Effective Date: May 31, 2023
NOTICE TO NFT PURCHASERS:
If you are purchasing an NFT, or transferring ownership of an NFT, you are also agreeing to the NFT Purchase & IP License Agreement found at this link https://www.swaggersociety.io/swagger/ip-license. To the extent there is any conflict between this Agreement and the NFT Purchase & IP License Agreement, the NFT Purchase & IP License Agreement shall control.
THIRD PARTY END USER LICENSE AGREEMENT (“EULA”):
Your use of the Website is subject to the VALTS Corporation (“VALTS”) EULA [https://www.swaggersociety.io/swagger/eula] and sets out the basis on which VALTS makes the software for the Website available to you and on which basis you may use the Website. VALTS reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify the EULA and to impose new or additional rules, policies, terms, or conditions on your use of the Website. These updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Website following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. The EULA shall coexist with, and shall not supersede, this Agreement. To the extent that the provisions of this Agreement conflict with the provisions of the EULA, the conflicting provisions in the EULA shall govern.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL. PLEASE READ THEM CAREFULLY.
SWAGGER SOCIETY MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT SWAGGER SOCIETY MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
The views expressed in the Swagger Society community and on this website have no relation to Peloton Interactive, Inc. or any of its affiliates, subsidiaries, employees, directors or officers. Peloton Interactive, Inc. is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Swagger Society or any of its subsidiaries or affiliates.
As used in this Agreement:
● “Account” means a Registered User’s account with the Website.
● “Member(s)” means Registered Users who purchased a membership in the form of an NFT to access unique features and services offered through the Website.
● “NFT” means non-fungible token, a non-interchangeable, unique unit of data stored on a blockchain digital ledger that can be sold or traded.
● “Registered User(s)” means Users who have made an account to use and access the Website.
● “Swagger Points” means digital points made available through the Website that are then able to be redeemed in exchange for rewards in any physical or digital form, including, without limitation, in the form of tokens (fungible and non-fungible).
● “User(s)” means all individuals that visit the Website, including Registered Users and Members.
● “You / Your / You’re” means Users.
About the Website
Swagger Society is the first Web3 lifestyle membership club. Our exclusive club offers a unique membership experience with two types of access: non-member access and member-access. As a member, you will have access to our exclusive rewards program, Swagger Points, and receive exclusive benefits that are not available to non-members. As a member of Swagger Society, you’ll join a community of like-minded individuals who share a passion for the latest in lifestyle, culture, and Web3.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Swagger Society and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Swagger Society makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
Swagger Society may, from time to time, offer access to the Website that is classified as Beta version. Swagger Society makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version of the Website at any time without notice. Beta versions of the Website is provided AS IS, and may contain bugs, errors, or other defects. Your use of a Beta version is at your sole risk.
Ownership of Website and License
You acknowledge and agree that Swagger Society is the owner of, or has rights in and to, the Website and its associated software and content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Swagger Society.
Swagger Society hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Swagger Society, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Swagger Society.
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website is the property of their respective owners. All Swagger Society marks are the property of Swagger Society, including, but not limited to SWAGGER SOCIETY, GOT SWAGGER?, ROBINNYC, and all Swagger Society logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Swagger Society. You are prohibited from using Swagger Society’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Swagger Society.
Use of Website and Your Responsibilities
An email is required to create an Account and use the Website. Through your Account, you will be able to view, change, or delete information from your Account. Your Account on Swagger Society will be associated with your linked blockchain wallet address. The Website provides two types of access: non-member access and member-access. Non-member access is available to all Registered Users who have not purchased a membership. Non-members may be restricted from accessing certain features, content, and rewards on the Website. Member-access is available to Registered Users who have purchased a membership. Members have access to special rewards and features unique to them, including but not limited to exclusive content, merchandise, and events. Members may also have access to the Website’s community and may participate in forums, chats, and other interactive features as made available by Swagger Society.
You may only use the Website pursuant to the terms of this Agreement. You understand that the Website is subject to change and may be modified at any time without notice. The Website is provided AS IS, and may contain bugs, errors, or other defects. Your use of the Website is at your own risk. Users are solely responsible for their use of the Website and shall abide by, and ensure compliance with, all laws in connection with use of the Website, including, but not limited to, laws related to recording, intellectual property, privacy, and export control. All Users that use the Website agree to the terms of this Agreement.
By using your wallet in connection with the Website, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Swagger Society, and Swagger Society does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Swagger Society accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Website will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Website or your Account.
