reclaim their physical assets. Please note that Beezie will not offer any monetary reimbursement or compensation, except for facilitating the return of the physical assets to the rightful owners.
Drops and Swaps
Random Card or Watch Purchase: Curated drops and Beezie swap mechanism allow users to purchase a digital sealed pack containing a random card for a fixed price, watch or other collectible asset. The specific asset received is determined randomly, and is not able to be selected by the user.
Digital sealed packs, pack opening and auto-reveal: when applicable, a sealed pack comes with opening rules that prevent the user from opening it before a certain time, and allow them to open on their own until a certain time. After the reveal period of a sealed pack has passed, Beezie will automatically reveal that pack on behalf of its owner. These rules may include a mechanism to auto-reveal a pack as soon as it is purchased.
Buyback Offer: Upon purchase of a card from a swap, the user will receive a buyback offer from Beezie for a specified percentage of the card's assumed fair market value.
Fair Market Value Determination: The fair market value of the asset is determined solely by Beezie at its discretion and is not subject to negotiation or contestation. Beezie does not disclose its model for determining fair market value.
Best-Effort Offer: The buyback offer is a best-effort offer from Beezie to the user and is limited in duration. Beezie makes no guarantee about the promptness of the offer or its availability.
No Guarantees: Beezie makes no guarantees regarding the specific card received from the swap, the fair market value assigned to the card, or the availability or timing of the buyback offer.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason without notice and in our sole discretion, although we are under no obligation to screen, edit, or monitor User Contributions.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
· Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
WE MAKE NO REPRESENTATIONS ABOUT THE NFTs OR OTHER THIRD-PARTY CONTENT VISIBLE THROUGH THE PLATFORM, AND USERS BEAR SOLE RESPONSIBILITY FOR VERIFYING THE LEGITIMACY, AUTHENTICITY, AND LEGALITY OF NFTs THAT THEY PURCHASE FROM THIRD-PARTY SELLERS THROUGH THE PLATFORM. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Digital Assets
The Company may, as part of the Services, create or provide digital tokens, badges, digital art, or other interactive or collectible assets incorporating, based on, or otherwise associated with our Brand Partners’ content (“Digital Assets”). Our Brand Partners may offer, and will be solely and exclusively responsible for offering, those Digital Assets to you. The Brand Partner will be solely and exclusively responsible for the terms and conditions applicable to your use and exploitation of those Digital Assets, including, without limitation, any benefits offered to you in connection with those Digital Assets; provided, however, that all benefits in connection with Digital Assets will in all instances be personal to you. You agree that you will not (a) sell, transfer, or otherwise distribute any Digital Assets to any third party (including, without limitation, any other users) in violation of the Brand Partner’s terms and conditions, our Terms of Service or our Privacy Policy, (b) modify the Digital Asset or its contents in any way, combine the Digital Asset or its contents with, or embed the Digital Asset or its contents into any digital or other content or media in violation of the Brand Partner’s terms and conditions, our Terms of Service or our Privacy Policy, or (c) attempt to mint, tokenize, or create additional cryptographic tokens representing the Digital Asset on any platform. If you have any questions about the Digital Asset(s), please directly contact the applicable Brand Partner.
Copyright Policy
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is:
150 Tre dba/Beezie, 8 The Grt, Dover, Delaware.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform includes content provided by third parties, including the NFTs and materials provided by Brand Partners, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Identity Verification Requirements
Users of blockchain wallets are not required to verify their identity, financial information, or geographic location. Therefore, there is an anonymous nature to many blockchain transactions, and as such, there are no guarantees as to the parties to certain transactions. Owners of Beezie NFTs can sell to any wallet holder on any marketplace, and the Company does not have control of or visibility to the person behind that wallet.
Before redeeming a Beezie NFT for the physical asset associated with it, however, as part of the claim process a user must go through third-party verification with our “know your customer” (or “KYC” partner). The Company will not be able to ship the physical item underlying the Beezie NFT if the KYC process has not been fulfilled in accordance with our partner’s terms.
Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT NFTs ARE INHERENTLY PRONE TO FLUCTUATE IN VALUE AND MAY LOSE SOME OR ALL OF THEIR FORMER VALUE. YOU ARE SOLELY RESPONSIBLE FOR BEARING THE RISK OF LOSING MONEY OR VALUE AS A RESULT OF AN NFT TRANSACTION, INCLUDING, ANY PURCHASES YOU MAKE THROUGH THE PLATFORM. YOU ARE ALSO SOLELY RESPONSIBLE FOR ALL TAXES RELATED TO YOUR PURCHASE OF NFTs THROUGH THE PLATFORM AND ANY SUBSEQUENT SALES BY YOU. YOU FURTHER BEAR THE RISK OF REGULATORY CHANGES THAT MAY IMPACT THE VALUE OF NFTs YOU PURCHASE THROUGH THE PLATFORM. YOU ARE ALSO SOLELY RESPONSIBLE FOR RISKS ARISING FROM COUNTERFEIT NFTs, MISLABELED NFTs, NFTs THAT ARE VULNERABLE TO METADATA DECAY, BUGS IN APPLICABLE SMART CONTRACTS, AND NFTs THAT MAY BECOME UNTRANSFERABLE.
