AN AI ENTERTAINMENT COMPANY
AN AI ENTERTAINMENT COMPANY
Last Updated: September 25, 2024
These Terms of Service (“Terms”) constitute a legally binding agreement made between you and AI Venture Studios LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://wow.ai/ website, our APIs, mobile applications (“Site”) and any live support, software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, generate, help display and create images, NFTs, and other assets (“Assets”), using our tools, at your own discretion, to connect directly with others to mint, purchase, sell, or transfer the Assets, and participating in the WOW!? Points program (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data. These Terms explain what rights you have with regards to the Assets, or prompts you might enter into the Service (the “Inputs”), your use of the Services, and other important topics like arbitration. Our privacy policy outlines how we handle your data https://wow.ai/privacy. Please carefully read these Terms, along with our privacy policy, and all other documents referenced in these Terms, including the Subscription Plans page and the Community Guidelines below. Together with the Terms, these documents form a single binding agreement between us (the“Agreement”).
For purposes of these Terms, “Customer”, “User”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “Customer”, “User”, “you”, and “your” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
BY CLICKING TO ACCEPT, SIGN, AND/OR USING OR ACCESSING OUR SERVICE OR WHEN YOU PROCEED TO GENERATE, INTERACT WITH, RECEIVE OR DISTRIBUTE ASSETS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
We are not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. We do not have custody or control over the Assets or, with regards to NFTs, blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of Assets. To use our Service with regards to NFTs, you must use a third-party wallet which allows you to engage in transactions on blockchains.
We are not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of the Assets that you purchase from third-party sellers using the Service and we make no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of users or Assets (and any content associated with such Assets) visible on the Service.
Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part ofyour agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.
We reserve the right to change or modify these Terms at any time and in our sole discretion. We will alert you about any changes by updating the “Last Updated” date at the beginning of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued access or use of the Service after the date any changes or modifications to these Terms become effective constitutes your acceptance of the revised Terms and all of the terms incorporated therein by reference. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Site or the Services. Without limiting anything set forth elsewhere in these Terms, you agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms or any policy of the Company.
You will need to create an account to use the Service (“Account”). To access certain Services, you will need a blockchain address and a third-party wallet. In such events, your Account on the Service will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, 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 the Company, and we do not have custody or control over the content of your wallet and have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service 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. your use of a wallet and makes no representations or warranties regarding how the Service 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 yourwallet, 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 Service or your Account.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) in connection with using the Service. In order to comply with our legal obligations and keep our users and platform safe, we may need to restrict, suspend, or terminate your access to the Service. You acknowledge that we are under no obligation to disclose the details of its decision to take such action with you.
Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (e) you have not transacted and will not transact with any person or entity falling into any of (a)-(d); (f) you have not transacted and will not transact for the benefit of any person or entity falling into any of (a)-(d). You further covenant that the foregoing shall be true during the entire period of this agreement. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory, or jurisdiction does not violate any applicable laws.
We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested service, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service, geographic restrictions, potential violation of these Terms, or other actions that we, in our sole discretion, may elect to take. You understand that we, in our sole discretion, may disable your Account and/or reassign your username or associated URL.
We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of the Site or Assets, the algorithms used to generate the Assets, and features available to you. No guarantees are made with respect to the Services' quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.
Both the Services and the Assets are provided to you on an “AS IS” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.
We reserve the right to suspend or block your access to the Services at any time, and for any reason. You may not access or use the Services for purposes of developing or offering competitive products or services. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. You may not resell or redistribute the Services or access to the Service. Only one user may use the Services per registered account. Each user of the Services may only have one account.
You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights. Doing so may subject you to penalties including legal action or a permanent ban from the Service.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
By accessing the Services, you confirm that you are at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. With regard to NFTs, we require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use the Service related to NFTs through a parent or guardian's Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our all of our Services if you are under 13 years old.
We try to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology, and it does not always work as expected. No guarantees are made as to the suitability of the Assets for you.
By using the Services, you represent and warrant that: (1) all registration and account information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration or account information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service; (6) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Service for any illegal or unauthorized purpose; and (8) your use of the Service will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, urls, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of the Company or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
Our name, logo, trademarks, and any Company product or service names, designs, logos, and slogans are the intellectual property of the Company or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “______” or any other name, trademark or product or service name of the Company or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes our service mark, trademark or tradedress and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any Asset displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation.
The user must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to access the Site or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you made. No right, title, or interest in or to the Site or Service or any content on the Site or associated with the Service is transferred to you, and all rights not expressly granted are reserved by the Company.
We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
We do not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators of these NFTs or smart contracts are solely responsible for their operation and functionality.
