Terms of Service for SPOOKY PETS (AKA Spooky Pets, SpookyPets, Spooky Pet, SpookyPet)
We may update these Terms from time to time. Please ensure you check the Terms each time you access or use this Site. If we make material changes to these Terms, we will post the revised Terms and the revised effective date at the bottom of these Terms. Your continued use of any of the Service after the date of any such changes become effective constitutes your acceptance of the new Terms.
Spooky Pets provides the Licensed Products subject to the following Terms or Agreement.
The Site may express certain tokens or other digital assets as including rarities or having been set with certain characteristics or being one of a certain number of printed (minted) tokens. The odds expressed on the Site (or on other sites to which the Site is linked) are based on statistical probabilities for all collectibles being sold. There is no explicit or implied guarantee that your experience will exactly match the odds published on the Site (or on other sites to which the Site is linked) due to the statistical variation in outcomes versus the results expected across the entire collection. It is your responsibility to review the odds per the smart contract in order to determine the chances of drawing the collectibles offered for sale.
No one at Spooky Pets is authorized to modify these Terms with you or otherwise enter into an agreement with you that conflicts with these Terms, except by means of a written agreement signed by an authorized agent of Spooky Pets or as described above in these Terms, and any other purported modifications or alterations or conflicting terms will be null and void.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
Use of the Site
This Site, and the information which it contains, is the property of Spooky Pets and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other foreign and domestic intellectual property laws. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.
The information contained on this Site is provided on an “AS IS” basis, without any knowledge as to your specific circumstances. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons, and there may also be delays, omissions or inaccuracies in information contained on the Site. The information on the Site does not constitute the rendering of legal, accounting, tax or other such professional advice.
No part of the Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Spooky Pets authorizes you to view, copy, download and print Spooky Pets documents available on this Site, provided that you use the documents solely for noncommercial, informational purposes, that you not modify the documents, and that you not remove copyright, trademark and other proprietary notices.
Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use this Site or any documents displayed on this Site, through the use of framing or otherwise, except as expressly permitted by these Terms or with the prior written permission of Spooky Pets.
All information, including but not limited to user information, remarks, suggestions, ideas, graphics or other submissions communicated to Spooky Pets through this Site, or Spooky Pets’ managed 3rd-party sites (e.g., Spooky Pets discord channel) is the exclusive property of Spooky Pets. Spooky Pets is entitled to use any information submitted for any purpose, without restriction or compensation to the person submitting such information. The user acknowledges and warrants the originality of any submission communicated to Spooky Pets and accepts all responsibility for its accuracy, appropriateness and legality. Information that Spooky Pets publishes on this Site may contain references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Spooky Pets intends to announce or make available such products or services to the general public or in your country.
Use of the Licensed Products
Spooky Pets provides the Service, by which persons can order non fungible tokens (“NFTs”) for personal use, where the payment is processed by a third party. When opening packs, the odds of finding each type of item therein are as displayed on the pack purchase screen (or on pages of other sites to which the Site is linked). Such Packs, tokens and items are Licensed Products. Packs are available only to customers in certain locations. You may not license or use any of these Packs if you are not in an approved location. With respect to any violation of these terms, you agree to hold harmless, indemnify and release Spooky Pets from any liability in accordance with these Terms. You must be 18 or older to buy or sell Licensed Products on the Site, regardless of any consent from your parent or guardian to use the Service. You agree to comply with all applicable national, federal, state, provincial and local laws, statutes, regulations, rules, codes, ordinances, orders or directives (“Applicable Laws”) when buying, selling and using Licensed Products.
Due to restrictions imposed by Spooky Pets’ third-party service providers, Spooky Pets reserves the right to refuse service under the terms and conditions of this Agreement when so required by its third-party service providers, to the fullest extent allowed by Applicable Law. Spooky Pets further reserves the right, in its sole and absolute discretion, to refuse access to or use of the Service under the terms and conditions of this Agreement if Spooky Pets has reason to believe that your funds are subject to any dispute as to the ownership of such funds or the means by which you acquired such funds.
