Terms of Service
READ THIS AGREEMENT CAREFULLY BEFORE BROWSING THE WEBSITE OR OTHERWISE USING THE SERVICE. USING ANY PART OF THE SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THE WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
By using the Service or otherwise accessing the Service, creating or registering an Account, downloading content or other information, you agree that you are the age of lawful capacity to form binding legal contracts in your jurisdiction of residence; provided that, in no event, will you be permitted to use the Service if you are under the age of 18. If you are using the Service on behalf of a company or other entity, then “you” includes you and that company or entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and you agree to this Agreement on the entity’s behalf.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In case of disagreement with any of the terms and conditions specified below and / or non-compliance of this document with the laws of the host country / country of residence, you shall refuse to participate in the purchase or use of any Service. Otherwise, you shall be liable to Tribute Brand Inc. and third parties for covering all losses and expenses incurred as a result of non-compliance with the above-mentioned documents.
USER CONTENT LICENSE GRANT
By posting any uploads, feedback, information, images, data, text, software, messages or any other materials (each “User Content”) on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Tribute Brand Inc. a royalty free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content including your or any third-party name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Tribute Brand Inc.’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
If the features of the Service allow you to remove or delete User Content from the Service, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Service. Notwithstanding the foregoing, you understand and agree that Tribute Brand Inc. may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted; provided that in certain cases, such as if User Content has been curated by Tribute Brand Inc. for display on featured content, included in printed content, or otherwise used, the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
In addition, by submitting any User Content, you are representing and warranting that:
A) your User Content is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
B) you were not and will not be compensated or granted any consideration by any third party for submitting your User Content;
C) your User Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
D) your User Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
END USER LICENSE GRANT
A. Tribute Brand Inc. Service
For the purpose of this Agreement, the term Intellectual Property shall mean without limitation any patent, trademark, trade name, business name (including domain names and URLs), copyright and related rights, registered design, database right, unregistered design right (including rights in semiconductors) or other intellectual or industrial property protection and any application for such protection, and all rights in any secret process, know-how and inventions (whether patentable or registrable or not) or other confidential information in each case whether registered or unregistered and including applications for the grant of such rights and all other rights or equivalent forms of protection anywhere in the world (“Intellectual Property”).
Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service.
Tribute Brand Inc. reserves all rights not expressly granted herein in the Service and the Tribute Brand Inc. Content (as defined below). Tribute Brand Inc. may terminate this license at any time for any reason or no reason.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Tribute Brand Inc. does not warrant that the Mobile Software will be compatible with your mobile device. Tribute Brand Inc. hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Tribute Brand Inc. Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Tribute Brand Inc. may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or thirdparty license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Tribute Brand Inc. or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Tribute Brand Inc. reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013©(1)(ii) (OCT1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or reexported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
B. Mobile Software from App Store
The following also applies to any Mobile Software you acquire from the Apple App Store (“Apple App Store – Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Tribute Brand Inc., not Apple, and that Apple has no responsibility for the Apple App Store – Sourced Software or content thereof. Your use of the Apple App Store – Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store - Sourced Software. In the event of any failure of the Apple App Store – Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App Store – Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store – Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Tribute Brand Inc. as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple App Store – Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App Store – Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Tribute Brand Inc. as provider of the software. You acknowledge that, in the event of any third party claim that the Apple App Store – Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Tribute Brand Inc., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Tribute Brand Inc. acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Apple App Store – Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple App Store – Sourced Software against you as a third party beneficiary thereof.
C. Beta Software
We may make available Mobile Software, any other software, or other software that allows you to access and use certain features, technologies, and/or services that are not yet generally commercially released (collectively referred to as the “Beta Software”). In addition to the other provisions in this Agreement, the following additional provisions in this subsection apply to the Beta Software.
The license granted by Tribute Brand Inc. under this Agreement with respect to the Beta Software will automatically terminate upon the release of a generally commercially available version of the applicable Beta Software or will terminate as otherwise set forth in this Agreement or as determined by Tribute Brand Inc. (“Beta Period”). For the avoidance of doubt, the license is subject to the below restrictions, and Tribute Brand Inc. may revoke your license to the Beta Software or modify the permitted use of or suspend your access to any Beta Software at any time and for any or no reason.
You acknowledge that the Beta Software, its existence, its features, its capacities, its capabilities, its thresholds, its limitations, and its mode of operation, any related materials provided by Tribute Brand Inc., any beta test results compiled by you, and other technical, business, product, marketing, and financial information, plans, and data relating to the Beta Software are the confidential information of Tribute Brand Inc. (“Beta Confidential Information”). You agree (i) to hold the Beta Confidential Information in strict confidence, (ii) not to disclose any Beta Confidential Information to any third parties except as authorized by Tribute Brand Inc. in writing, and (iii) not to use any Beta Confidential Information for your own use or for any purpose except as permitted under this Agreement including testing the Beta Software and providing feedback with respect to such Beta Software to Tribute Brand Inc. You agree to take all practicable measures to protect the secrecy of Beta Confidential Information and avoid disclosure or use of Beta Confidential Information other than expressly authorized herein, which measures will take the form of the highest degree of care that a reasonable person would apply to
protect his, her, or its own information of a similar nature and importance. You agree promptly to notify Tribute Brand Inc. in writing of any misuse or misappropriation of Beta Confidential Information that may come to your attention. All copies of electronic information and data, or tangible items including documents and magnetic media, containing or embodying Beta Confidential Information will be permanently destroyed upon the expiration or termination of the Beta Period or as otherwise requested by Tribute Brand Inc.
THE BETA SOFTWARE IS NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, FOR THE AVOIDANCE OF DOUBT, TRIBUTE BRAND INC. IS PROVIDING THE BETA SOFTWARE TO YOU “AS IS.” TRIBUTE BRAND INC. MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRIBUTE BRAND INC. DOES NOT WARRANT THAT THE BETA SOFTWARE WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.
Certain components of the Service and Mobile Software are subject to separate license terms, including “free” or “open source” software (“Separately Licensed Code”). As required by the terms of the relevant Separately Licensed Code licenses, Tribute Brand Inc. presents the list of such products and the modifications we made to it. The components of software referenced on this page have been provided under one or more open source licenses, and the list is complete to the best of our knowledge. If you believe any additional products should be provided under the applicable open source license, please contact us and provide in detail the product or code module in question. Tribute Brand Inc. is committed to meeting the requirements of the open source licenses including the GNU General Public License (GPL).
OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Tribute Brand Inc. Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Tribute Brand Inc. and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Tribute Brand Inc. Content, while exceptions apply to the digital assets owned by Tribute Brand Inc. users. Use of the Tribute Brand Inc. Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You shall not prepare any derivative work based on Tribute Brand Inc’s Intellectual Property Rights, nor translate, reverse engineer, decompile or disassemble Tribute Brand Inc’s Intellectual Property Rights.
Otherwise as provided herein, you acknowledge and agree that this Agreement does not operate to vest in you any right, title or interest to or in the Tribute Brand Inc.’s Intellectual Property and you will not attempt to register anywhere in the world any of the trademarks, trade name or service mark confusingly similar to any of the Tribute Brand Inc.’s trademarks. Further, you acknowledge that you do not have any rights whatsoever to use or to license or authorise any third party to use any Tribute Brand Inc.’s Intellectual Property without the prior written consent of Tribute Brand Inc.
You may choose to or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about the Service, including without limitation about how to improve the Service or our other products (“Ideas”). You hereby grant to Tribute Brand Inc. a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Ideas in connection with the Service and any of Tribute Brand Inc.’s other products, technology, services, specification or other documentation.
Any use of the Service beyond the scope of the licenses set forth in this Agreement is prohibited and, therefore, constitutes unauthorized use of the Service. This result is because as between you and Tribute Brand Inc., all Intellectual Property rights relating to the Service remain Tribute Brand Inc.’s property.