You have a duty to ensure that the information provided through the Website and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website. Swagger Society reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify Swagger Society for any damages that arise out of or in relation to the use of the Website.
Registered Users agree to keep their Account secure from unauthorized access. Registered Users should not reveal their passwords or login credentials to others. Registered Users agree that they alone are responsible for their Account and all associated activities and purchases. Registered Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact Swagger Society immediately. Registered Users agree to hold harmless and indemnify Swagger Society for any damages that arise out of or in relationship to the use of their Account.
Rewards and Redemption
We offer digital rewards in the form of points (Swagger Points) that can be redeemed for prizes, including real-life experiences offered through third-parties. We reserve the right to modify the value of rewards at our discretion and at anytime without notice. We do not assume liability for any failure by third-parties to provide these prizes. By redeeming rewards, you agree to abide by any additional terms and conditions imposed by the third-parties.
Swagger Points do not constitute property, do not entitle You to a vested right or interest and have no cash value. As such, Swagger Points are not redeemable for cash, transferable or assignable for any reason. Accordingly, Swagger Points are not transferable (a) upon death, (b) as part of a domestic relations matter, (c) from separate rewards accounts held by one User, or (d) otherwise by operation of law. The sale or transfer of Swagger Points is strictly prohibited. Swagger Points may not be sold on any secondary market, and any transfer of Swagger Points to a secondary market shall be deemed void. Any Swagger Points remaining in a User’s rewards account if the rewards program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Swagger Points to other Swagger Society programs, unless otherwise determined by Swagger Society in its sole and absolute discretion. Points earned will expire at the end of one (1) year after they are earned following a period of inactivity in your Account.
The Swagger Points rewards program is open to legal residents of the fifty (50) United States, the District of Columbia, Puerto Rico, and the United States Virgin Islands who are at least eighteen (18) years of age or older. All aspects of the program may not be available to residents of Puerto Rico and the United States Virgin Islands. It is void where prohibited by law. Users must have a valid Account. NOTE: Your Account profile must include a valid email address. If you connect multiple accounts (such as Twitch, Discord, etc.), the same email account must be tied to such Account. If your Account does not meet this requirement, you may be suspended from the Swagger Points rewards program.
Visiting the Website or making any contact to Swagger Society or through the Website to third parties shall constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Prices for any services and products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinued products. In the event a service or product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product/service listed at the incorrect price. This right to refuse or cancel any order shall exist whether or not the order has been confirmed and you have been charged. If a charge has already occurred and your order is canceled, we will promptly issue a credit in the amount of the incorrect price.
Payment, Taxes, and Gas Fees
When making a purchase through the Website, payments are processed through a third-party payment processor, Stripe, Sardine or Depay. By utilizing one of these, you are agreeing to their separate Terms of Service found at Stripe: here; Sardine: here, and Depay: here.
You understand and agree that Swagger Society will not be held liable for any User’s failure to complete a transaction entered into through the Website. You represent and warrant that if you are making online payments that: (a) any credit card debit card or bank account information you supply is true, correct and complete; (b) charges incurred by you will be honored by your credit card company, debit card company or bank; (c) you will pay the charges incurred by you in the amounts posted, including taxes; and (d) you are the person to whom the credit card, debit card or bank account belongs to. Additionally, the cost of gas fees to complete transactions on the blockchain may apply. The amount of the gas fee varies depending on the current state of the network and the complexity of the transaction. You are solely responsible for paying any gas fees necessary to complete a transaction, directly to the blockchain network. Swagger Society is not responsible for any delays or errors caused by gas fees.
To allow Swagger Society to determine its tax obligations, unless you otherwise notify us in writing, you confirm that you are meeting all your tax obligations and are not a resident of a country where Swagger Society may be required to withhold or pay any taxes on your behalf. You also agree to inform us promptly in writing if your status changes in the future and to provide any necessary documentation or information to allow Swagger Society to comply with applicable tax laws.
The user is responsible for calculating and paying any additional taxes owed. Please note that Swagger Society is not providing tax advice and users should consult with their own tax advisors regarding their tax obligations."
Certain Swagger Society Users may be eligible for free, automatic distributions of NFTs at Swagger Society’s sole discretion. This is known as an “Airdrop”. Swagger Society reserves the right to change these terms or halt Airdrops at any time without notice. By accepting NFTs, users consent to the Airdrop rules and acknowledge that Swagger Society’s decisions are final. Users from certain sanctioned countries are excluded from Airdrops without exception. This includes, but isn’t limited to, countries like Bahamas, Congo, Botswana, Cambodia, among others.