Inputs, Assets, and other content such as messages, photos, videos, comment, suggestions, documents and other materials that you maycreate,submit,post,display, transmit, perform, publish, distribute, or broadcast to us or the Services (such as through uploading, posting, sharing, or chat messages) are collectively, “Content”. Content may be viewable by other users of the Service and through third-party websites. As such, any Content you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Content, you hereby represent and warrant that:
Any use of the Services or Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusiveright and license to access and displaysuchsoftware,content,andmaterialsprovidedtoyou as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any Asset is solely as set forth by the applicable seller or creator of such Asset.
By using the Services, you grant us and our affiliates, successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Content you input into the Services, as well as any Assets produced by you through the Service. This license survives termination of this Agreement by any party, for any reason.
Please note: We are an open community which allows others to use and remix your Content whenever they are posted in a public setting. By default, your Content is publicly viewable and remixable and you grant us a license to allow this. Please be aware that any image you make in a shared or open space, such as a Discord chatroom, is viewable by anyone in that chatroom.
Through our services, you will be able to explore Assets and Content created by, and interact with, third parties and purchase merchandize related thereto. We do not make any representations or warranties about the third-party Content that is visible through our Service, including any content associated with Assets displayed on the Service. You bear responsibility for verifying the legitimacy, authenticity, and legality of the Assets that you purchase from third-party sellers. We also cannot guarantee that any Assets visible through our Service will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any Content or merchandize related to their Assets.
These Terms solely govern the use of our Service. Assets and related merchandize are purchased, sold, or transferred between a buyer, seller and/or creator directly, and may be purchased, sold, or transferred by buyers, sellers, and/or creators without the use of our Service and therefore without agreeing to our Terms. There may be terms and conditions that apply to the Assets themselves set directly between buyers, sellers, and/or creators with respect to the Assets including with respect to the use of the Assets content and rights and obligations associated with a given Assets, particularly NFTs (“Assets Terms”). For example, when you click to get more details about any of the Assets visible on our Services or view the Assets to get more details about any of the Assets visible on our Services or view the Assets metadata, you may notice a third-party link to Asset Terms governing the use of the Assets that you will be required to comply with. We do not set the Assets Terms and are not party to any such Assets Terms, which are solely between the buyer, seller, and/or creator. The buyer, seller, and/or creator are entirely responsible for communicating, promulgating, agreeing to, and enforcing Assets Terms. You are responsible for reviewing such Assets Terms.
Sellers are solely responsible for determining and establishing the price of an Asset or merchandize associated thereto, inclusive of any applicable tax. Additionally, they are solely responsible for any mint count and minting mechanics for NFTs they sell.
For its Service, we may receive certain fees. We do not set, collect, or determine other applicable costs, fees, and expenses associated with buying and selling an Assets, including but not limited to any creator earnings, gas, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, payment processor, blockchain validator, or other third party, as applicable. Because these costs, fees, and expenses are not collected by us, it cannot refund them.
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, surveys, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under our control, and may be “open” applications for which no recourse is possible. We are not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites and Third-Party Applications accessed through the Service or any Third-Party Materials posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or or contained in the Third-Party Websites or Third-Party Applications, and Third-Party Materials. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites, Third-Party Applications, or Third-Party Materials does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or Third-Party Applications or to use or install any Third-Party Materials, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or Site or relating to any applications you use or install from the Service or Site. Any purchases you make through Third-Party Websites or Third-Party Applications will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites or Third-Party Applications and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Materials or any contact with Third-Party Websites or Third-Party Applications.
The Service we provide may rely in part on the User's ability to access ICANN registered domain names. We cannot guarantee that you will be able to access ICANN, any ICANN registered domain, or any other aspect of ICANN's services. Please review the ICANN Terms of Service for more information regarding your use of and access to ICANNservices.
As part of the Service, you may earn WOW!?Points for engaging with various features of the Service and/or performing certain activities, actions, or missions (“Tasks”), some of which are described below.
To be eligible to accumulate WOW!?Points, you must:
Any person whose Account has been terminated or suspended by us is not eligible to participate in the WOW!?Points program. The WOW!?Points program is limited to one (1) Account per person. If you attempt to participate in the program using more than one Account, all your WOW!?Points may be forfeited, and we may, at our sole discretion, terminate your Account and permanently ban you from participating in the WOW!?Points program or the Service.
Users can earn WOW!?Points by completing specific tasks related to the Service. Tasks include, but are not limited to:
WOW!?Points will expire if not used by ______________. You may view your earned WOW!?Points on your profile by logging into your Account.
