Terms of service.
Last modified: January 13, 2022
These Terms of Use (“Terms”) apply to your purchase, sale and display of NFTs (as defined herein). Some purchases of NFTs may include access to special experience opportunities for which additional terms may be provided (“Experience Terms”). To the extent there is a conflict between these Terms and the Experience Terms, these Terms control.
These Terms are entered into between you and McCoyspace, Inc. (“Creator,” “our,” “we,” or “us”). These Terms expressly incorporate any other documents referenced herein (such as our Privacy Policy) and govern your access to and use of this site https://theinside.world (the “Site”), as well as all content, functionality, and services offered on or through the Site, including the NFTs.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY, SINCE IT AFFECTS YOUR RIGHTS. BY USING THE SITE OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION.
Definitions.
“Creator” means Mccoyspace, Inc., a New York corporation with a principal place of business located at 212R Norman Avenue, Brooklyn, NY 11222
“NFT” means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard. The value of each NFT is inherently subjective, in the same way the value of other collectibles is inherently subjective. Each NFT has no inherent or intrinsic value. Site Content and Work may have more than one NFT associated with them, and those NFTs will each have different characteristics.
“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
“Purchased NFT” means an NFT that you Own.
“Site” means the website located at the url https://theinside.world. and the Discord server referenced therein.
“Site Content” means the Work (as defined herein) and any and all logos, designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof located on the Site (as defined herein).
“Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
“User Content” means materials (including without limitation text, images, audio material, video material and audio-visual material and any elements thereof) that you submit to this Site, for whatever purpose.
“Work” means any title; themes; plots; elements; stories and any and all other contents thereof; characters and characterizations therein; all translations, adaptations, sequels, prequels, and all other versions thereof; music, art, design, and drawings; and any other content that may be associated with an NFT that you Own including User Content incorporated therein.
Ownership.
You acknowledge and agree that Creator (or, as applicable, its licensors) owns all legal right, title and interest in and to the Work, and all intellectual property rights therein. The rights that you have in and to the Work are limited to those described in this License. Creator reserves all rights in and to the Work not expressly granted to you in this License.
License.
General Use. 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 Work for your 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 right to own such an NFT; (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 Work for their Purchased NFT; or (iv) to access and use the Site Content.
Commercial Use. Subject to your continued compliance with the terms of this License, Creator grants you a limited, worldwide, non-exclusive, non-transferable license to (i) own or operate a marketplace that permits the use and sale of NFTs generally, provided that the marketplace cryptographically verifies each owner’s rights to own such an NFT; (ii) own or operate a third party website or application that permits the inclusion, involvement, or participation of NFTs generally, provided that the third party website or application cryptographically verifies each NFT owner’s rights to own their Purchased NFTs; or (iii) earn revenue from any of the foregoing (“Commercial Use”).
User Content.
License. By submitting User Content, you grant us and our designees a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content in favor of Creator and any of its designees. You represent that you have obtained all necessary permissions necessary to grant us those rights, including from any person identified in or implicated by your submission (including those shown in photographic content). Creator and its designees have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Site (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Site, any use by you of the Site, any User Content on the Site, or these Terms. You will not continue to post any User Content that Creator has previously advised you not to post.
No Obligation to Publish. We are not obligated to publish, transmit or use your User Content. Creator is not in any manner endorsing any User Content that it may publish or post on the Site and cannot, and will not, vouch for its reliability.
Waiver of Liability. Creator is not responsible for any User Content and has no duty to monitor User Content. You use any information contained in User Content at your own risk.
Restrictions.
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:
modify the Work for your Purchased NFT in any way, including, without limitation, the story elements, mise en scene, plot, theme, characters, story elements, narratives, music, shapes, designs, drawings, attributes, or color schemes (your use of Extensions will not constitute a prohibited modification hereunder);
use the Work for your Purchased NFTs to advertise, market, or sell any third-party product or service;
use the Work 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;
use the Work for your Purchased NFTs in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section 3(b) above or solely for your own personal, non-commercial use;
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 Work for your Purchased NFTs, except as expressly permitted in Section 3(b) above;
attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Work for your Purchased NFTs; or
otherwise utilize the Work for your Purchased NFTs for your or any third party’s commercial benefit.