Swagger Society alone determines eligibility and the amount of NFTs distributed during each Airdrop. Different users may receive varying amounts based on established criteria. There’s no obligation to inform users of these criteria prior to an Airdrop. Eligible users must complete Swagger Society’s KYC/Whitelisting procedures satisfactorily to receive an Airdrop. Additional information may be requested for compliance with applicable law or regulation. Refusal or delay to provide requested information may result in forfeiture of the Airdrop.
Swagger Society reserves the right to disqualify any user from an Airdrop if deemed inappropriate or unacceptable. NFTs will be created to each eligible User’s verified account or compatible wallet address at a time decided by Swagger Society. Upon Airdrop completion, users will be notified that NFTs were credited to their accounts. Airdrops are not transferable and cannot be substituted for cash or other equivalents. Any decision related to the Airdrop by Swagger Society is final, without possibility of appeal or review.
Sweepstakes and Contests
User Generated Content
Users may submit content to the Website, including, but not limited to text, photos, audio, and videos (collectively “User Generated Content”).
Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Swagger Society does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Swagger Society a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the Website. Swagger Society acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Swagger Society does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
Swagger Society reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. Swagger Society also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
The SwaggerSociety.io website, content, and services (“Website”) are © 2023 Swagger Society LLC (“Swagger Society”).
Swagger Society respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Swagger Society and are protected by copyright and other intellectual property laws.
By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of Swagger Society has infringed upon your copyright rights, please provide Swagger Society with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Swagger Society receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Swagger Society will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Swagger Society with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be compliant with §512 of the Digital Millennium Copyright Act and must also contain the following:
1) The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2) Identification of the copyrighted work(s) alleged to have been infringed;
3) The location of the copyrighted work(s) on the Website;
4) Your contact information, such as an address, telephone, fax number, or email address;
5) A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
6) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
1) Identification of the specific materials that have been removed from the Website;
2) Your contact information, such as an address, telephone, fax number, or email address;
3) A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
4) A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in _______;
5) A statement that you will accept service of process from the notifying party; and
6) Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to:
Pierce & Kwok LLP
299 Broadway, Suite #1405
New York, NY 10007
With a copy e-mailed to firstname.lastname@example.org
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from:
● Posting or transmitting content that:
- Infringes upon the intellectual property rights of others, including posting or sharing content that belongs to someone else;
- Uses the name, image, or likeness of any individual without their express content, including the names or images of celebrities or public figures in connection with the Website;
- Discloses confidential information obtained through the use of the Website;
- Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
- Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
- Incites any illegal activity or unlawful sexual solicitation;
- Relates to weaponry, controlled substances, gambling, or debt collection;
- Raises support or defense of anyone alleged to be involved in criminal activity;
- Impersonates another or is fraudulent, inaccurate, or misleading;
- Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Intends to collect personal or personally identifiable information from others;
- Violates any term or condition of this Agreement;
● Using a robot, spider, scraper, or other automated technology to access the Website;
● Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
● Attempting to gain access to the private data or personal information of a Website user or third party;
● Circumventing Swagger Society’s technological and physical security measures;
● Suggesting an affiliation with or endorsement by Swagger Society.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Swagger Society by sending an email to: email@example.com.
In the event Swagger Society provides access to the Website via a mobile device: to the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Swagger Society is not responsible for any fees or errors that occur while accessing the Website via mobile device.
Section 230 of Communications Decency Act
You acknowledge and agree that Swagger Society is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Swagger Society may edit, remove, or control the content displayed through the Website, you agree that Swagger Society will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
Third Party & Affiliate Links
You understand that the Website may contain links to third party websites, applications, or services that Swagger Society does not own or control. You agree that Swagger Society will not be held responsible or liable for the content of third-party websites, applications, or services and that Swagger Society’ inclusion of those websites, applications, or services within its Website does not constitute Swagger Society’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
From time to time, Swagger Society will refer to commercial products, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. Swagger Society does not endorse any commercial product, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Swagger Society and are not intended to be used for product endorsement purposes.
Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Swagger Society may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. Notwithstanding the foregoing, this Agreement shall remain subject to the terms of the EULA (End User License Agreement).
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT WE DO NOT GUARANTEE THE ACCURACY, SAFETY, INTEGRITY OR QUALITY OF THE WEBSITE AND YOU HEREBY AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE WEBSITE, AND INTEGRITY AND ACCURACY OF THE WEBSITE. NOTHING ON THE WEBSITE SHOULD BE DEEMED TO CONSTITUTE A RECOMMENDATION TO PURCHASE, SELL OR HOLD, OR OTHERWISE TO CONSTITUTE ADVICE REGARDING, ANY REGISTERED OR UNREGISTERED SECURITY.
