Infinite Dodos's Terms of Service and Condition of Acquisition and Sale
Last Updated: April 10th, 2022
INDEX
0. Notice
1. Definitions
2. Introduction
3. In brief
4. Perks
5. Limitations
6. Smart Contract Waiver
7. What We Own
8. What You Own
9. Account Security
10. Wallet Security
11. License
12. Commercial and Derivative Rights
13. Restrictions
14. Termination of the License
15. Sale of CC NFTs
16. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY a.
17. ASSUMPTION OF RISK
18. Governing Law
19. CC NFTs are NOT Investment Vehicles
20. Taxes
21. Eligibility
22. Limitation of Liability b.
23. Indemnity
24. Termination Rights
25. Disputes With Other Users
26. DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
27. Class Action/ Jury Trial Waiver
28. Privacy
29. Name and Likeness License
30. Waiver and Severability
31. Entire Agreement
32. Changes to these T&Cs
33. Comments and Concerns
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0. Notice These Terms of Service and Conditions of Acquisition ("T&Cs" or the "Agreement") constitute a legally binding agreement between you (also referred to herein as "User") and CC NFT, LLC "Infinite Dodos"; a Delaware limited liability company, governing your Acquisition of a CC NFT (as defined under Section 1 below). BY PARTICIPATING IN THIS ACQUISITION, YOU AGREE TO BE BOUND BY THESE T&Cs AND ALL OF THE TERMS INCORPORATED HEREIN TOGETHER WITH ALL OF THE TERMS OF SERVICE OF DISCORD [ https://discord.com/terms ]. If you do not agree to these T&Cs, you may not participate in this Agreement or the Acquisition or Mint of CC NFTs (as defined under Section 1 below). Additionally, you may only participate in the acquisition by linking your supported Ethereum Blockchain Wallet [such as MetaMask (https://metamask.io/)] before putting in an offer to Acquire a CC NFT. Once you submit an order to Acquire the CC NFT, your order is passed through the supported Blockchain Wallet which completes the transaction on your behalf. By agreeing to the T&Cs, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the infinitedodos.com website, access or use the Infinite Dodos Discord server, or acquire or trade the CC NFTs. PLEASE BE ADVISED: THESE T&Cs CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND CC NFT, LLC "Crypto Collective" CAN BE BROUGHT (SEE SECTIONS 26 & 27 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST "Infinite Dodos" TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. By entering into this Agreement, and/or by participating in a CC NFT Acquisition or Mint you expressly acknowledge that you understand these T&Cs (including the dispute resolution and arbitration provisions in Section 26) and accept all of their terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE T&Cs, YOU MAY NOT PARTICIPATE IN A CC NFT ACQUISITION OR MINT. 1. Definitions a. When we say "CC" "Infinite Dodos" "The Collective" "we" "us", and "our" in these terms we mean CC NFT, LLC, a Delaware limited liability company. b. When we say "Services" in these terms, we mean either Infinite Dodos's Discord text channels, CC's Discord voice channels, our website, or Perks (as defined under Section 4 below). c. When we say "you" or "your", we mean you. If you're accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and "you and "your" will refer to that entity. d. "Our Twitter" refers to the social media profile on Twitter available at https://twitter.com/CCollectiveNFT under the control of Infinite Dodos. e. "Our Website" refers to web content delivered over https://infinitedodos.com . f. "Infinite Dodos Discord Server" or "Our Discord" or "Our Discord server" refers to server ID 879935600973721620 available on the Discord chat service under the vanity URL https://discord.gg/cryptocollective and under the control of Infinite Dodos. g. "Discord" refers to that chat platform managed by Discord Inc. located at 444 De Haro Street #200, San Francisco, CA 94107, USA. If you reside in the European Economic Area or the United Kingdom, Discord Netherlands BV is responsible for your personal information. Discord Netherlands BV is located at Schiphol Boulevard 195, (1118 BG) Schiphol, the Netherlands, registered with the Dutch Chamber of Commerce with registration number 82229864. h. "Infinite Dodos NFT(s)" or "CC NFT(s)" refers to both h.i) "The Collective" Fungible Tokens on contract 0xe8b720f8F5f24feF5dBE030a041FA18D37695941 And h.ii) "Inner Circle" Fungible Tokens on contract 0xe8b720f8F5f24feF5dBE030a041FA18D37695941 i. NFT(s) refers to Non-Fungible Token. Any blockchain-tracked, non-fungible token, such as those conforming to the ERC-1155 standard. j. FT(s) refers to Fungible Token. Any blockchain-tracked, fungible token, such as those conforming to the ERC-1155 standard. k. Ethereum refers to the decentralized, open-source blockchain with smart contract functionality that is best known for its native cryptocurrency, called ether, or ETH, or simply Ethereum. l. Blockchain Wallet refers to a digital wallet that allows users to store, manage, and trade their cryptocurrencies & NFTs. m. "Own" is defined as possession of a Infinite Dodos NFT in the Ethereum wallet of your choice, verification of such possession thereby being recorded on the Ethereum open ledger records, otherwise known as the Ethereum Blockchain. n. "Acquire" or "Acquisition" refers to any method of acquiring possession of a Infinite Dodos NFT(s), such as, but not limited to, Minting from a CC Smart Contract, purchasing the