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT AND USE OF SERVICE
Tribute Brand Inc. respects the Intellectual Property rights of others and encourages you to do the same. Accordingly, Tribute Brand Inc. has a policy of removing User Content that violates Intellectual Property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone’s Intellectual Property rights, and/or terminating in appropriate circumstances the Account of any user who uses the Service in violation of someone’s Intellectual Property rights.
Tribute Brand Inc. implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law. If you believe your copyright or other Intellectual Property right is being infringed by a user of the Service, please provide written notice to our agent for notice of claims of infringement: email@example.com.
To be sure the matter is handled immediately, your written notice must:
A) contain your physical or electronic signature;
B) identify the copyrighted work or other Intellectual Property alleged to have been infringed;
C) identify the allegedly infringing material in a sufficiently precise manner to allow Tribute Brand Inc.to locate that material;
D) contain adequate information by which Tribute Brand Inc. can contact you (including postal address, telephone number, and e-mail address);
E) contain a statement that you have a good faith belief that use of the copyrighted material or other Intellectual Property is not authorized by the owner, the owner's agent or the law;
F) contain a statement that the information in the written notice is accurate; and
G) contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other Intellectual Property infringement, Tribute Brand Inc. will be unable to address the listed concern.
Tribute Brand Inc. reserves the right, in its sole discretion, to terminate the Account or access of any user of the Service who is the subject of repeated infringement notifications.
You agree that a violation of Tribute Brand Inc.’s Intellectual Property rights and the provisions of this Agreement will cause irreparable injury to Tribute Brand Inc. for which monetary damages would not be an adequate remedy and Tribute Brand Inc. shall be entitled to equitable relief in addition to any remedies it may have under this Agreement or under applicable law, without a bond, other security, or proof of damages.
Unauthorized use of the Service may result in violation of the applicable law. Unless expressly set forth herein or if you have written permission from Tribute Brand Inc. stating otherwise, you are not authorized to use the Service in any of the following ways:
A) for any public or commercial purpose which includes use of any aspect of the Services on another site or through a networked computer environment;
B) in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
C) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
D) to stalk, harass, or harm another individual;
E) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
F) to interfere with or disrupt the Service or servers or networks connected to the Website;
G) from a country sanctioned by the government of the United States or the EU or to facilitate transactions involving individuals sanctioned by the government of the United States or the EU or located in sanctioned countries.
H) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
I) to engage in wash trading or other deceptive or manipulative trading activities.
J) to place misleading bids or offers.
K) access, tamper with, or use non-public areas of the Website, the Service, Tribute Brand Inc.’s computer systems, or the technical delivery mechanics of Tribute Brand Inc.’s providers;
L) bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Tribute Brand Inc.;
M) use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by Tribute Brand Inc. to access the Service, extract data, or otherwise interfere with or modify the rendering of Website pages or functionality;
N) reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code relating to any Service;
O) use the Service for money laundering, terrorist financing, or other illicit finance otherwise obfuscating the source of traffic you send to Tribute Brand Inc.; or
P) to attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means.
Additionally, you agree not to: engage in any activity which operates to defraud Tribute Brand Inc., other users, or any other person; or to provide any false, inaccurate, or misleading information to Tribute Brand Inc.; or access the Service from a different blockchain address if Tribute Brand Inc. has blocked any of your other blockchain addresses from accessing the Service, unless you have Tribute Brand Inc.’s prior written permission.
A. Billing Policies
Certain products or services offered on or through the Service may be provided for a fee or other charge. If you elect to purchase products or services, such as digital assets, on or through the Service, or to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Tribute Brand Inc. may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time at its sole discretion.
THERE ARE NO REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE OR FROM TRIBUTE BRAND INC.
All risks in relation to any refund of payment made shall be borne solely and absolutely by you. Tribute Brand Inc. reserves the right to refuse or cancel any Service purchase requests at any time at our sole and absolute discretion.
In addition, you may cancel your Tribute Brand Inc. Account at any time; however, there are no refunds for cancellation. In the event that Tribute Brand Inc. suspends or terminates your Account or this Agreement, you understand and agree that you will receive no refund or exchange for any license fees for any portion of the Service, any content or data associated with your Account, or for anything else.
C. Risk of Loss
D. Payment Information; Taxes
For the purpose of this Agreement, Taxes means any and all taxes, including without limitation income, franchise, sales, capital, transfer, property, payroll, withhold, VAT and other taxes, levies, imposts and duties of any nature whatsoever (“Taxes”).
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable Taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
It is your obligation to determine any and all Taxes assessed, incurred or required to be collected, paid or withheld for any reason in connection to the use of Services, it is your sole responsibility to collect, withhold, report and remit correct Taxes to the appropriate tax authority;
Based on this Agreement you may have exposure to certain cryptocurrencies and NFTs. Before obtaining such exposure, it is required to read these risk warnings, and by proceeding to use the Service, you accept and acknowledges the associated risks in dealing with cryptocurrencies and NFTs.
You are fully aware that the trading of goods and products, real or virtual, as well as virtual currencies and NFTs involves a significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of the assets at any given moment. Any currency, virtual or not, may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling, or trading anything on the market.
Cryptocurrency and NFTs exchanges also carry special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, cryptocurrencies and NFTs are backed by technology and trust. There is no central bank that can take corrective measure to protect the value of cryptocurrency or NFTs in a crisis, or issue more currency or NFTs.
Traders put their trust in a digital decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. All transactions involving NFTs purchased or exchanged will be recorded in the Ethereum blockchain. Tribute Brand Inc. does not control the blockchain with which you are interacting and Tribute Brand Inc. does not control certain smart contracts and protocols that may be integral to your ability to complete transactions on the blockchains. Additionally, blockchain transactions are irreversible and Tribute Brand Inc. has no ability to reverse any transactions on the blockchain.
There are risks associated with using an Internet and blockchain based products, including, but not limited to, 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 Account. You accept and acknowledge that Tribute Brand Inc. will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any blockchain network.
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 the Service.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrencies, tokens and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the value or utility of the Service.
There may be additional risks that Tribute Brand Inc. has not foreseen or identified in this Agreement. You undertake to carefully assess whether your financial situation and tolerance for risk are suitable for using the Services. You accept and acknowledge that Tribute Brand Inc. will not be responsible for the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the Service.
By using the Service, you expressly confirm that you have a sufficient understanding of technical and business matters (including those that relate to the Services) cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to understand this Agreement and to appreciate the risks and implications of purchasing the Service.
DISCLOSURE OF MATERIAL CONNECTION
Tribute Brand Inc. may be compensated if you click on a link and purchase one or more of the products or services recommended to you on this site or in an email, blog, or other online posting sponsored by us. In addition, some of the endorsements made on this site, or on our affiliates’ sites, may be made by persons who have a financial or other interest in Tribute Brand Inc. Company or its products or services. This disclosure is made pursuant to 16 CFR, Part 255 of the Federal Trade Commission’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
In order to use the Services, you will need a blockchain address and a third-party wallet. Your blockchain address serves as your identity on the Website. Your wallet, whether or not custodial, desktop, mobile, or “hot” or “cold” (i.e., Metamask, Ledger, Fortmatic, etc.) will serve as account when using the Services (the “Account”) will be associated with your blockchain address; however, if you want to, you may add additional information to your Account, such as a profile picture. This Account is personal and non-transferable. You therefore undertake not to use any automated means to use the Platform, such as the use of robots or scripts, scraping, crawling, simulation or automated browsing techniques.
Your Account on the Website 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 Services, 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 Tribute brand Inc., and Tribute brand Inc. does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Tribute brand Inc. accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Services will operate with any specific wallet. If you discover an issue related to your wallet, please contact your wallet provider.
You understand and agree that you are solely responsible for maintaining the security of your Account and control over any usernames, passwords, or any other codes that you use to access the Services. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. Any unauthorized access to your Account by third parties could result in the loss or theft of NFTs in your Account and any associated wallet. You understand and agree that you will not hold us responsible for managing and maintaining the security of your Account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your Account. You are responsible for monitoring your Account. If you notice any unauthorized or suspicious activity in your Account, please notify us immediately by emailing firstname.lastname@example.org with “Reporting Security Issue” in the email subject line.
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 understand and agree that access to your Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Account to any person without our prior written permission. Your account is your sole responsibility, and any claims that someone else used your account to violate these Terms or change your settings will be dismissed.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that if (a) you are an individual, you agree that you are not and (b) if you are an entity, you agree that neither you nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf is: (i) related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. or EU embargo, or any persons who are named on any list of sanctioned individuals or entities by the EU or UN; (ii) (or has ever been) prohibited from the transaction pursuant to U.S. or EU anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) resident in a country or jurisdiction under a U.S. or EU embargo enforced by OFAC, including the Crimea Region of Ukraine, Donetsk, Cuba, Iran, North Korea, and Syria. 5.7. If you access or use the Service, 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.
You represent and warrant not use the Service for any improper purpose or in any manner, which may constitute a violation of applicable laws or which may cause damage to Tribute Brand Inc.’s reputation or which may expose Tribute Brand Inc. to investigation, prosecution or legal action;
Tribute Brand Inc. can 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, or to investigate a potential violation of this Agreement. In such cases, Tribute brand Inc., in its sole discretion, can disable your Account and block your ability to access the Services until such additional information and documents are processed by Tribute Brand Inc.. If you do not provide complete and accurate information in response to such a request, Tribute Brand Inc. can refuse to restore your access to the Service. We reserve the right to cancel your account, without notice, for any reason, at any time.
You agree to supply all AML and KYC documentation as reasonably required by Tribute Brand Inc. to provide the Service and any other such documentation that may be so reasonably required from time to time to fulfil any legal, regulatory or other obligation.
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, Website, Software or other actions that Tribute Brand Inc. in its sole discretion, may elect to take.
NO PROFESSIONAL ADVICE
If the Service provides professional information (for example, professional referrals, tutorials, guides, etc.), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is qualified in the applicable area.
Relevant personal data shall be processed in accordance with applicable data protection law. Tribute Brand Inc. shall collect, save, and process personal data that are necessary, adequate, relevant, and not excessive in relation to the purpose for which they are collected or further processed. You acknowledge that your personal data/ personally identifiable information will be shared by Tribute Brand Inc. with its affiliates in terms of provisions of the Services.
Your access and use of some of the Services offered by Tribute Brand Inc. may require you to use certain third-party products and/or services. Your use of such third-party products and services will require you to agree to and comply with additional privacy policies and terms and conditions. Your use of such products and services is entirely at your own risk and you must follow the privacy policies and terms and conditions of those third parties. Tribute Brand Inc. is not responsible for any third-party products, services, or content.
You agree to defend, indemnify and hold harmless Tribute Brand Inc. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, penalties, fines or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Transactions relating to the Services may utilize smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. You acknowledge and agree that such technologies are experimental, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the relevant blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss.
To the fullest extent provided by law, Tribute Brand Inc. and Tribute Brand Inc.’s technology providers will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Service. Further, Tribute Brand Inc. is not responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behaviour or software (e.g., smart contract), blockchains or any other features of the Service.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIBUTE BRAND INC. OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TRIBUTE BRAND INC., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
TRIBUTE BRAND INC. 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 THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, 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, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST TRIBUTE BRAND INC.
TRIBUTE BRAND INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRIBUTE BRAND INC. SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TRIBUTE BRAND INC. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIBUTE BRAND INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TRIBUTE BRAND INC. BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIBUTE BRAND INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING HOSTED SITES). IN NO EVENT WILL TRIBUTE BRAND INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TRIBUTE BRAND INC. HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRIBUTE BRAND INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Tribute Brand Inc. makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
If Tribute Brand Inc. shall be unable to perform the Services due to factors beyond its control, including but not limited to a force majeure event, change of law, or change in sanctions policy. Tribute Brand Inc. shall not be liable for the Services provided during the time period coincident with the event.
Tribute Brand Inc.’s policy is to prohibit and actively prevent money laundering and any activity that facilitates money laundering or terrorism financing or criminal activities. Tribute Brand Inc. will only provide the Services to you upon successful completion of its KYC Process and its anti-money-laundering and risk due diligence in accordance with Applicable Laws. Tribute Brand Inc. insists on a comprehensive and thorough KYC and AML compliance framework, which includes monitoring of suspicious transactions, obligatory reporting to local regulators and other compliance authorities and keeping the identification and proof of address of documents and transaction records.
Tribute Brand Inc. warrants and guarantees that it shall perform the Services and carry out its obligations under this Agreement with all due diligence and efficiency in accordance with the generally accepted techniques and practices commonly recognized in the industry.
If Tribute Brand Inc. shall be unable to perform the Services due to factors beyond its control, including but not limited to a Force Majeure Event, change of law, or change in sanctions policy. Tribute Brand Inc. shall not be liable for the Services provided during the time period coincident with the event.
Tribute Brand Inc. is entitled to monitor your use of the Services, if possible. You acknowledge that Tribute Brand Inc. periodically reviews you relating to the KYC Process during the term of this Agreement, including inter alia, monitoring of fraud reports, screening against sanctions and PEP lists, Website content checks.
Tribute Brand Inc. may terminate any relationship with you at any time with immediate effect without giving prior written notice if:
A) you commit a material breach of any provision of this Agreement which, in the case of a breach capable of being remedied, has not been remedied to the satisfaction of Tribute Brand Inc. claiming the breach within thirty (30) business days’ of notice in writing specifying the breach and requiring the same to be remedied having been given; or
B) you commit (or your representatives or affiliates commit) fraud; or
C) if it is required to do so due to an amendment of applicable law or due to a decision by a court or a government body.
D) Tribute Brand Inc., acting in good faith, reasonably believes that you are involved in any activities or omissions that would qualify as a criminal offence pursuant to applicable laws;
E) you disrupt Tribute Brand Inc.’s regular business activities by means of, for example, spoofing, parameter tampering, exploitation of bugs, brute force or denial of service attacks and any other malicious activities;
F) you fail to successfully pass any anti-money-laundering or risk due diligence, or KYC Process executed by Tribute Brand Inc.
In case of termination pursuant to the preceding paragraph, you unconditionally acknowledge and agree that your Account will be forfeited.
You may terminate this Agreement and delete your Account at any time by sending an email to Customer Support (email: email@example.com) and clearly stating your request. This termination shall automatically lead to the termination of this Agreement. If you wish to terminate this Agreement you unconditionally acknowledge and agree that your Account will be forfeited in.
SUSPENSION OF SERVICES
Tribute Brand Inc. is entitled, in its sole discretion, to suspend your Account or its Services in the event of reasonable grounds, if you fail to properly fulfil its obligations under this Agreement. In that case Tribute Brand Inc. shall notify you thereof within three (3) Business Days following the suspension.
If for the purpose of determining the continuation of the Services and your Account you do not provide complete and accurate information in response to such a request, Tribute Brand Inc. may refuse to restore your access to the Service.
Tribute Brand Inc. shall provide you with notice of such action. Tribute Brand Inc. reserves the right to close, suspend or limit access to the Service in the event Tribute Brand Inc. is unable to obtain and verify such information for monitoring purposes or in the case of your non-compliance with the obligations, representations and warranties from this Agreement.