You need a supported Web browser to access the Site and to use the Service. You acknowledge and agree that Spooky Pets may cease to support a given Web browser and that your continuous use of the Site and Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Site and Service is dependent on the performance of your computer equipment, your Internet connection and telecommunications services.
You are solely responsible for all NFTs and other Licensed Products you obtain. Spooky Pets shall have no liability to you or anyone else for the use, handling, transfer, loss or other disposition of your NFTs and other Licensed Products.
You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party has access your password, use the password regeneration feature of the Site as soon as possible to obtain a new password. In all circumstances, you agree not to permit any third party to use or access the Service or Site through your password, and you bear all responsibility for any such access or use.
You may not use any form of unauthorized third-party software, scripts or the like, including without limitation: automation software (bots), mods, scrapers, “userscripts,” “addons,” “extensions”, hacks, etc., to modify, automate and/or change the purchasing process in any way and/or for the purpose of data collection.
As a condition to your use of the Site and Service, you agree not to: (a) impersonate or misrepresent your affiliation with any person or entity; (b) access, tamper with, or use any non-public areas of the Site and Service or Spooky Pets’ computer systems; (c) attempt to probe, scan or test the vulnerability of the Site, Service or any related system or network, or breach any security or authentication measures used in connection with the Site, Service or any of such systems and networks; (d) attempt to decipher, decompile, disassemble, reverse engineer or otherwise investigate any of the software or components used to provide the Site or Service; (e) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation by sending a virus, overloading, flooding, spamming or mail-bombing the Site or Service, or otherwise; (f) provide payment information belonging to a third party; (g) use the Site or Service in an abusive way contrary to its intended use, Spooky Pets’ policies and instructions, any obligation you owe to any third party, or any Applicable Law; (h) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders or otherwise; (i) make use of the Site or Service in a manner contrary to the terms and conditions under which third parties provide facilities and technology necessary for the operation of the Site and Service; (j) infringe third-party intellectual property rights when using or accessing the Site or Service; and (k) make use of, promote, link to, or provide access to materials deemed by Spooky Pets, at its sole and unfettered discretion, to be offensive or cause harm to Spooky Pets’ reputation, including, without limitation, illegal content and pornographic content and other content deemed by Spooky Pets in its sole discretion to be offensive or injurious to Spooky Pets and/or the Service (such as Warez sites, IRC bots and bittorent sites).
Your online conduct and interaction with other users of the Site and Service should be guided by common sense and basic etiquette. Spooky Pets may terminate your access to the Site or Service at any time (in Spooky Pets’ sole and unfettered discretion), for any conduct or activity that Spooky Pets believes, in its sole and unfettered discretion, is illegal, violates the terms of this Agreement or otherwise negatively affects the enjoyment of the Site and Service by other users. You acknowledge that Spooky Pets is not required to provide you notice before terminating your access to the Service or the Site, but it may choose to do so.
You represent, warrant, covenant and agree that (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including, without limitation, Cuba, Iran, North Korea or Syria; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that is subject to sanctions in any other country; or (iv) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles. You are not allowed to use the Service if we identify your IP address or address of residence or use of the Service as originating from any such country.
You further represent, warrant, covenant and agree that (a) you will not use, trade, sell or otherwise dispose of any Licensed Product from the Site or the Service in any manner that is contrary to, or in violation of, any Applicable Law; (b) you have the full right and authority to use the Site and the Service and to be bound by these Terms; (c) you will at all times comply with Applicable Laws; (d) the Site and the Service are strictly for personal amusement and entertainment purposes, (e) the Site and the Service do not offer real money or an opportunity to win real money or prizes; and (f) no money or thing of value can be won through the Site or the Service.
Investigation and Enforcement
Spooky Pets will have the right to investigate and prosecute violations of any term or provision of this Agreement or your use of the Site and Service, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Spooky Pets may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement or other Applicable Law.
You acknowledge that, although Spooky Pets has no obligation to monitor your access to or use of the Site and Service, it has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with this Agreement, and to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body. You further acknowledge that during the pendency of any investigation, Spooky Pets may revoke your access to the Site or the Service.