CC NFT(s) on a secondary marketplace (as examples only; such as Opensea.io or Byt.io), or being gifted or receiving the CC NFT(s). o. "Mint" or "Minting" is the act of interacting with a blockchain (e.g. Ethereum) Smart Contract in order to create a new NFT(s) p. "Secondary Sale" refers to any type of sale, exchange, transfer, or other trade of a CC NFT that was not an initial Mint from contract. q. "Smart Contract" or "Smart Contracts" refers to a program or collection of programs that run on a blockchain (e.g. Ethereum). It's a collection of code (its functions) and data (its state) that resides at a specific address on the Ethereum blockchain. See section 6. r. "Life of the Server" refers to the length of time that the Infinite Dodos Discord Server is available and live to be publicly joined via the vanity URL https://discord.gg/cryptocollective . s. "Art" means any art, design, and drawings that may be associated with the CC NFT that you acquire. t. When we say "our site", "the site", or "our website" we mean infinitedodos.com u. Licensed Rights are defined only by what is provided in Section 11. 2. Introduction Thank you for fully exploring this Infinite Dodos NFT, you are exactly our favorite type of person, one whose tireless desire to do the responsible research required in this space leads them to read these sorts of Disclaimers, equipping themselves with the knowledge required to make informed decisions. 3. In Brief In brief, by minting or purchasing a Infinite Dodos NFT you are only acquiring an ERC1155 fungible token as part of the 0xe8b720f8F5f24feF5dBE030a041FA18D37695941 Ethereum Smart Contract and nothing more. Due to the nature of Discord communities and our requirement to be able to take any moderation action for the benefit of the community as a whole, including but not limited to banning users from the server entirely, we cannot guarantee that possession of a token will grant access to the server, any particular role, or any specific channel access or the information contained therein as we must reserve the right to revoke access from any user, at any time for any reason without prior notice and at our sole discretion. Subject to change without prior notice, by proving possession of a Infinite Dodos NFT we currently grant the entitlement to make the strongest possible request for access to Perks (as defined under Section 4 below) on our Discord Server. Any other benefits of holding the CC NFTs are not intended to be communicated and hold no guarantee. Owning a Infinite Dodos NFT does not guarantee access to anything or guarantee any generation of value, as Discord is a third party external service to which we hold no control over and their Terms of Service may change at any time to move to prohibit granting roles in a Discord server to people possessing NFTs/FTs and we would immediately comply with this change. This is but one of the many situations that would render the access request presented by possessing one of the CC NFT's something we could not grant. 4. Perks You, as an owner of a CC NFT may receive special perks, experiences or opportunities as determined by CC in its sole discretion ("Perks") as associated with the applicable CC NFT. CC does not make any representation or guarantee that any owner will receive any Perks or achieve any particular outcome as a result of owning any CC NFT. CC reserves the right, at its sole discretion, to restrict, limit, or deny any Perks to any owner, including to limit the period of time when a Perk is available, for any reason, at any time. Perks are not intended to be an endorsement of any project, creator, NFT, individual or any other thing, and CC makes no recommendation and provides no investment advice in connection with any Perks or otherwise as a result of holding or owning a CC NFT. 5. Limitations Under no circumstances is Infinite Dodos, its manager(s), its subsidiaries, employees, contractors or consultants, discord server members, operators, owners and visitors responsible for any losses (financial or otherwise), direct or indirect, which are incurred as a result of the use of the information contained within the discord server or website at large, including, but not limited to, errors, omissions, or inaccuracies. 6. Smart Contract Waiver A CC NFT is a non-fungible Ethereum-based token that uses smart contracts on the Ethereum blockchain. The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all CC NFTs are outside of the control of any one party, including CC, and are subject to many risks and uncertainties. CC neither owns nor controls MetaMask, WalletConnect, the Ethereum network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to purchase, list, auction, sell or acquire CC NFTs, and that, except with respect to transferring control of a CC NFT to the initial purchaser through Our Website, CC has no responsibility with respect to any Transaction. CC will not be liable for the acts or omissions of any third parties, nor will CC be liable for any damage that you may suffer as a result of your transactions or any other interaction with any third parties. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of the CC NFT to the Initial Purchaser, CC has no control over the transfer, storage, ownership or maintenance of the CC NFT. 7. What we Own The name, brand, and Intellectual Property involved in Infinite Dodos is owned by Infinite Dodos. All rights that are not specifically granted to the CC NFT Owners and users of the CC Discord server are reserved by Infinite Dodos. This includes but is not limited to the intellectual property rights surrounding the "Infinite Dodos" names, logos, trademarks, website, and look and feel of the user interface and our design language, the smart contract code, or anything else not specifically granted by any following licenses. We own a license for the exclusive use of commercial and derivative rights for the Art that resides within the 0xe8b720f8F5f24feF5dBE030a041FA18D37695941 Ethereum Smart Contract, our website, promotional materials, guides, infographics, and any publication with our trademark or copyright. We alone have the right to utilize, modify, transform and resell recreations of the Art. You shall not be entitled to any royalty payment, licensing fee, or financial distribution based on the resale or future sale of any CC NFT that you may own. Any derivate work of the Art shall be owned in their entirety by CC and you shall be restricted from utilizing or acquiring financial gain from the CC NFT without prior notice from CC. a. You acknowledge and agree that Infinite Dodos (or, as applicable, its licensors) owns all legal right, title and interest in and to the Art within the CC NFTs, and all intellectual property rights therein. The rights that you have in and to the CC NFTs and Art are limited to those expressly stated in Section 11 of these T&Cs below. Infinite Dodos and its licensors reserve all rights in and to the CC NFTs and the Art not expressly granted to you in Section 11 of these T&Cs. All acquisitions of CC NFTs, as well as associated charges, are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the CC NFT, any disruption to the operations of any components of the CC NFT, or any other reason whatsoever. b. Additionally, you acknowledge and agree that Infinite Dodos's name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Infinite Dodos or its affiliates or licensors. You must not use such marks for any purpose without the prior written permission of Infinite Dodos and, in no way, should this Agreement be interpreted to license any of such intellectual property to you. 8. What you Own An ERC1155 fungible token as part of the 0xe8b720f8F5f24feF5dBE030a041FA18D37695941 Ethereum Smart-contract and nothing more. Through the terms of this Agreement, you shall not be considered an employee or independent contractor of CC. Nothing contained herein shall be construed to create a partnership, joint venture, principal-agent or employer-employee relationship between the parties. You are not, nor shall you act as, an employee of CC for any purpose within the meaning or application of any federal, state, or local employment laws, unemployment insurance laws, social security laws, workers' compensation laws, or industrial accident laws, or under any other laws or regulations that impute any obligation or liability to a party by reason of any employment or independent contractor relationship. You hereby warrant to CC that you are engaged in an independent business enterprise, and that you have complied with all business requirements necessary to operate your business and/or investment in the CC NFT(s), if any, such as licensing, tax, and all other business operation requirements. 9. Account Security You are responsible for maintaining the confidentiality of your Discord account(s) and passwords, if any, and are fully responsible for any and all activities that occur under your password or account(s). You agree to: (a) immediately notify CC of any unauthorized use of your password or account(s) or any other breach of security, and; (b) ensure that you exit from your account at the end of each session when accessing our Services. CC will not be liable for any loss or damage or moderation action arising from your failure to comply with this Section. 10. Wallet Security In order to Mint a CC NFT, you must connect to Our Website on your digital wallet supported on MetaMask, WalletConnect or other wallet extensions or gateways as supported. Such digital wallets allow you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of CC NFT(s) and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). CC is not responsible for managing and maintaining the security of your cryptocurrency wallet. CC has no responsibility or liability to you for any unauthorized access to or use of your cryptocurrency wallet or if you are unable to locate your credentials. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to Our Website, you agree to notify us immediately. 11. License a. Subject to your continued compliance with these T&Cs, Infinite Dodos grants you a worldwide, non-exclusive, non-transferable (except as specifically provided below in Section 11) (11.a) royalty-free license to display the Art for your CC NFTs, solely for the following purposes: (11.a.i) for your own personal, non-commercial use; or (11.a.ii) as part of a third party website or application that permits the inclusion, involvement, or participation of your CC NFTs, provided that the website/application cryptographically verifies each CC NFT owner's rights to display the Art for their CC NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the CC NFT leaves the website/application. As it relates to the preceding rights, you shall be considered to control the Licensed Rights. b. You have the limited right to transfer the CC NFT(s), provided that (11.b.i) the transferee accepts all of the T&Cs; and (11.b.ii) You have not, prior