Tribute Brand Inc. reserves the right to take action, with or without advance notice, if Tribute Brand Inc. believes you have violated this Agreement, including without limitation, disabling the ability to use the Service, disabling your ability to access the Website, and/or other actions.
Suspension of Services shall be for any reasonable period of time required by Tribute Brand Inc. to fully investigate your account activity and resolve, to Tribute Brand Inc.’s sole satisfaction, the subject questionable, suspect or fraudulent transactions or activities.
The right to extraordinary termination as sets herein shall remain unaffected by such suspension.
ARBITRATION AND GOVERNING LAW:
For any dispute you have with Tribute Brand Inc., you agree to first contact us at and attempt to resolve the dispute with us informally. You must commence this process by emailing written notification to Tribute Brand Inc. at firstname.lastname@example.org. That written notification must include (1) your name, (2) your address, (3) a written description of your dispute, and (4) a description of the specific relief you seek. If Tribute Brand Inc. does not resolve the dispute to your satisfaction within 45 (forty five) days after it receives your written notification, you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
In the unlikely event that Tribute Brand Inc. has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, including its validity, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Tribute Brand Inc. agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
Please note that arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees).
Notwithstanding the above, you or Tribute Brand Inc. may choose to pursue a dispute in court and not by arbitration if (a) the dispute qualifies, it may be initiated in small claims court; or (b) you opt-out of these arbitration procedures within 30 days from the date that you first consent to these terms (the “Opt-Out Deadline”). You may opt out of this provision by emailing written notification to Tribute Brand Inc. at email@example.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Tribute Brand Inc. through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Tribute Brand Inc. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court. In case of Opt-Out you agree to settle all disputes before the competent court in the State of Delaware, United States of America.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRIBUTE BRAND INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You may also request an extra-judicial mechanism to resolve any dispute relating to this Agreement from the competent bodies as defined in the applicable consumer rules. As an example, the European Online Dispute Resolution Platform (http://ec.europa.eu/consumers/odr/) provides information on alternative dispute resolution methods that may be of interest to you, but you are free to choose another extra-judicial mechanism.
If there is a dispute between users of the Services, or between any user of the Service and any third party, you acknowledge and agree that Tribute Brand Inc. is under no obligation to become involved. In the event that a dispute arises between you and any third party, you hereby release Tribute Brand Inc., Tribute Brand Inc.’s officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes.
B. Governing Law
You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States, and construed and enforced in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of The Delaware Court for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior consent of Tribute Brand Inc., but the rights, duties and obligations of Tribute Brand Inc. may be assigned, sublicensed, subcontracted, delegated, transferred or otherwise disposed of, in whole or in part be assigned by Tribute Brand Inc. without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
B. Notification Procedures and Changes to the Agreement
By creating an Account, you consent that Tribute Brand Inc. may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Tribute Brand Inc. in our sole discretion. Tribute Brand Inc. reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Tribute Brand Inc. may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ’last modified’ date at the bottom of this page. If you object to any such modifications, your sole recourse shall be to cease using the Service. Your continued use of the Service after any such change constitutes your acceptance of the new terms of the Agreement. If you do not agree to any of these terms or any future terms of the Agreement, do not use or access (or continue to access) the Service. Tribute Brand Inc. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Tribute Brand Inc. in connection with the Service, will constitute the entire agreement between you and Tribute Brand Inc. concerning the Service.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Headings are included for convenience only and will not be considered in interpreting this Agreement. For the avoidance of doubt, as used in this Agreement, the word including means including but not limited to.
D. No Waiver
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Tribute Brand Inc.’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
If you have any questions about this Agreement or otherwise need to contact us for any reason, you can reach us at firstname.lastname@example.org.
E. No Partnership
No agency, partnership, joint venture, or employment is created as a result of this Agreement or your use of any part of the Service. You do not have any authority whatsoever to bind Tribute Brand Inc. in any respect. Neither Tribute Brand Inc. nor any users of the Service may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.