WOW!?Points are non-assignable and non-transferable and may not be bartered or sold. Any WOW!?Points assigned, transferred, bartered, or sold in violation of these Terms may be confiscated or cancelled.
WOW!?Points are for entertainment purposes, have no cash value, and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any activity specified in these Terms. Any WOW!?Points obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such WOW!?Points will be confiscated or cancelled.
We reserve the right, at our sole discretion, to determine and/or modify, at any time, the number of WOW!?Points that may be earned for any given Task and the conditions under which WOW!?Points may expire or be forfeited, at any time, with or without notice, even though these changes may affect the WOW!?Points that you have already earned. The WOW!?Points program has no predetermined termination date and may continue until such time as we decide to terminate the program. We may, at our sole discretion, modify or terminate the WOW!?Points program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Site. You should check these Terms regularly for any updates. Your continued use of the Service will constitute acceptance of any modified terms.
We may also confiscated or cancelled your earned WOW!?Points or suspend your participations in the program for violating these Terms, providing false information, creating more than one Account, cheating (for example, by using bots), or for any other reason determined by us, at our sole discretion.
As part of the Service, you may earn WOW!?Points for engaging with various features of the Service and/or performing certain activities, actions, ormissions (“Tasks”), some of which are described below.
We respect the intellectual property rights of others. If you believe that material allocated on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to takedown@______. with the subject “Takedown Request,” and include the following:
You may also send notices containing the above-required information to the following Address:
AI Venture Studios LLC
151 San Francisco #200
San Juan, Puerto Rico 00911
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement. Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Company, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the "Company Parties"), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), 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"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, Content, Assets, or content linked to or associated with any Assets (b) any Feedback you provide or your participation in the WOW!?Points program, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third party, (e) your negligence or willful misconduct, (f) any claims from third parties arising out of or relating to your use of the Service and Assets or any violation of these Terms. You agree to promptly notify us of any Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS AND COMPANY PARTIES) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON CONTENT, ASSETS, MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY ASSETS, OR ANY ASSETS OR CONTENT YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE COMPANY PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US OR THE COMPANY PARTIES RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR LOSS OF USE OF ASSETS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH ASSETS, 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, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.
WITH REGARDS TO NFTS, YOU ACKNOWLEDGE AND UNDERSTAND THAT NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). WE AND/OR ANY OTHER COMPANY PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.
NIETHER THE COMPANY NOR THE COMPANY PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (INCLUDING, WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE ASSETS OR SERVICES. NO COMPANY PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NOT REPORT AT ALL) OF ANY ISSUES WITH THE ASSETS (INCLUDING, BUT NOT LIMITED TO, THE BLOCKCHAIN SUPPORTING THE NFTS, FORKS, TECHNICAL NODE ISSUES) OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
You accept and acknowledge:
We may invoice or charge you for your use of the Services, or part thereof, through a third-party payment service provider. The third-party service provider's terms of service shall govern and supersede this Agreement in case of conflict, solely with respect to payment processing.
You are free to cancel your Service at any time. We also reserve the right to terminate your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Any violation of Community Guidelines is a breach of this Agreement.
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY (A) FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, ASSETS, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THERE FROM OR HOWEVER THEY ARISE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, ASSETS, NFTS, OR ANY COMPANY PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY THE COMPANY FOR ITS SERVICE TO YOU DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
Openness is one of our most prized values. However, to protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe in our sole discretion that you have violated these Terms, these Community Guidelines or that you may use our Service for unlawful activity. This may include: removing or limiting the ability to view or interact with the Assets; disabling or restricting the ability to use the Service (or certain aspects of the Service); and/or other actions. You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, in connection with using the Service.
You also agree that you will not:
We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service. BY USING THE SERVICE YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PARTY OR LAW ENFORCEMENT AUTHORITIES.
Finally, by using the Service, you understand the importance of DYOR – doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any Asset, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no claims, guarantees or recommendations about the identity, legitimacy, or authenticity of any Asset, collection, or account on the Service.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with the Company and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. We do not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.
You agree that any dispute, controversy, or claim relating in any way to these Terms, your access or use of the Service, to any Assets, to any products sold or distributed through the Service, or to any aspect of your relationship with us (each a “Dispute” and collectively, the “Disputes”), will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such Dispute except that (1) you or the Company may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or the Company may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
The Parties agree to first attempt in good faith to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: IAVentureStudiosLLC, Attn:LegalDepartment, 151SanFrancisco #200, San Juan, Puerto Rico 00911. The dispute resolution process commences upon the receipt of the of the above mentioned written notice. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if we are represented by counsel, its counsel may participate in the Conference as well, but we agree to have a company representative fully participate in the Conference (our in-house counsel qualifies as a company representative). The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to the address mentioned in subsection B of this Section (“Dispute Resolution Process”). The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. The parties will mutually select one arbitrator. The arbitration will be conducted in English in San Juan, Puerto Rico. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the Commonwealth of Puerto Rico. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the first subsection of this Section 16, above (“Applicability of Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and the Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection's limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in San Juan, Puerto Rico. Allotherclaimsshallbearbitrated.
Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
This Arbitration Agreement will survive the termination of your relationship with the Company.
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the address mentioned in subsection B of this Section (“Dispute Resolution Process”).
These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Puerto Rico (without regard to conflict of law rules or principles of any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in the Arbitration Agreement above or cannot be heard in small claims court, shall be resolved in the state or federal courts in the Commonwealth of Puerto Rico, and the United States.
If you breach any of the provisions of these Terms, all licenses granted by us will terminate automatically. Additionally, not withstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, restrict, disable, terminate, or delete your Account and/or your ability to access or use the Site and the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. If we terminate your account or restrict your access or use of the Service, you retain ownership of your Assets. With regard to your NFTS, you may still access them through public blockchains and other web3 wallets, platforms, and/or websites.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security, or proof of damages.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800)952-5210.
You agree that you will not export or re-export, directly or indirectly, the Service, Assets, and/or other information or materials provided by us hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
All information or content provided or displayed by the Site and related to the Service is for informational purposes only and should not be construed as professional advice (including, without limitation, tax, legal, or financial advice). You should not take or refrain from taking any action based on any information or content displayed or provided on the Site or related to the Service. You should seek independent professional advice from an individual licensed and competent in the appropriate area before making any financial, legal, or other decisions where such should be considered prudent. You acknowledge and agree that, to the fullest extent permissible by law, you have not relied on us, the content on the Site, or the Service for any professional advice related to its financial or legal behaviors.
These Terms, and the provision of the Site and the Service, are not intended to create any fiduciary duties between us and you or any third party. To the fullest extent permissible by law, you agree that neither they nor your use of the Site or the Service causes us or any user to owe fiduciary duties or liabilities to you or any third party. Further, you acknowledge and agree to the fullest extent such duties or liabilities are afforded by law or by equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other user shall be held completely harmless in relation thereof. You further agree that the only duties and obligations that we or any user owes you, and the only rights you have related to this Agreement or your use of the Site or the Services, are those set out expressly in this Agreement or that cannot be waived by law. Further, you agree and understand that you are responsible for all applicable reporting requirements and deadlines, including taxes and relevant fees, and that we owe you no affirmative duties with respect to said reporting requirements and deadlines.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by us or you. Termination will not limit any of the Company's other rights or remedies at law or in equity.
These Terms (and any other applicable terms or policies incorporated by reference in these Terms) constitute the entire agreement between you and the Company relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. These Terms do not create any agency, partnership, or joint venture between the parties.
Abuse. You agree to be bound by and to comply with Our abuse policies as determined by Us in our sole unfettered discretion from time to time and which are subject to modification and change as notified solely to you via this website. Without limiting the generality of the foregoing, you agree to be bound by and comply with the following:
You will not:
We reserve the right to monitor, alter, edit, or remove content and block users without prior notice and for any reason. AI Venture Studios LLC will fully cooperate with any law enforcement authorities or court order requesting or directing AI Venture Studios LLC to disclose the identity of anyone violating these terms and conditions. We believe in children's online safety and do not wish to receive information regarding children under 13 years old. Therefore, you may not post, transmit or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the 3LD service. If you are under 13 years of age, then please do not attempt to submit any information to us or use the service.
Abuse complaints related to the registration and/or use of a 3LD may be made to abuse@wow.ai. Registration and use of 3LDs are additionally subject to the AI Venture Studios LLC's abuse policy located here: ______________.
IN NO EVENT SHALL 3DNS Inc., AI Venture Studios LLC, AI Venture Studios LLC, and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns (collectively the “WOW!? Parties”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE WOW!? PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE WOW!? PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM AI Venture Studios LLC'S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE WOW!? PARTIES' SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES, APPS, GOODS, OR SERVICES; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WOW!? PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE WOW!? PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESETOUINCLUDING,WITHOUTLIMITATION,THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITHANYOTHERPERSON.
THE WOW!? PARTIES' MAXIMUM AGGREGATE LIABILITY FORANYSINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO AI Venture Studios LLC IN THE PRECEDING SIX MONTHS BEFORE THE OCCURENCE OF THE EVENT GIVING RISE TO AI Venture Studios LLC'S LIABILITY.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the service must be brought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by AI Venture Studios LLCfrom its facilities in the Puerto Rico. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.