to the transfer, violated any of the T&Cs. 12. Commercial and Derivative Rights No Commercial or Derivative rights are granted through your ownership of a CC NFT. 13. Restrictions You agree that you may not, nor permit any third party to do or attempt to do any of the following without Infinite Dodos's express prior written consent in each case: (13.i) modify the CC NFT(s) and/or Art for your CC NFT(s) in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (13.ii) use the CC NFT(s) and/or Art for your CC NFT(s) to advertise, market, or sell any product or service; (13.iii) use the CC NFT(s) and/or Art from your CC NFT(s) in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other "adult only" or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes; (13.iv) use the CC NFT(s) and/or Art from your CC NFT(s) in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use. CC shall have the complete and sole authority to determine whether your exploitation of the Art shall be deemed commercial; (13.v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the CC NFT(s) and/or Art from your CC NFT(s); (13.vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the CC NFT(s) and/or Art from your CC NFT(s); or (13.vii) otherwise utilize the Art from your CC NFT(s) for your or any third party's commercial benefit. To the extent that the CC NFT(s) and/or Art associated with your CC NFT(s) contains third party intellectual property, you understand and agree as follows: (13.vii.a) that you will not have the right to use such third party intellectual property in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (13.vii.b) that, depending on the nature of the license granted from the owner of the third party intellectual property, Infinite Dodos may need to pass through additional terms and/or restrictions on your ability to use the Art; and (13.vii.c) to the extent that Infinite Dodos informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these T&Cs. The restrictions in Section 13 will survive the expiration or termination of these T&Cs. 14. Termination of the License The rights granted hereunder shall automatically terminate and all rights shall return to Infinite Dodos if (14.i) If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your CC NFT(s) for any reason except as specially provided in section 11(b); (14.ii) you breach any of the T&Cs; (14.iii) you have a receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition of bankruptcy; (14.iv) you engage in any unlawful business practice related to the CC NFT(s); or (14.v) you disparage Infinite Dodos and/or and its parent, subsidiary and affiliate companies, and each of its respective officers, directors, members, affiliates, agents, attorneys, employees and end users. 15. Sale of CC NFTs When each CC NFT is sold for the first time, the agreement for sale is between CC and the initial purchaser. If the initial purchaser decides to sell a CC NFT, then CC is not a party to any agreement between the applicable buyer, seller, or facilitator of the secondary sale. If you or any owner of a CC NFT sells or transfers a CC NFT to another owner; (a) then you, as Owner, represents and warrants that you will notify the subsequent owner of these T&Cs and require the subsequent Owner to comply and agree with these T&Cs, (b) the License (as defined above in section 11) and set forth herein will automatically transfer to such subsequent Owner, and such other Owner will be deemed the Owner (for purposes of such CC NFT and the License to the underlying NFT IP (as defined above in sections 7 and 11)) and will be subject to these Terms, and (c) you, as the seller or transferor of such CC NFT, will cease to have any further rights to such CC NFT or underlying NFT IP. By Minting through the Site or through any other method of acquisition (including by bidding in an auction), you agree that you are submitting a binding offer to purchase a CC NFT, you agree to pay all applicable fees associated with the transaction, and you authorize CC to automatically charge and collect such fees from your payment instrument or wallet. If you are an initial purchaser, then all amounts due are to be paid to CC. If you are not the initial purchaser of a CC NFT, then amounts may be paid to the seller of such CC NFT. You acknowledge and agree that CC receives 10% of every secondary sale of a CC NFT ("Royalty"). CC has the right to collect Royalties for CC NFT sales in perpetuity. As such, if you sell a CC NFT on a third-party marketplace, you agree to include a statement substantially similar to the following in the description of the NFT: "10% Royalty Applies. By purchasing a CC NFT, you agree to the T&Cs located at https://infinitedodos.com/terms ." No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law. 16. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY a. a. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet 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. 