BY ACCEPTING THESE TERMS, AND TO THE MAXIMUM EXTENT OF APPLICABLE LAW, YOU AGREE TO HOLD SPOOKY PETS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPOOKY PETS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SPOOKY PETS OR LAW ENFORCEMENT AUTHORITIES.
EULAs and Third Parties
Either Spooky Pets or the other entities that sell Licensed Products on this Site are primarily responsible for fulfillment of orders, warranty, maintenance, technical and product support services for those Licensed Products. Purchase of licenses to certain Licensed Products may also require shoppers to agree to one or more End-User License Agreements (or “EULAs”) that include additional terms set by the product supplier, rather than by Spooky Pets or a payment facilitator. You will be bound by any EULA to which you agree.
SPOOKY PETS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING ALL THIRD-PARTY SITE OR SERVICES. IN PARTICULAR, SPOOKY PETS MAKES NO REPRESENTATION OR WARRANTY AND DISCLAIMS ALL IMPLIED WARRANTIES THAT ANY SERVICE OR SUBSCRIPTION OFFERED VIA THIRD-PARTY VENDORS WILL NOT CHANGE OR NOT BE SUSPENDED OR TERMINATED.
Payments and Fees
All monies stipulated in these Terms and in the Service are expressed in USD and may include additional applicable taxes. Except as expressly described in these Terms, Licensed Products offered on the Site are available for delivery worldwide, except for Restricted Countries. Purchased Licensed Products are delivered promptly.
You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of Licensed Products. Any refunds for Licensed Products licensed to you following your instructions shall be at Spooky Pets’ sole, unfettered and exclusive discretion, and provided only on an exceptional basis.
DISPUTE RESOLUTION - AGREEMENT TO ARBITRATE
Dispute Resolution by Binding Arbitration; Jury Trial Waiver; Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
If Spooky Pets is unable to resolve your concerns and a dispute remains between you and Spooky Pets, this Section explains how the parties have agreed to, and shall, resolve it.
You and Spooky Pets agree to make reasonable, good faith efforts to informally resolve any dispute before you initiate formal dispute resolution. You agree to send Spooky Pets a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. Written notice to Spooky Pets must be sent via email to [email protected]
FORMAL DISPUTE RESOLUTION: If Spooky Pets and you do not resolve the claim within sixty (60) calendar days after the Notice is received, then your options for formal dispute resolution depend upon your country of residence. This Section does not prevent you from bringing your dispute to the attention of any federal, state or local government agencies that can, if the law allows, seek relief from us for you.
FOR RESIDENTS OF THE UNITED STATES & OTHER JURISDICTIONS THAT ENFORCE BINDING ARBITRATION: YOU AND SPOOKY PETS AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND SPOOKY PETS ARISING IN CONNECTION WITH OR RELATING IN ANY WAY TO THESE TERMS OR TO YOUR RELATIONSHIP WITH SPOOKY PETS AS A USER OF THE SERVICE (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND WHETHER THE CLAIMS ARISE DURING OR AFTER THE TERMINATION OF THE SERVICE) WILL BE DETERMINED BY MANDATORY BINDING INDIVIDUAL (NOT CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION) ARBITRATION. YOU AND SPOOKY PETS FURTHER AGREE THAT THE ARBITRATOR SHALL HAVE THE EXCLUSIVE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE OR VALIDITY OF THE ARBITRATION AGREEMENT OR TO THE ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
YOU AND SPOOKY PETS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER (OR IN A REPRESENTATIVE OR CONSOLIDATED ACTION) IN ANY PURPORTED CLASS OR, REPRESENTATIVE, OR CONSOLIDATED ACTION. Unless both you and Spooky Pets agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding, and the arbitrator specifically does not have the power to alter this. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that Applicable Law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. If you start an arbitration proceeding against Spooky Pets, you agree that you will be responsible for at least half of the cost of the arbitration (and perhaps more in accordance with the arbitrator’s ruling). Any arbitration between you and Spooky Pets will be administered by the American Arbitration Association (see adr.org) under the Consumer Arbitration Rules, except that Section R-9 regarding small claims courts shall not apply. The seat and venue of the arbitration is the State of California. The language of the arbitration will be English. Where it is possible, the arbitrator shall be authorized to conduct matters of the arbitration over an online forum such as Zoom or Google Meet.