To the extent that Work 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: (w) that you will not have the right to use such Third Party IP in any way except as incorporated in the Work, and subject to the license and restrictions contained herein; (x) that the Commercial Use license in Section 3(b) above will not apply; (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 Work; 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 restriction in Section 4 will survive the expiration or termination of this License.
Reservation of Rights. Except as expressly set forth herein, your use of the Site does not grant you ownership of or any other rights with respect to any content, code, data, or other Site Content that you may access on or through the Site. We reserve all rights in and to the Site Content that are not expressly granted to you in these Terms.
Representations and Warranties. Without limiting the foregoing, you warrant and agree that your use of the Site will not (and will not allow any third party to) in any manner:
involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
involve the uploading, posting, transmitting or otherwise making available through the Site any content that infringes the intellectual proprietary rights of any party;
involve using the App to violate the legal rights (such as rights of privacy and publicity) of others;
involve engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering);
involve interfering with other users’ enjoyment of the Site;
involve exploiting the Site for any unauthorized commercial purpose;
involve modifying, adapting, translating, or reverse engineering any portion of the Site;
involve removing any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it;
involve reformatting or framing any portion of the App;
involve displaying any content on the Site that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights;
involve using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or the content posted on the Site, or to collect information about its users for any unauthorized purpose;
involve accessing or using the Site for the purpose of creating a product or service that is competitive with any of our products or services;
involve abusing, harassing, or threatening another user of the Site or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (including, without limitation, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by a our employees or otherwise);
involve using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the App or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers;
involve creating user accounts by automated means or under false or fraudulent pretenses;
involve the impersonation of another person (via the use of an email address or otherwise);
involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”);
involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Site;
involve acquiring NFT(s) through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a NFT(s) and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the NFT(s) or selling, gifting or trading the NFT(s) to someone else);
involve the purchasing, selling or facilitating the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the Site;
engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the Commodities Exchange Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Bank Secrecy Act, U.S. Copyright Act, the Lanham Act, the Patent Act, the Defend Trade Secrets Act, antitrust laws, consumer protection laws, “blue sky” laws, or that involves proceeds of any unlawful activity; or
otherwise involve or result in the wrongful seizure or receipt of any NFT(s) or other digital assets.
Terms of License.
Expiration or Termination of License. The license granted in Section 3 above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 3 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Work for those NFTs.
Commercial Terms. If you exceed the scope of the Commercial License set forth in Section 3.b above, you will be in breach of this License, and must send an email to Creator at info@mccoyspace.com within fifteen (15) days, with the phrase “NFT License - Commercial Use” in the subject line, requesting a discussion with Creator regarding entering into a broader license agreement or obtaining an exemption (which may be granted or withheld in Creator’s sole and absolute discretion). If you exceed the scope of the license grant in Section 3.b without entering into a broader license agreement with or obtaining an exemption from Creator, you acknowledge and agree that: (i) you are in breach of this License; (ii) in addition to any remedies that may be available to Creator at law or in equity, the Creator may immediately terminate this License, without the requirement of notice; and (iii) you will be responsible to reimburse Creator for any costs and expenses incurred by Creator during the course of enforcing the terms of this License against you.
Taxes. You are solely responsible for determining any applicable withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that may apply to transactions on this Site or on third-party websites, applications, or marketplaces relating to the Work. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, amounts due on this Site are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”). This means that Sales Taxes become your sole responsibility. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.
Payment. Any payments or financial transactions that you engage in via the Site will be conducted solely through transactions on the Ethereum blockchain. Creator has no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. Creator has no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you attempt or engage in via the Site, or any other payment or transactions that you conduct via the Ethereum blockchain. You shall be solely responsible for any additional fees charged by transmitting a transaction on the Ethereum blockchain when applicable. Creator does not provide refunds for any purchases that you might make on or through the Site.
Resale Royalty. Creator will collect a royalty upon any resale of the NFT of 5% of the price at the time of sale.
DISCLAIMERS AND LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE CREATOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, SITE CONTENT, THE WORK, PURCHASED NFT(S), ANY WEBSITES LINKED TO THE STIE, OR CONTENT ON SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
CREATOR MAKES NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
CREATOR WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. CREATOR DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE CREATOR ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY NFT(S) LISTED ON THE SITE OR CREATOR’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATOR CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD CREATOR RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO CREATOR’S GROSS NEGLIGENCE.