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 Infinite Dodos'S OR DISCORD'S WEBSITE OR THE ITEMS OBTAINED THROUGH Infinite Dodos'S OR DISCORD'S WEBSITE. b. NFTs ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM MAINNET NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM MAINNET NETWORK. WE DO NOT GUARANTEE THAT Infinite Dodos CAN EFFECT THE TRANSFER OR TITLE OR RIGHT IN ANY NFT. Infinite Dodos is not responsible for sustained casualties 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. Infinite Dodos is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs, including, without limitation, any forks, technical node issues, or any other issues having fund losses as a result. c. AS USED HEREIN THE PHRASE "Infinite Dodos PARTIES" MEANS CC NFT, LLC, THEIR DIRECT AND INDIRECT PRESENT AND FUTURE PARENT, SUBSIDIARY AND AFFILIATE ENTITIES, AND THEIR RESPECTIVE VENDORS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS, AFFILIATES, AGENTS, ATTORNEYS AND EMPLOYEES. ALL LICENSED NFTs ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE FULLEST EXTENT PROVIDED BY LAW, Infinite Dodos PARTIES 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. IN NO EVENT SHALL THE Infinite Dodos PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE CC NFT(s), THE SALE (OR ACQUISITION), ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE SALE (OR ACQUISITION), INCLUDING BUT NOT LIMITED TO BLOCKCHAIN, METAMASK WALLET AND/OR DISCORD. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Infinite Dodos PARTIES' TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100). YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 17. ASSUMPTION OF RISK a. You accept and acknowledge: The prices and markets of digital blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own, such as CC NFT(s), and there is no guarantee CC NFT(s) will have or retain any value. We cannot guarantee that you will not lose money. You are solely responsible for determining what, if any, taxes apply to your CC NFT(s). Infinite Dodos is not responsible for determining the taxes that apply to CC NFT(s). CC NFT(s) exist only by virtue of the ownership record maintained on its supporting blockchain. Therefore, any transfer of CC NFT(s) occurs within the supporting blockchain. There are risks associated with using an Internet-based currency, including, without limitation, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. Infinite Dodos does not make any promises or guarantees about the availability of the CC NFT(s) or the Art on the Internet or that they will host the CC NFT(s) or the Art at any specific location and/or for any specific period of time. Upgrades to the Ethereum platform, a hard fork in the Ethereum platform, a failure or cessation of Ethereum, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation CC NFT(s). Infinite Dodos does not make any promises or guarantees related to any digital wallets, Discord, Blockchain or any other third parties related to this Agreement or acquisition and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties. The CC NFT(s) are made available solely for entertainment purposes. Infinite Dodos is not responsible for any transaction between you and a third party related to the CC NFT(s) (e.g., your transfer of a CC NFT from a third party on the so-called "secondary market"), and Infinite Dodos shall have no liability in connection with any such transaction. b. You accept and acknowledge that Infinite Dodos will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience, however caused. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of CC NFT(s). The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect this Agreement or Acquisition and the utility of CC NFTs. Under no circumstances shall the inability to view your assets serve as grounds for a claim against CC NFT, LLC. c. In consideration for CC allowing me to own the CC NFT(s), I agree that I will not sue or file a complaint against CC, or their contractors, affiliates, and representatives and I release CC, and their contractors, affiliates, and representatives from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me, to any property belonging to me, arising from the CC NFT(s) and/or use of the CC NFT(s). I understand that my participation in this Agreement and my ownership of the CC NFT(s) entails inherent risks. I have been given the chance to ask questions concerning this Agreement, and all such questions have been answered to my satisfaction. I fully understand that any information received from CC is in no way to be construed as professional advice or any type of fiduciary counseling. In the event I feel the need for professional advice or counsel, it is my responsibility to seek a licensed professional. THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH DIGITAL ASSETS OR THAT MAY BE FEATURED OR DISCUSSED IN CONNECTION WITH THE OUR SERVER OR PERKS FOR CC NFT OWNERS. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE ADVICE BEFORE TAKING ANY DECISION TO PURCHASE, SELL, TRADE OR OTHERWISE TRANSACT IN ANY DIGITAL ASSET. 18. Governing Law These T&Cs and all matters related to them and/or any CC NFT shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, as they are applied to agreements entered into and to be performed entirely within the State of Delaware and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law. Any action related to these T&Cs and/or any CC NFT(s) shall be brought in the appropriate state or federal court located in Wilmington, Delaware; and you irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Wilmington, Delaware for the adjudication of all claims, other than as agreed upon by the terms of this Agreement. 