Unless Spooky Pets expressly agrees in writing to the contrary, the parties shall keep confidential all awards and orders in any arbitration pursuant to this section, as well as all materials in the arbitral proceedings created for the purpose of the arbitration and all other documents produced by another party in the arbitral proceedings not otherwise in the public domain; provided that the foregoing shall not prevent either party from making any disclosure of such to the extent that disclosure is required of a party by a legal duty, to protect or to pursue a legal right, or to enforce or challenge an award in legal proceedings before the appropriate court or other judicial authority. You and Spooky Pets agree that the US Federal Arbitration Act applies and governs the interpretation and enforcement of this provision, to the extent applicable.
The dispute will be resolved by the submission of documents without a hearing, unless a hearing is requested by a party or deemed to be necessary by the arbitrator, in which case, a party may elect to participate telephonically. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow Applicable Law, and any award may be challenged if the arbitrator fails to do so. You and Spooky Pets may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Nothing in this Section removes or limits Spooky Pets’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by Applicable Law, gross negligence. Additionally, notwithstanding this agreement to arbitrate, claims for infringement or misappropriation of the other party’s patent, copyright, trademark, trade secret or other intellectual property rights shall not be subject to arbitration under this Section.
You or Spooky Pets may seek emergency equitable relief before a court located in the State of California, United States of America in order to maintain the status quo pending arbitration and you agree to submit to the exclusive personal jurisdiction of the courts located within the State of California for such purpose. A request for interim measures shall not be deemed to be a waiver of the right to arbitrate.
FOR RESIDENTS OF THE EUROPEAN UNION & OTHER JURISDICTIONS THAT DO NOT ENFORCE THE BINDING ARBITRATION REQUIRED ABOVE: Any non-arbitrable disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the State of California. If you start an arbitration proceeding against Spooky Pets, you agree that you will be responsible for at least half of the cost of the arbitration (and perhaps more in accordance with the arbitrator’s ruling).
This Section will survive termination of your account and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or Spooky Pets. With the exception of any provision of this Section prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, any provision of this Section prohibiting arbitration on a class or collective basis is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Spooky Pets will be entitled to arbitration.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL BE FOREVER BARRED.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Spooky Pets will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms will be governed by the laws, restrictions, regulations and rules of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims that do not fall within the agreement to arbitrate, set out above, you and Spooky Pets agree to submit to the personal and exclusive jurisdiction of the State of California. The failure of Spooky Pets to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Spooky Pets, but Spooky Pets may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail or other electronic service (as described in Communication Services above).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spooky Pets as a result of these Terms or your use of the Service. Spooky Pets’ performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Spooky Pets’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Spooky Pets with respect to such use.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Spooky Pets with respect to the Service and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Spooky Pets with respect to the Service, except for any Terms of Token Sale or related documentation into which you have entered with Spooky Pets. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Spooky Pets reserves the right to temporarily or permanently discontinue the Site or Service, or your access thereto, at any time. Spooky Pets will deploy commercially reasonable efforts to notify you of such discontinuation, for example, by posting updates and notices on various social media. If you are blocked by us from accessing the Service (including, without limitation, by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
All right, title, and interest in and to the Site and Service are and will remain the exclusive property of Spooky Pets and, to the extent applicable, third parties providing facilities and technology for its operation. All right, title, and interest in and to the Licensed Products, licenses to which you purchase on the Site, are and will remain the exclusive property of the licensor. The Site, Service and Licensed Products are protected by copyright, trademark and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Service or any Licensed Product. You acknowledge and agree that, notwithstanding anything to the contrary in these Terms, you shall have no ownership or other property interest in the Site or to the Services or any Licensed Product.
Spooky Pets grants you a non-transferable, non-exclusive, revocable and limited right to access and use the Site and Service, and any Licensed Product the license for which you purchase on the Site, solely for your own personal amusement and entertainment purposes as an individual consumer. This right to access confers no title or ownership in the Site, Service or Licensed Product. Except as otherwise provided by this Agreement, you may not use the Site or Service for any purpose other than your permitted access to the Site and Service, to make personal, non-commercial use of the Site and Service. Except as otherwise permitted under this Agreement, or under Applicable Law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Site, the Service, any software accessed via the Site or any Licensed Product without the prior written consent of Spooky Pets or in a manner that violates Applicable Law.
You are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Service or any License Product to other parties in any way, nor to rent, lease or license the Service or any Licensed Product to others without the prior written consent of Spooky Pets, except to the extent expressly permitted elsewhere in this Agreement; (ii) host or provide matchmaking services for the Service or emulate or redirect the communication protocols used by Spooky Pets in any network feature of the Service, through protocol emulation, tunneling, modifying or adding components to the Service, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites, or services, without the prior written consent of Spooky Pets; or (iii) exploit the Service or any of its parts, or any Licensed Product, for any commercial purpose, except as expressly permitted elsewhere in this Agreement.
Disclaimer of Warranty and Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SPOOKY PETS MAKES NO WARRANTY OR REPRESENTATION AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SITE AND SERVICE, INCLUDING THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE AND SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SITE AND SERVICE WILL BE CORRECTED, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SPOOKY PETS PROVIDES THE SITE AND SERVICE “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOU USE THE SITE AND SERVICE AT YOUR OWN RISK, AND THE SITE AND SERVICE MAY BE TERMINATED AT ANY TIME BY SPOOKY PETS OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION. SPOOKY PETS DOES NOT ENCOURAGE, CONDONE OR PROMOTE THE COMMERCIAL USE OF THE SITE OR SERVICE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SPOOKY PETS AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA, OR LOSS OF ANY UNREALIZED SAVINGS OR EXPECTED BENEFIT, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE OR INTERRUPTION OF THE SITE AND SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF SPOOKY PETS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND SPOOKY PETS DISCLAIMS ALL SUCH DAMAGES TO THE MAXIMUM EXTENT ALLOWED BY LAW. IF SPOOKY PETS IS FOUND LIABLE TO PAY YOU ANY DAMAGES, INCLUDING REIMBURSEMENT OF EXPENSES LIKE ATTORNEYS’ FEES, SPOOKY PETS’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Indemnification and Release
You agree to defend, indemnify and hold harmless Spooky Pets, its affiliates and its and their and agents, from and against all Claims (as defined below) arising out of or in any way connected with your access to or use of the Site or the Service or your violation of these Terms, the rights of any third party or any Applicable Law. “Claim” includes, without limitation, any past, present, or future actions, causes of action, demands, assertions of rights, costs, demands, expenses, injuries, judgments, losses suits, damages and attorneys’ fees and other costs of defense, of any kind or nature whatsoever, whether in tort, contract, pursuant to statute, at law or equity or otherwise, whether direct or indirect, contingent or absolute, and whether known, foreseeable, liquidated, anticipated or suspected.
To the maximum extent permitted by law, and except as expressly provided herein, you, on behalf of yourself and on behalf of your past, present and future successors, predecessors, assigns, heirs, affiliates, agents, insurers, representatives, and any individual, person, organization, entity, corporation or representative who or which acquires or succeeds to your rights and responsibilities, absolutely, unconditionally and irrevocably forever release and discharge (and covenant not to sue) Spooky Pets, together with all of Spooky Pets’ and its affiliates’ past, present and future successors, predecessors and assigns, and all of its and their shareholders, parent companies, subsidiaries, affiliates, insurers, representatives, officers, directors and employees, from any and all Claims arising out of or in any way related to your use or inability to access and/or use the Site or the Service.
Applicable Law; Jurisdiction
These Terms and all Disputes (as defined below) are governed by and will be construed and enforced in accordance with the internal laws of the State of California without regard to choice-of-law rules. “Dispute” is a controversy, disagreement or claim between the parties with respect to, arising out of, or relating to these Terms in any manner whatsoever, whether in contract or tort, or whether legal or equitable. Any non-arbitrable Disputes shall be subject to the exclusive jurisdiction of the courts of the State of California, which shall be the exclusive and mandatory venue and forum for any and all Disputes. You expressly, knowingly and voluntarily consent to the personal jurisdiction and to the exclusive jurisdiction of the State of California and their courts, and you waive any objection based on lack of personal jurisdiction, improper venue or forum non conveniens.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California USA are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Brovember Rain, LLC, at [email protected] with the subject line: ATTN: Spooky Pets.
This Agreement is the entire and exclusive agreement between Spooky Pets and you regarding the Service, and this Agreement supersedes and replaces any prior agreements or understandings between Spooky Pets and you regarding the Site and Service.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed to be severed from this Agreement and shall not affect the validity of this Agreement as a whole, which shall remain in full force and effect. You shall not assign or otherwise transfer this Agreement or any of your rights or obligations under these Terms to any third party without the prior written consent of Spooky Pets, which consent is within Spooky Pets’ sole and unfettered discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the parties to these Terms and their respective successors and permitted assigns. Spooky Pets shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and Spooky Pets.
The failure of Spooky Pets to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement or any party to these Terms by Spooky Pets must be in writing and signed by an authorized representative of Spooky Pets.
If you have any concern, question or complaint regarding this Agreement, please contact [email protected]
SPOOKY PETS NFT License Agreement
This License Agreement applies to any Purchased NFT generated either by Spooky Pets or through the Spooky Pets Platform. The rights granted to You by this License Agreement shall apply only so long as You continue to Own the applicable Purchased NFT. The rights that you have in and to the Art are limited to those explicitly granted to You in this License.
Creator (or, as applicable, its licensors) shall own all legal right, title, and interest in and to the Art, including all intellectual property rights therein. Spooky Pets reserves all rights in and to the Art not expressly granted to You in this License.
Subject to your continued compliance with the terms of this License, Creator grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art in Purchased NFTs, along with any Extensions that you choose to create or use, solely for the following purposes: (i) for Your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of Your NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of Your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application.
You agree that You may not, nor permit any third party to do or attempt to do any of the foregoing without Creator’s express prior written consent in each case: (i) modify the Art for Your Purchased NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes (Your use of Extensions will not constitute a prohibited modification hereunder);
(ii) use the Art for Your Purchased NFTs to advertise, market, or sell any third party product or service; (iii) use the Art for Your Purchased NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Art for Your Purchased NFTs in movies, videos, or any other forms of media; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for Your Purchased NFTs; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for Your Purchased NFTs; or (vii) otherwise utilize the Art for Your Purchased NFTs for Your or any third party’s commercial benefit.
To the extent that Art associated with Your Purchased NFTs contains Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), You understand and agree as follows: (x) that You will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, Creator may need to pass through additional restrictions on Your ability to use the Art; and (z) to the extent that Creator informs You of such additional restrictions in writing (email is permissible), You will be responsible for complying with all such restrictions from the date that You receive the notice, and that failure to do so will be deemed a breach of this license. The restrictions in this paragraph will survive the expiration or termination of this License.
If at any time You sell, trade, donate, give away, transfer, or otherwise dispose of Your Purchased NFT for any reason, the license granted to You will immediately expire with respect to those NFTs without the requirement of notice, and You will have no further rights in or to the Art for those NFTs.
The Creator shall not be responsible to You or any third party for losses or (a) damages arising from or related to the ownership, possession, sale, use, or transfer of the NFT or associated work; or (b) losses or damages related to claims involving the real or alleged ownership, possession, sale, use or transfer of the NFT or associated or derivative work.
No warranties or guarantees are provided by Creator as to the present or future value of the associated work, and You willingly assume the risk that the value is volatile and may increase, decrease, or disappear due to any number of possible factors.
Creator is in no way responsible for the technology, transfer, maintenance, storage, security, use or condition of the NFT and the underlying networks on which it is maintained, stored, displayed or transferred and You accept it as Your sole responsibility to secure the safety, security and Your intended use, sale, or transfer of the NFT.
Disputes arising out of or related to the sale of the NFT or this License shall be litigated exclusively in the courts of Los Angeles, California, and California law shall apply to all such disputes.
Effective Date: July 1st, 2022
“Personal information” is data about you that can identify you, or that could be used along with other information (accessible to us), to identify you. For instance, Personal Information often includes names of a user in combination with other information such as a date of birth or address.
Information Collected by Spooky Pets
We may ask you for your name and postal address, email address, and telephone number information when you participate in the Spooky Pets platform. We may also seek information regarding your date of birth or age, to verify that you are not a minor, because we have a policy against doing business with minors. We will also likely request your wallet numbers with respect to the relevant tokens, such as CRO, Matic, WAX or Ethereum, which are pseudonyms that may be capable of identifying you under certain circumstances. Also, in certain circumstances, we may seek other identifying information from you in order to comply with Anti-Money Laundering, Bank Secrecy Act, or where applicable, internal revenue service reporting requirements.
You are not required to provide us with personal information. But if you decline our request, you may not participate in the Spooky Pets platform or use tokens, and we may not be able to respond to your inputs or queries.
Use of Personal Information
Personal Information may be used:
To transact business with you in connection with the Spooky Pets platform and related transactions and otherwise serve you as a customer;
To assess your interests, preferences and degree of satisfaction with the Spooky Pets platform, tokens and/or related products and services;
To update you on new Spooky Pets products, services, and events;
To improve the Site, or to obtain information to improve our own products, services, procedures, interface, or marketing efforts;
To verify your identity and eligibility sales of products and services;
To improve Spooky Pets products, services, and customer communications through research and data analysis;
To allow us to serve you as a customer;
To ensure compliance with AML/CTF or internal revenue regulations imposed on us or our third-party vendors, particularly with respect to credit card transactions;
To send you notices regarding your purchases and changes to our business policies.
Sharing of Personal Information
We may share your Personal Information with third party service providers who facilitate Spooky Pets, manage and enhance our systems or customer data, provide customer service, assess your interest in our products and services, and conduct customer research or satisfaction surveys. These third parties may process credit card information, and/or provide infrastructure and IT services (including cloud service providers, marketing, advertising and communications agencies, external auditors and advisors, cookie analytics providers, online advertisers and analytics services). These companies have agreed to protect your information as a condition of receiving or processing it.
We may release your Personal Information to others (including law enforcement) if we believe such release is reasonably necessary to comply with the law or legal process; enforce or apply the terms of applicable terms of service or use; detect, prevent, or otherwise address fraud, security or technical issues; or otherwise protect the rights, property or safety of others.
We may share your Personal Information with our dealers, suppliers and partners, who may provide you with SMS, email and other communications and offers for products and services, including offers based on your interests, personal and business characteristics, stated preferences and location. We may also share your personal information with our corporate affiliates to provide or offer services to you.
Protecting Personal Information
We maintain a variety of security measures, including physical, electronic and procedural safeguards. No system can be completely secure, so we do not promise, and you should not expect, that your Personal Information, searches, or other communications will always remain secure.
Access to Personal Information
You can ask us for the Personal Information we possess, so that you can determine if it is inaccurate or if you want it deleted, provided we are not required to retain it by law or for legitimate business purposes.
We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made to [email protected].
Other Information Collected
We automatically gather information when you browse or view our Site. This log data may include your browser type (e.g., Chrome, Safari, Firefox or Internet Explorer), your domain, the Internet Protocol (IP) address assigned to your computer (or the unique device ID of your mobile device, or other unique identifier), the date and time of your visits, the pages on our site you visit and other information related to your visit.
We collect data that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose such non-personal information for any purpose.
If we combine non-personal information with your Personal Information, we will maintain the combined information as Personal Information for as long as it remains combined.
We may collect aggregated information regarding participant activities on our Site, mobile application, and from our other products and services we may offer.
We may collect details of how visitors to the Site use our services.
You may give consent for our Site to capture and record certain precise geolocation or global positioning data from your device in order to tailor information to your location. We may link such location data to other information that you provide to us or that may be accessed in connection with your use of our Site. We will separately notify you and obtain your opt-in consent before collection or use of such geolocation or global positioning data.
Cookies and Similar Technologies
Our cookies generally fall into one of four categories: Essential, Functional, Analytics and Target.
Essential Cookies are necessary to provide you with products and services available through our Website. If you refuse them, it will impact your ability to access some of the Website’s functions and features.
Performance Cookies help us enhance the performance and functionality of our Website, products and service, but are not necessary for your use. Still, certain functions or features may become unavailable if you refuse them.
Analytics Cookies collect information that is used to help us understand the use of our Website, products and services, the effectiveness of our marketing campaigns, or to help us customize our Website to enhance your experience.
Target Cookies record your visit to our Website, the pages you have visited and the links you have followed, so we can recognize you as a prior visitor and track your activity on our Website and others you visit. These Cookies remain on your device for us to use during a next visit to our Website. In contrast to these “persistent” cookies, some cookies (“session cookies”) are deleted when your browsing session has ended.
You may restrict, block or delete the cookies from this Site at any time by changing the configuration of your browser. There are “do not track” or similar browser choices available to internet users with respect to online web activity, but given the present lack of consensus of what constitutes an informed election, appropriate trigger or breadth of scope of such choice, our Site will not operate any differently when a “do not track” signal is received.
Social Networking Sites
Third Party Links
If you are under the age of majority where you live, you must obtain consent from your parent or guardian to use the Spooky Pets Products. Notwithstanding the foregoing, you may not use the services if you are under the age of majority where you live. If we learn that we have collected personal information from anyone under the age of 13, we will endeavor to delete such information as soon as reasonably possible.
Opting Out of Communications
You may opt-out of receiving marketing-related emails by clicking the "unsubscribe" link at the bottom of any email you receive from us or by changing the communication preferences on your online account or profile. If you no longer want to receive promotional text messages from us, please follow the cancellation instructions contained in the last text message. If you are having difficulty unsubscribing from our marketing communications using the above methods, please contact us at [email protected].
If you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your orders, customer service inquiries, promotions participation and other matters.
Privacy Rights of California Residents
For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to you. We must verify your identity with respect to such inquiries. Depending on the nature of the Personal Information at issue, we may require additional measures or information from you as part of that verification.
For California residents under age 18 who have publicly posted content or information, you may request and obtain removal of such content or information pursuant to California Business and Professions Code Section 22581, provided you are a registered user of any Site where this Policy is posted. To make such a request, please send an email with a detailed description of the specific content or information to [email protected]. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that the law may not require or allow removal in all instances, even if requested.
If you are a California resident, you may have the right to request and receive certain information about a company’s disclosure of your personal information to third parties for their own direct marketing use, and your choices with respect to such disclosures.
California Civil Code Section 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] .
EU Resident Privacy Rights
For individuals in the European Economic Area, regulations have been adopted which may entitle you to the following rights: The right to access – You may have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You may have the right to request that Our Company correct any information you believe is inaccurate. You may also have the right to request Our Company to complete the information you believe is incomplete.
The right to erasure – You may have the right to request that Our Company erase your personal data, under certain conditions. The right to restrict processing – You may have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
The right to object to processing – You may have the right to object to Our Company’s processing of your personal data, under certain conditions.
The right to data portability – You may have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you would like to request more information about these rights or are interested in whether to exercise them, please contact us at [email protected].
Changes to our Privacy Statement
We may update this Privacy Statement from time to time, so please check the effective date at the top of this page as the date of last revision. Changes will become immediately effective upon posting on our Site unless otherwise noted. Your use of the Site following these changes indicates your consent to the practices described in the revised Privacy Statement.