INDIES
Please read these Terms of Use and our Privacy Policy carefully because they govern your use of the website located at www.Indiesnft.com and the content and functionalities accessible via the Site (collectively, the “Site”) offered by Straight-circle studios and IndiTEXT LLP.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND STRAIGHT-CIRCLE STUDIOS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTIONS WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTIONS (GOVERNING LAW AND FORUM CHOICE) WILL STILL APPLY.
· (a) Use, display, mirror, or frame in any way the Site or any individual element within the Site, Straight-circle studios’ name, any Straight-circle studios trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Straight-circle studios’ express written consent;
· (b) Access, tamper with, or use in any way non-public areas of the Site, Straight-circle studios’ computer systems, or the technical delivery systems of Straight-circle studios’ providers;
· © Attempt to or actually probe, scan, or test in any way the vulnerability of (or lack of vulnerability of) any system or network (collectively, “Systems”), or breach any security or authentication measures, available or accessible through, or related to, the Site;
· (d) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent, in any way, any measure implemented by Straight-circle Studios or any of Straight-circle studios’ providers or any other third party (including another user) to protect the Site or any element thereof of any;
· (e) Attempt to or actually access or search the Site, or download content (or any element thereof) from the Site, using any engine, software, tool, agent, device, or other mechanism (including spiders, robots, crawlers, data mining tools or the like) or modality other than the software and/or search agents expressly provided by Straight-circle studios or other generally available third-party web browsers;
· (f) Access or use the Site, or any portion or element thereof, for any commercial purpose or for the benefit of any third party, or in any other manner not permitted by these Terms;
· (g) Attempt to or actually decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, or any element thereof, or any of the Systems;
· (h) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or any Systems;
· (i) Impersonate or misrepresent your affiliation with any person or entity, including but not limited to Straight-circle studios or any representative or agent thereof;
· (j) Violate any applicable law or regulation; or
· (k) Directly or indirectly encourage or enable any other individual to do any of the foregoing.
Straight-circle studios is not obligated to monitor access to or use of the Site or to review or edit any Site content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site (or any element or content therein or thereof), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate actual and suspected violations of these Terms and other conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
· (a) THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Site. Any reliance you place on such information or content is strictly at your own risk.
· (b) To the extent the Site enables you to interact with any blockchain protocol (each, a “Protocol”), you understand that your use of any such Protocol is entirely at your own risk. Any such Protocol is available on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. You assume all risks associated with using any Protocol, and digital assets and decentralized systems generally, including but not limited to, that digital assets are highly volatile; you may not have ready access to assets; and you may lose some or all of your tokens or other assets. You agree that you will have no recourse against Straight-circle studios for any losses due to your use of any Protocol. For example, these losses may arise from or relate to: (i) lost funds; (ii) server failure or data loss; (iii) corrupted cryptocurrency wallet files; (iv) unauthorized access; (v) errors, mistakes, or inaccuracies; or (vi) third-party activities.
· (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER STRAIGHT-CIRCLE STUDIOS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STRAIGHT-CIRCLE STUDIOS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
· (b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STRAIGHT-CIRCLE STUDIOS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED ONE HUNDRED US DOLLARS ($100).
· ©BY USING THE SITE, YOU ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STRAIGHT-CIRCLE STUDIOS AND YOU.
· (a) Informal Dispute Resolution. You and Straight-circle studios must first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site (collectively, “Disputes”) informally. Accordingly, neither you nor Straight-circle studios may start a formal arbitration proceeding for at least sixty (60) days after one party notifies the other party of a claim in writing. As part of this informal resolution process, you must deliver a written notice of any Dispute via first-class mail to us at Straight-circle studios, varanasi. or [email protected]
· (b) Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Straight-circle studios agree that the INDIAN GOVERNMENT. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Straight-circle studios are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
· © Exceptions. As limited exceptions to Sections (b) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
· Any arbitration hearings will take place in the county (or parish) where you live, with provision to be made for remote appearances to the maximum extent permitted by the government Rules, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
· (e) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the Government Rules, and we will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute is frivolous. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
· (f) Injunctive and Declaratory Relief. Except as provided in Section 14(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or 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. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
· (g) Class Action Waiver. YOU AND STRAIGHT-CIRCLE studios AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
· (h) Severability. With the exception of any of the provisions in Section 14(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
· (a) Reservation of Rights. Straight-circle studios and its licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the Indian government States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.
· (b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Straight-circle studios and you regarding use of the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Straight-circle studios and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Straight-circle studios’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null and void in its entirety. Straight-circle studios may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and any permitted assigns.
· © Notices. Any notices or other communications provided by Straight-circle studios under these Terms will be given by posting to the Site.
· (d) Waiver of Rights. Straight-circle studios’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Straight-circle studios. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
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