19. CC NFTs are NOT Investment Vehicles CC NFTs are not a part ownership in Infinite Dodos nor are they investment vehicles in any description. They were created as a collectible digital art piece to allow people that enjoy collecting digital art the opportunity to do so. CC does not hold itself out to be investment officers, fiduciaries, or financial advisors of any kind. As such, no fiduciary relationship is created through the terms of this Agreement. CC advises that you should always contact your financial planner, attorney, fiduciary, or investment officer before making any decision contemplated by this Agreement. 20. Taxes You are exclusively and entirely responsible for understanding the Tax exposure of NFT ownership and are exclusively and entirely responsible for meeting the demands of the tax jurisdiction in which you operate. No one at CC is considered a registered accountant, tax attorney, or tax advisor. You should always consult with a professional prior to initiating any action contained in this Agreement. 21. Eligibility Participation in the CC NFT Mint, or any other form of Acquisition is open only to individuals who have the right and authority to enter into these T&Cs, are fully able and competent to satisfy the terms, conditions, and obligations herein. You represent and warrant that you are at least 18 years old. Ownership of the CC NFT is intended for people over the age of 18, by purchasing a CC NFT or accessing our Discord server you agree that you are over the age of 18. Additionally, you are only eligible to own the CC NFT(s)/FT(s) if you agree to the T&Cs and uphold the terms of this Agreement. 22. Limitation of liability b. WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES ARE MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER CC, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CC OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CC ISN'T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CC AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. 23. Indemnity You agree to hold harmless, release, defend, and indemnify CC and our officers, directors, employees, contractors, agents, affiliates, subsidiaries and other end users and owners from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of our Discord Server or website and the information present therein; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of our Discord server or website and the information present therein with your assistance or using any device or account that you own or control. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Infinite Dodos, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Infinite Dodos Indemnified Parties") from and against any and all actual or alleged claims, liabilities, damages, judgments, awards, losses, liabilities, costs, expenses, or fees (including reasonable attorneys' fees) of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims") arising out of or relating to (d) your violation or breach of these T&Cs or the documents incorporated by reference; (e) your infringement, misappropriation, or other violation of any rights of any third party, including, without limitation, intellectual property or proprietary rights; (f) any other activities in connection with the acquisition, sale, transfer of and the CC NFT(s). You agree to promptly notify Infinite Dodos of any Claims and cooperate with the Infinite Dodos Indemnified Parties in defending such Claims. You further agree that Infinite Dodos Indemnified Parties shall have complete control and discretion of the defense or settlement of any Claims. 24. Termination Rights You agree that CC, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services or Perks and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if CC believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services or Perks may be referred to appropriate law enforcement authorities. CC may also in its sole discretion and at any time discontinue providing the Services or Perks, or any part thereof, with or without notice. You agree that any termination of your access to the Services or Perks under any provision of these Terms may be affected without prior notice, and acknowledge and agree that CC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services or Perks. Further, you agree that CC will not be liable to you or any third party for any termination of your access to the Services or Perks. 25. Disputes With Other Users You agree that you are solely responsible for your interactions with any other users in connection with the Services, CC NFTs and Perks, and CC will have no liability or responsibility with respect thereto. CC reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user. 26. DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER Read this section carefully because it requires you to arbitrate any disputes and limits the manner in which you can seek relief from Infinite Dodos. This Dispute Resolution; Arbitration Section (the "Arbitration Agreement") applies to and governs any dispute, controversy, or claim between you and Infinite Dodos that arises out of or relates to, directly or indirectly: (26.a) these T&Cs, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (26.b) the sale or acquisition of the CC NFT(s); or (26.c) any other aspect of your relationship or transactions with Infinite Dodos, directly or indirectly, as a consumer (each, a "Dispute Claim" or, collectively, "Dispute Claims"). The Arbitration Agreement shall apply, without limitation, to all Dispute Claims that arose or were asserted before or after your agreement to the T&Cs. You can reject and opt-out of this Arbitration Agreement if, within thirty (30) days of accepting the T&Cs, you email Crypto Collective at info@infinitedodos.com