Changes to the Platform
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
To make purchases of NFTs through the Platform, you must have a blockchain address connected via “wallet,” which allows you to engage in transactions on the blockchain or leverage the social sign-in option to make a FIAT payment. All transactions initiated through our service are effected by third-party digital wallet extensions or our third-party payment provider. By using the Platform, you agree that such transactions are governed by the terms of service and privacy policy for the applicable extensions. All pricing and payment terms for NFTs are as set forth at the point of sale or otherwise on the Platform, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For the avoidance of doubt, a change, in the value of any currency shall have no bearing on or excuse your obligations with respect to any purchase through the Platform.
Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Platform may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on the Platform.
· Send emails or other communications with certain content, or links to certain content, on the Platform.
· Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Platform other than the homepage.
· Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Platform is based in the United States. We initially provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Third-Party Services; Risks of Blockchain
General Risks
You acknowledge and agree that the rewards offered through the Services are dependent on the blockchain protocol and network services offered to you by the Blast blockchain or another third-party blockchain and network service provider (“Blockchain Service Providers”) (collectively, the “Blockchain Services”). As part of the Blockchain Services, Digital Assets are respectively created and recorded on the relevant blockchain protocol and network that is outside the control of the Company.
Technical Risks
The Blockchain Services may be adversely affected by malfunctions, congestion, bugs, defects, hacking, theft, attack, or negligent coding or design, which may result in a total loss or forfeiture of Digital Assets or the failure to complete your desired transaction (whether at your desired time or at all).
Legal Risks
You acknowledge that as a new technology, the Blockchain Services are subject to many risks and uncertainties, and that the Company is not responsible or liable for the loss of Digital Assets related to the functioning of Blockchain Services. The Company is also not responsible or liable for the Blockchain Services, nor for the acts or omissions of any contributor to the Blockchain Services that may affect the digital assets. It is not a breach of these Terms if the Company is not able to perform the Services due to unavailability of or errors by the Blockchain Services. You understand that the Company will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Digital Assets, however caused.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE COMPANY IS NOT RESPONSIBLE FOR NFTS BOUGHT OR SOLD THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY (INCLUDING SUPPLIERS, RESELLERS, VAULTING SERVICES, OR OTHERWISE) REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Additional Disclaimers
WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY BEEZIE NFTS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE 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 SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING IN CONNECTION WITH ANY RECOMMENDATION. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY PURCHASE OR USE OF BEEZIE NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, WALLET SECURITY ISSUES OR LOST SEED PHRASES, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, BEEZIE NFTS OR DIGITAL WALLETS.
BEEZIE NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY COMPANY ENTITY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY BEEZIE NFTS. WE CANNOT AND DO NOT GUARANTEE THAT ANY BEEZIE NFT WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY BEEZIE NFT PURCHASED THROUGH THE SERVICE.
The Company is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Beezie NFTs. The Company is not responsible for any delay or failure to report any issues with any blockchain supporting Beezie NFTs, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY SELLERS OF ASSETS OR BEEZIE NFTS OR ANY THIRD-PARTY OFFERORS OF BEEZIE NFTS OR RESELLER NFTS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE OR THIRD-PARTY SELLERS OF BEEZIE NFTS. BEEZIE MAKES NO WARRANTY THAT ANY GOODS OR SERVICE PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
EXCEPT WHERE THE BEEZIE IS THE BUYER OR SELLER, THE COMPANY IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS, INCLUDING, WITHOUT LIMITATION, SWAP TRANSACTIONS. WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES THROUGH VARIOUS PROGRAMS, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ASSETS ADVERTISED, THE TRUTH OR ACCURACY OF USER CONTENT OR LISTINGS, THE ABILITY OF SELLERS TO SELL ASSETS, THE ABILITY OF BUYERS TO PAY FOR ASSETS, OR THAT BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
We do not transfer legal ownership of Assets from the Seller to the Buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller agree otherwise. Further, we cannot guarantee continuous or secure access to the Service and operation of the Service may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES INCLUDING BUT NOT LIMITED TO ANY NFTs, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING YOUR CONTENT), THE ASSET MANAGEMENT SERVICES, OR ANY BEEZIE NFTS MINTED, PURCHASED, OR SOLD THROUGH THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RETAINED BY THE COMPANY IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platform.
Dispute Resolution
Please read this Section (sometimes referred to herein as this “Arbitration Agreement”) carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms of Service or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms of Service.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 2130 N Beachwood Dr, Unit 8, Los Angeles, CA 90068. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(e) Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in paragraph (a) (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Service as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(f) Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
(g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: email, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(h) Severability. Except as provided in paragraph (f) (Waiver of Class or Other Non-Individualized Relief), abode, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
(j) Modification. Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: [admin@beezie.io].
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Your Comments and Concerns
This website is operated by 150TRE, Inc. (d/b/a Beezie).
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [support@beezie.io].
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