SALES HOSTED ON THE WEBSITE ARE NOT INTENDED TO BE AN OFFERING OR SALE OF SECURITIES, SWAPS ON EITHER SECURITIES OR COMMODITIES OR A FINANCIAL INSTRUMENT OF ANY KIND AS MAY BE DETERMINED BY AND LAW, RULE, OR REGULATION. PURCHASES AND SALES OF DIGITAL REWARDS MAY NOT BE SUBJECT TO THE PROTECTIONS OF ANY LAWS GOVERNING THOSE TYPES OF FINANCIAL INSTRUMENTS. BY ACCESSING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT SWAGGER SOCIETY IS NOT A WALLET PROVIDER, EXCHANGE, BROKER, FINANCIAL INSTITUTION, CREDITOR, AND DOES NOT ENGAGE IN THE BUSINESS OF EFFECTING SECURITIES TRANSACTIONS OR PROVIDING INVESTMENT ADVICE AND IS NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES REGULATOR AS A BROKER-DEALER OR INVESTMENT ADVISER AND DOES NOT CONDUCT ANY ACTIVITY THAT WOULD REQUIRE SUCH REGISTRATION.
SWAGGER SOCIETY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. SWAGGER SOCIETY PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
SWAGGER SOCIETY WILL NOT BE HELD LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR; ANY USE OF NFTS, CONTENT AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, HACKING, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE OR CRYPTO ASSETS.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFER OR SALES OCCUR ON THE ASSOCIATED BLOCK CHAIN (E.G. ETHEREUM). WE DO NOT GUARANTEE THAT SWAGGER SOCIETY AND/OR ANY OTHER SWAGGER SOCIETY PARTY CAN AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. YOU SHOULD NOT PURCHASE OUR NFTS WITH A VIEW TO INVESTMENT, RESALE OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON SWAGGER SOCIETY. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, SWAGGER SOCIETY MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE WEBSITE.
NO SWAGGER SOCIETY PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G. WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO SWAGGER SOCIETY PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
SWAGGER SOCIETY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. SWAGGER SOCIETY IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. SWAGGER SOCIETY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
SWAGGER SOCIETY WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
Limitation of Liability
SWAGGER SOCIETY, AND ITS SUBSIDIARIES, AFFILIATES, THIRD PARTY LICENSORS AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND PROMOTIONAL AND ADVERTISING AGENCIES, SUCCESSORS, ASSIGNS (COLLECTIVELY THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT THE RELEASED PARTIES CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO SWAGGER SOCIETY, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. SWAGGER SOCIETY IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
BY USING THIS WEBSITE, YOU ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE LEGAL ACTION OR FILE A LAWSUIT AGAINST ROBIN ARZÓN AND VALTS CORPORATION ARISING FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE. THIS INCLUDES ANY CLAIMS RELATED TO YOUR NFTS, MEMBERSHIP, REWARDS, OR ANY OTHER ASPECT OF THE WEBSITE OR UNDERLYING SOFTWARE.
You agree to hold harmless, indemnify, and defend Swagger Society, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Swagger Society under the terms of this Agreement will not provide you with the right to control Swagger Society’s defense, and Swagger Society reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Swagger Society.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Swagger Society may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Jurisdiction, Governing Law, and Resolution of Disputes via Arbitration
This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of New York without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in New York, with venue proper in New York, New York.
YOU AND SWAGGER SOCIETY AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM SWAGGER SOCIETY, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN NEW YORK, NEW YORK AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF NEW YORK AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SWAGGER SOCIETY AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF NEW YORK. YOU AND SWAGGER SOCIETY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, 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. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND SWAGGER SOCIETY AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND SWAGGER SOCIETY FURTHER AGREE THAT, BY ENTERING INTO THE AGREEMENT, YOU AND SWAGGER SOCIETY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Swagger Society will not knowingly collect personally identifiable information from children under the age of eighteen (18) for the creation of User Accounts. If Swagger Society inadvertently collects such personally identifiable information outside of the purposes of the Website, Swagger Society will delete the personally identifiable information in accordance with its security protocols.
Limitation on Actions
SWAGGER SOCIETY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SWAGGER SOCIETY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Reservation of Rights
All rights not expressly granted herein are reserved to Swagger Society.
NoticeAny notice required by this Agreement must be in writing and must be emailed to: firstname.lastname@example.org.