with your first name, last name, mailing address and Ethereum wallet address containing the CC NFT(s) and state your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of the T&Cs, including the provisions regarding controlling law or in which courts any disputes must be brought. For any Dispute Claim, you agree to first contact us at info@infinitedodos.com and attempt to resolve the dispute with us informally. In the unlikely event that Infinite Dodos has not been able to resolve a Dispute Claim after sixty (60) days, we each agree to resolve any Dispute Claim exclusively through binding arbitration by the American Arbitration Association (AAA) before a single arbitrator (the "Arbitrator"), under the Expedited Procedures then in effect for AAA (the "Rules"), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless you and Infinite Dodos agree otherwise. If you are an individual using the CC NFT(s) for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Infinite Dodos agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these T&Cs, any provision of these T&Cs, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. Nothing in this Arbitration Agreement shall be deemed as: preventing Crypto Collective from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration. Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms to the contrary, CC agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Services, you may reject any such change by sending CC written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 27. Class Action/Jury Trial Waiver a. 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 Infinite Dodos 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 Infinite Dodos FURTHER AGREE THAT, BY ENTERING INTO THE AGREEMENT, YOU AND Infinite Dodos 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. 28. Privacy Our Privacy Policy is a part of these T&Cs. Please review the Privacy Policy at infinitedodos.com/privacy, which also governs the Services and informs Users of our data collection practices. 29. Name and Likeness License You hereby agree to be interviewed, photographed, videotaped or otherwise recorded (the "Content") by CC and consent to the release, publication, exhibition, or reproduction of the Content to be used for public relations, news articles or telecasts, education, advertising, research, inclusion on websites, fundraising, or any other purpose by CC, and their affiliates. You hereby release CC and their respective officers and employees, and each and all persons involved from any liability connected with the taking, recording, or publication of said Content, including all interviews, photographs, slides, images, videotapes, or sound recordings. You hereby waive all rights that you may have to any copyright ownership over said Content or to claims for payment or royalties in connection with any exhibition, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, or other publication irrespective of whether a fee for admission or film rental is charged. You also waive any right to inspect or approve any photo, video, or film taken by CC or the person or entity designated it by it. You release and discharge CC and their affiliate(s) from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the pictures, or in any processing toward the completion of the finished product. All negatives and positives, whether prints, video, film, or sound recording are the property of CC or the person or entity designated by it, solely and completely. 30. Waiver and Severability No waiver by Infinite Dodos of any term or condition set out in these T&Cs 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 Infinite Dodos to assert a right or provision under these T&Cs shall not constitute a waiver of such right or provision. If any provision of these T&Cs 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 T&Cs will continue in full force and effect and the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. 31. Entire Agreement The T&Cs, including, without limitation, our other posted terms, constitute the sole and entire agreement between you and Infinite Dodos and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. 32. Changes to these T&Cs Infinite Dodos reserves the right, at our sole discretion to make changes to these T&Cs from time to time and without notice, but the most current version will be made accessible on infinitedodos.com/terms and update the "Last Updated" date at the beginning of these T&Cs accordingly. You are responsible for reviewing and becoming familiar with all such modifications. Please check these T&Cs periodically for changes. Any changes to the T&Cs will apply on the date that they are made and, by way of example, your continued access to or use of the CC NFT(s) and the Art after the T&Cs have been updated will constitute your binding acceptance of these updates. Revisions that are deemed substantive, at the sole discretion of Infinite Dodos, will, where possible, include a notification via our Discord. By continuing to access the Infinite Dodos website and by holding a Infinite Dodos NFT, you agree to be bound by these current Terms. 33. Comments and Concerns If you have any questions or concerns, including if you need to access these T&Cs in an alternative format, we encourage you to contact us via email at info@infinitedodos.com . All other feedback, comments, requests for technical support, and other communication should be directed to info@infinitedodos.com.