CREATOR 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 NFT(S) 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) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR PURCHASED NFT(S).
NFT(S) ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM OR SUBSTANTIALLY SIMILAR NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM OR SUBSTANTIALLY SIMILAR PLATFORM. CREATOR DOES NOT GUARANTEE THAT IT OR ANY RELATED PARTY TO IT CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFT .
Creator is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the NFT(s). Creator is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting NFT(s) including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Creator, and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Creator Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Site Content, or NFT(s), (c) your violation of these Terms, (c) your violation of the rights of a third party, including another user and (e) your failure to pay any Taxes or Sales Taxes in connection with your transactions on this Site or to provide us with a properly executed tax form described in Section 8. You agree to promptly notify us of any third-party Claims and cooperate with the Creator Parties in defending such Claims. You further agree that the Creator Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND CREATOR.
Privacy Policy. You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy elsewhere on the Site, which is incorporated into these Terms.
Risk Disclosures.
Value and Volatility. The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFT(s), which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any NFT purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the Site may materially impact the value and desirability of any particular NFT.
Use of Blockchain. The Site does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the NFT’s supporting blockchain. Any transfer of NFTs occurs within the supporting blockchain and not on the Site.
Inherent Risks with Internet Currency. There are risks associated with using an Internet-based currency, 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 electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when entering transactions on the Site or with NFTs.
Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the NFTs on the Site and on any third-party websites, applications or marketplaces, and therefore the potential utility or value of your NFTs. NFTs may implicate other regulations and laws relating to securities, commodities, anti-money laundering, foreign assets, virtual currencies, digital currencies, and the export or import of goods and services.
Software Risks. Changes to the Site or in how transactions are confirmed on the Site or on third-party websites, applications or marketplaces may have unintended, adverse effects on all blockchains using the NFTs offered on the Site.
Force Majeure
Force Majeure Events. Creator will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labour stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control.
Performance During Force Majeure Events. If Creator suffers a Force Majeure Event, Creator will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. Creator will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Creator will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that Creator’s failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by Creator under this Section, Creator may thereafter terminate these Terms upon fifteen (15) days' written notice.
Changes To The Site. You acknowledge and agree that the form and nature of the Site, any part of it, and the Site Content may change from time to time without prior notice to you, and that we may add new features and change any part of the Site at any time without notice.
Children. You affirm that you are over the age of 18. The Site is not intended for children under 18. If you are under the age of 18, you may not use the Site. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Site.
DISPUTE RESOLUTION; BINDING ARBITRATION. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Binding Arbitration. All disputes arising out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration. The arbitration will be conducted by JAMS. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Either party may choose to have the arbitration conducted by telephone or video conference or based on written submissions or may request to meet in-person for arbitration in New York City, New York. You agree that any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 15.
Arbitration Fees. Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you.
Opt-Out. You have the right to opt out of the provisions of this Section 15 by sending written notice of your decision to opt out to the following address McCoyspace, Inc., 212R Norman Avenue, Brooklyn, NY 11222 Attention: Legal within 30 days after first becoming subject to this Arbitration Agreement. You may also submit your decision to info@mccoyspace.com. Your notice must include your name and address, the cryptocurrency wallet address you used to transact on this Site (if you have one), and an unequivocal statement that you want to opt out of this Section 15. If you opt out of this Section 15, all other parts of this Agreement will continue to apply to you. Opting out of this Section has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Award Enforcement. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
Our Equitable Remedies. Notwithstanding the foregoing, Creator may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by us through injunctive relief and other equitable remedies with or without proof of monetary damages.
General.
Entire Agreement. These Terms constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Site, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the App, whether oral or written.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you
Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of New York and the federal laws of the United States applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Venue. Subject to the arbitration provisions of these Terms, any legal action or proceeding arising under these Terms will be brought exclusively in the state and federal courts located in New York County, New York and we and you irrevocably consent to the exclusive personal jurisdiction and venue there.
Notices. We may provide you with any notices (including, without limitation those regarding changes to these Terms) by email or postings on the Site. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion.