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Terms of Use

Genevieve Thiers
Updated

Last Updated: September 6, 2023

Please read these Terms of Service (the “Terms”) carefully. This is an agreement between you (herein “User,” “you,” or words of similar meaning) and Entertainmint, Inc., a Delaware corporation ("Entertainmint”, our or words of similar meaning) a Delaware corporation (you and Entertainmint shall each be a “Party” hereto and collectively the “Parties”). These Terms govern your use of the Entertainmint website located at https://Entertainmint.com (the “Site”), and all related tools, smart TV apps, mobile applications (“App”), web applications, decentralized applications, smart contracts, blockchain access, distribution, production services, marketing services, APIs, and/or other platforms, applications, or services offered by or associated with Entertainmint (collectively, the “Entertainmint Platform”). To make these Terms easier to read, the Site, our services, App, and Entertainmint Platform are collectively called the “Services.”

By continuing to browse, access, and use our Services, you acknowledge that you have read, fully understand and accept the terms and conditions set out herein. If you do not accept or understand any of the terms and conditions set forth herein, you must cease to access and use our services immediately. You understand that, as a part of the Services, Entertainmint may require that you read, acknowledge, and accept additional terms or documents (including, but not limited to, the Creator Terms (as such term is defined below) and all related documents), and by doing so, you shall make yourself a party to such documents and agree to be bound by the terms contained therein.

If you choose to accept these Terms, you must do so as they are presented to you – no changes will be accepted by us. If any future changes are unacceptable to you, you should discontinue using the Services. Your continued use of the Services now, or following the posting and reasonable notice of any such changes, will indicate your acceptance of these Terms, and of any such subsequent changes.

WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ENTERTAINMINT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU ARE WAIVING YOUR RIGHTS TO A CLASS ACTION AND A JURY TRIAL. PLEASE REVIEW CAREFULLY SECTION 19 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION.

TICKETS, TOKENS AND NONFUNGIBLE TOKENS (“NFTs”) PURCHASED ON THE ENTERTAINMINT PLATFORM ARE NON-RETURNABLE AND ALL SALES ARE FINAL.

Entertainmint is not a wallet provider, exchange, broker, financial institution, or creditor. Entertainmint solely provides a web service that helps Users discover and interact with each other wherein some Users create content and may post Tickets, Tokens and NFTs or discovery Tickets, Tokens and NFTs posted by other Users. We do not have custody or control over any Tickets, Tokens and NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of Tickets, Tokens and NFTs.  To use our Services, you must use a third-party wallet which allows you to engage in transactions on blockchains.

Entertainmint is not a party to any agreement between any Users. You bear full responsibility for verifying the identity, legitimacy, functionality, or authenticity of any User or Tickets, Tokens and NFTs (and any content or utility associated with any Tickets, Tokens and NFTs) visible on the Service.

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. Notwithstanding the foregoing, the laws of some jurisdictions may limit or not permit certain provisions of this agreement, such as indemnification, the exclusion of certain warranties, or the limitation of liability. In such a case, such provisions will apply only to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, nonetheless, User expressly and irrevocably agrees to be bound by the laws of the State of Illinois, United States of America as if this Agreement was wholly executed within said state and submits to the jurisdiction in the State of Illinois, United States of America and venue in any state or federal court in the County of DuPage for such purposes, and User waives any and all rights to contest said choice of law, jurisdiction and venue and the convenience of any such forum, and any and all rights to remove such action from state to federal court. User further waives any rights to commence any action against Entertainmint in any jurisdiction except in the County of DuPage and State of Illinois. Nothing contained herein shall affect the right of Entertainmint to serve legal process in any manner permitted by law or affect the right of Entertainmint to bring any action or proceeding against User or its property in the courts of any other jurisdiction. User waives, to the extent permitted by law, any bond or surety or security upon such bond which might, but for this waiver, be required of Entertainmint. User further waives the right to bring any non-compulsory counterclaims.
  2. Additional Terms and Policies. Your use of the Services is subject to additional terms and policies as may be posted on the Services from time to time and that will include the following:
    • Privacy Policy. Please review our Privacy Policy located on the footer of our site which also governs your use of the Services. By submitting personal data through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
    • Certain Risks. Use of the Services, including the trading of Tickets, Tokens and NFTs, may carry significant risks. Some, but not all, of these risks are discussed herein. Nonetheless, as a material part of consideration for Entertainmint allowing User to use platform, User assumes all risks and liability for any results or damages resulting from the use of the Entertainmint Platform.
    • Creator Terms and Purchaser Terms. If you are a Creator or a Purchaser (as each is defined below), in addition to the general terms of service contained herein you will also be subject to the Creator Terms (as defined below) or Purchaser Terms, as applicable and agree to be bound by them.
    • Entertainmint Programs. Your participation in certain Entertainmint programs (e.g., promotions, contests, etc.) will be subject to additional terms and conditions specific to such programs.
  3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App, and/or through other means of communication. It is important that you review the Terms whenever we update them or you use the Services, as they govern your use of the Services. If you continue to use the Services after we have updated the Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  4. Who May Use the Services? The Services are only available to Users in certain jurisdictions who can use the Services as permitted under applicable law. The Services are not authorized for use in certain other jurisdictions that are subject to a U.S. Government embargo, designated by the U.S. Government as a terrorist-supporting country, listed by the U.S. Government as a prohibited or restricted party, or otherwise have U.S. Government or certain international economic sanctions applied. Without limitation, you must be at least 18 years of age to use the Services. You may not attempt to access or use the Services if you are not permitted to do so. By using the Services, User hereby warrants and represents that User is of the legal age to enter this Agreement, is not under any mental duress and is fully competent to enter this Agreement.
    • Account Creation. For certain features of the Services, you’ll need an account. To register an account, you must first successfully complete the sign-up process. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account.

To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are entirely responsible for maintaining the security and confidentiality of your account and password. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by us or another party due to someone else using your account or password.

You are only allowed to create one account and you agree you won’t share your account with anyone. You also agree that you will not: (i) create another account if we’ve disabled one you previously established, unless you have our prior written consent; (ii) buy, sell, rent or lease access to your account or username, unless you have our prior written consent; (iii) share your account password with anyone; or (iv) log in or try to log in to access the Service through unauthorized third party applications or clients.

  • Additional Information. Entertainmint may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism.

Entertainmint may also require you to provide additional information and documents in cases where it has reasons to believe that: (i) your account is being used for money laundering or for any other illegal or unauthorized activity; (ii) you have concealed or reported false identification information and other details; or (iii) transactions effected via your account were effected in breach of these Terms. In each such case, Entertainmint, in its sole discretion, may disable (or terminate) your account until such additional information and documents are reviewed by Entertainmint and are accepted as satisfying the requirements of applicable law.

If you do not provide complete and accurate information and documents in response to such a request, Entertainmint may refuse to provide the Services to you. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law. You are solely responsible for maintaining all relevant Tax (as defined below) records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services.

  • Right to Block Access. We reserve the right, at any time, in our sole discretion, to block access to the Services from certain Users, IP addresses and unique device identifiers.
  • Equipment and Software. You must provide all equipment, connectivity, and software necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
  • Digital Asset Rewards. You may receive Tickets, Tokens and NFTs or other digital assets in connection with your use of the Services. In order to receive digital asset rewards, you must first connect a third-party digital asset wallet or sign up for a custodial solution provided by Entertainmint. Such digital assets may be subject to additional terms and conditions, which you will be deemed to accept upon your application for and/or receipt of such digital assets.
  • About the Services.
  • Parties. Our Services also facilitate the ability of certain Users (any User posting, presenting, promoting, publishing and/or otherwise disseminating content and/or creating Tickets, Tokens and NFTs (as defined below)  (“Creators”) to sell certain Tickets, Tokens and NFTs to third party entities or persons (“Purchasers”). Entertainmint is not a party to any transaction between any Users, including any truncations between Creators and Purchaser(s). Entertainmint does not control or qualify content provided by Creators, nor does Entertainmint assume any responsibility for the accuracy or reliability of any information provided by Creators. Users assume all responsibility and risk for any transaction they enter into with any other User. Users expressly agree, as material consideration for use of Entertainmint Platform, to look solely to the Creator for any and all damages which may result from any interaction or transaction with any Creator, if the User is a Purchaser and User agrees to look solely to the Purchaser for any and all damages which may result from any interaction or transaction with any Purchaser, if the User is a Creator.
  • Our Role. You acknowledge and agree that the Tickets, Tokens and NFTs and any associated payments, if any, shall be programmed to enable you to take certain actions to claim payments and/or be self-executing via a governing blockchain’s (e.g., Polygon, Ethereum, NEAR, Theta, Solana) smart contract system and/or nonfungible token standard and Entertainmint has no control or ability to modify such payments, nor an obligation to collect or distribute such payments to Creators or Purchasers.
  • Our Relationship. ENTERTAINMINT IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICE IS AN ADMINISTRATIVE PLATFORM ONLY. ENTERTAINMINT FACILITATES ABILITY OF CREATORS TO PRESENT CONTENT TO USERS BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN ANY USERS, INCLUDING BUT NOT LIMTIED TO ANY AGREEMENTS BETWEEN CREATOR(s) AND PURCHASER(s) OF TICKETS, TOKENS AND NFTS.
  • Term of Relationship.
    • These Terms will apply to Users for as long as they continue to use the Site in compliance with these Terms and any additional terms that apply to their use of the Entertainmint Platform (the “Term”).
  • Creator Terms.
  • Additional Obligations. By creating an account and minting Tickets, Tokens and NFTs, you will agree to be bound by additional terms as set forth in the Creator Terms and Conditions and a Sales Representative Agreement between you and Entertainmint (collectively, the “Creator Terms”) Entertainmint charges a base fee of 25% of gross revenues subject to any agreements entered into in accord the the Sales Representative Agreement in addition to any sub-sales representative costs or fees.
  • Entertainmint  Tickets, Tokens and NFTs Service Fee. We may require payment of a fee for use of certain features of the Services (“Tickets, Tokens and NFT Fee”). We reserve the right to make changes to this fee at any time, and any increase in fees will be communication at least 14 days before it comes out. Entertainment retains 10% of all Tickets, Tokens and NFTs total revenue and 2.5% of all NFT resales. Entertainmint retains 15% of all pay per view or video on demand payments made on the platform to view content.
    • Creators are required to pay for all the minting fees to promote Tickets, Tokens and NFTs on the Entertainmint site. Entertainmint does not retrain or “upmark” any of these amounts, as Entertainmint exists to aid the creator in funding their show.
  • Entertainmint Sales Representation Terms. Any content created by any Creator through the use of the Entertainmint Platform and/or the minting of any Entertainmint Show Token must remain exclusively on the Entertainmint Platform for a period of ONE (1) years except that Entertainmint may waive this restriction in its sole discretion and shall remain on Entertainmint Platform on a non-exclusive basis for a period of TWENTY (20) years thereafter.  Any said waiver must be in writing. Additionally, as material consideration for using the Entertainmint Platform to successfully raise funds for a given project, Creator agrees to enter into the Entertainmint Sales Representative Agreement (hereinafter “Sales Agreement”) wherein Entertainmint shall be the sole and exclusive sales representative for content throughout the Universe and Metaverse for the term of the agreement as set forth in Sales Agreement. Said agreement grants Entertainmint the right to exploit and market content in all mediums as more detailed in said Sales Agreement. Creator hereby irrevocably agrees that said Sales Agreement shall be effective and deemed fully executed by Creator, subject to Entertainmint’s written approval and acceptance, as of the day of Creator accepts these Terms of Service and that Creator will be bound by all terms contained therein Sales Agreement.  In the event of a conflict between the Sales Agreement and the Terms of Service, Entertainmint shall have the exclusive right, in its sole discretion, to choose which agreement shall govern each respective conflict.
  • Warranties Regarding Content.  You represent and warrant that (a) You are the owner, licensor, or authorized user of all Content; and (b) You will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (i) advocates, promotes, incites, instructs, assists or otherwise encourages hatred, violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service marks, trade name, trade secret, or other intellectual property rights of any third party or Entertainmint, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, hateful, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or property of another; or (vii) willfully violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
  • Warranties Regarding Indemnity.  Creator agrees to defend, indemnify and hold harmless Entertainmint, its parent company, and their affiliates, subsidiaries, personnel and representatives, jointly and severally, from and against any and all third party claims for damages, losses, liability, causes of action, judgments, costs or expenses (including reasonable legal fees) directly or indirectly arising from its or any Users’ use or access to the Services, including, but not limited to, any unauthorized use of intellectual property, any alleged breach of contract with any User and any violation of any law.  Entertainmint will have the right, at its sole option, to participate in the settlement or defense of the claim, with its own counsel and at Creator’s sole expense. 
  • Warranties Regarding Interactions with Users.  Creator expressly acknowledges that Creator may from time to time enter into agreements with Users and Purchasers which were facilitated via the Entertainmint Platform. Creator agrees to be bound by such agreements and agrees to take all actions necessary to discharge any obligations created by such agreements.
  • Purchaser Terms. 
  • Creator Token Fee. Each Creator may require a fee to purchase one of its Tickets, Tokens and NFTs (“Creator Token Fee”). As a Purchaser, you are responsible for paying the Creator Token Fee directly to the Creator pursuant to any additional terms provided by such Creator in the Purchase Terms (defined below) on the Show Mint page.
  • Credit Card Transactions.
    • Payment Information. You may purchase Tickets, Tokens and NFTs using a credit card or debit card, as required. You expressly authorize us (and any payment processor) to charge your payment card for all purchases you make. For credit card payments, we charge your credit card when your purchase Tickets, Tokens and NFTs. If you use a credit card to purchase a Tickets, Tokens and NFTs you may need to claim any streaming Entertainmint fees associated with your Tickets, Tokens and NFTs by following instructions set forth on the Site from time to time. The bank issuing your credit or card may control when to release funds in the case of an order cancellation or refund. We may ask you to supply additional information relevant to your transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). We reserve the right to use the Payment Information you provide us in connection with any payments to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon:
      • you providing complete personal, account, transaction and any other information needed,
      • authorization of the payment by your credit or debit card company, and
      • acceptance of your payment.
    • Payment and Refund Processing. Payments and refunds facilitated by the Services may be processed by a third-party payment processor (“Payment Processor”). You may be required to create an account with such Payment Processor, and by doing so, you are agreeing to comply with the Payment Processor’s terms of service. You may need to provide additional information to verify your identity, business and tax information and your bank information when you register with the Payment Processor. If, and to the extent, we accept, hold or transmit funds in connection with your purchase, you agree that we do so, on your behalf, as your limited agent and you hereby appoint Entertainmint as your limited agent solely for the purpose of accepting payments from, and refunding payments to, Service Recipients on your behalf. In accepting appointment as your limited agent, we assume no liability for any of your acts, omissions or liabilities.
    • Chargebacks and Payment Holdback. We reserve the right to offset future payments, including any streaming Entertainmint fees, to you (“Payment Holdbacks”) in certain cases including without limitation: (i) where your Entertainmint Account is subject to excessive chargebacks resulting in additional costs or fees from the Payment Processor; (ii) where the Payment Processor withholds a percentage of a payment as a reserve, for example, as a result of actual or suspected fraudulent activity; or (iii) in certain cases where we decide, in our sole discretion, that it is prudent or necessary to reverse a transaction. We further reserve the right to implement Payment Holdbacks to you if payments are deemed suspicious or fraudulent, at our sole discretion. We will notify you that you are subject to a Payment Holdback and we may require that you provide supporting documentation or information related to the relevant payment(s) and corresponding purchase(s). If you do not provide such supporting evidence within the requested timeframe, we reserve the right to refund the payment and transfer any available funds from your wallet to your identified bank account or otherwise take any action we feel is reasonably necessary to comply with our compliance standards, including those imposed by any relevant financial institution, our Payment Processor, or the credit card network rules, as well as any applicable law.
    • Failure to Process Payments, Refunds or Chargebacks. You are solely responsible for the information you provide in connection with payments and refunds processed via the Services. If you purchase Tickets, Tokens and NFTs using a credit card, you are responsible for ensuring the bank issuing your credit card releases the funds. You remain solely liable for the price of the Tickets, Tokens and NFTs if you cancel or otherwise dispute the credit card transaction after purchasing the Tickets, Tokens and NFTs. We will not be liable for failure to complete any payment or refund from or to your Entertainmint Account if you provide inaccurate or incomplete information regarding the payment or refund or for any fraudulent behavior conducted by you on the Entertainmint Platform. Subject to applicable law, we reserve the right to send any delinquent, past due, or any other Entertainmint Account that is in default to collections agencies to recover such past due amount.
    • Purchasers are entirely responsible for the validity of their purchases. Entertainmint is in no way responsible or liable for any fraud or misrepresentation on behalf of the Artist. Entertainmint expressly disclaims any liability for the actions, including fraud, on the part of the third-party sellers on the Entertainmint Platform. We have no insight or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct.
  • Warranties Regarding Indemnity.  Purchaser agrees to defend, indemnify and hold harmless Entertainmint, its parent company, and their affiliates, subsidiaries, personnel and representatives, jointly and severally, from and against any and all third party claims for damages, losses, liability, causes of action, judgments, costs or expenses (including reasonable legal fees) directly or indirectly arising from its or any Users’ use or access to the Services, including, but not limited to, any unauthorized use of intellectual property, any alleged breach of contract with any User and any violation of any law.  Entertainmint will have the right, at its sole option, to participate in the settlement or defense of the claim, with its own counsel and at Creator’s sole expense. 
  • Warranties Regarding Interactions with Users.  Purchaser expressly acknowledges that Purchaser may from time to time enter into agreements with Users and Creators which were facilitated via the Entertainmint Platform. Purchaser agrees to be bound by such agreements and agrees to take all actions necessary to discharge any obligations created by such agreements.
  • Certain components of the Services are provided by Stripe, Inc. (https://stripe.com/) and are subject to separate terms and conditions set forth by that company on their website. You hereby agree to those terms and conditions before accessing or using Services as if said terms and conditions where fully stated herein, and you must comply with such terms and conditions. Entertainmint reserves the right to modify, remove or replace and third party products or components from time to time in its sole discretion.
  • Prohibited Activities.
  • Compliance with Law. Users agree not to use Entertainmint Platform for any illegal purpose, and you agree to comply will all applicable laws, rules, and regulations governing your account and Entertainmint Platform. You specifically agree that you will not use your account to conduct transactions relating to unlawful Internet gambling, the sales or purchase of securities (as defined under the laws of the United States) or any other illegal activity. If we suspect that you are using your account for any illegal purposes, you agree that we may take any action we deem appropriate in our sole discretion including but not limited to closing the account, placing a hold on the funds in your account, refusing to accept content, or dishonoring demands presented for payment. You agree that you will not claim that we wrongfully dishonored any demand if said demand was dishonored under the terms of this provision.
  • Illegal Content. Assets, listings, smart contracts, collections, and User Content that include metadata, or which have a primary or substantial purpose in a game or application, that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on Entertainmint and will be removed. 
  • Content Used for Unlawful Purposes. Assets, listings, smart contracts, collections, and User Content created or used primarily or substantially for the purpose of raising funds for known terrorist organizations listed on https://www.state.gov/foreign-terrorist-organizations/ are prohibited on Entertainmint and will be removed.
  • Stolen Content. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on Entertainmint is prohibited. If you have reason to believe that an asset listed on Entertainmint was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your Account being suspended.
  • General Prohibitions. You agree not to do any of the following: Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii)is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; Use, display, mirror or frame the Services or any individual element within the Services, Entertainmint’s name, any Entertainmint trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Entertainmint’s express written consent; Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Entertainmint or other generally available third-party web browsers; Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.
  • Regulatory and Compliance Suspensions or Terminations. We may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not be constituted a breach of these Terms by Entertainmint. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
  • General Enforcement Rights. Unlawful Content. Assets, listings, smart contracts, collections, and content (including User Content) that Entertainmint deems inappropriate, disruptive, or illegal are prohibited on Entertainmint. Entertainmint reserves the rights to determine the appropriateness of any content and listings on its site and remove any such content or listings at any time. If you create or offer an asset, listing, smart contract, collection, or User Content in violation of these policies, we will take corrective actions, as appropriate, including but not limited to removing the asset, listing, smart contract, collection, or User Content, deleting your Entertainmint Account, and permanently withholding any applicable referral payments or developer revenue sharing fees that you may be eligible for. Entertainmint cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers.
  • Reporting Content. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this Section, please contact us at support@Entertainmint.com to report it. User Content creators bear special responsibility for informing Entertainmint of the existence of their collections, contracts, and assets that violate these terms.
  • No Obligation. Entertainmint is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, 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 any content, including User Content, 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 violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  • Copyright Policy. Entertainmint respects copyright law and expects its Users to do the same. It is Entertainmint’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. It is not our intent to infringe on anyone’s intellectual property rights, and we will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).
  • If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice (“DMCA Notice”) with the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyright work that you claim has been infringed;
    • A description of where the infringing material is located on the Services;
    • Your address, telephone number, and email address;
    • A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • We may notify you if we receive a DMCA Notice about User Content that you submit. If you receive a notification that you are allegedly infringing on another’s copyright, you may file a counter-notice. We will review all DMCA Notices and counter-notices in an objective manner. If we determine that the DMCA Notice is valid, we may remove the infringing content. If we determine your counter-notice to be valid, we will remove the complaint and take no further action regarding your account.
  • You can reach us directly by emailing us at support. @ Entertainmint.com with the subject “Copyright Infringement.” We may request additional information before removing any allegedly infringing material.
  • Please note that if you knowingly and/or materially misrepresent any of the above information (in a DMCA Notice or counter-notice), you may be responsible for damages, including the costs involved in investigating and responding to your claim and any legal costs and fees that may arise from your misrepresentation. If you continue to file fraudulent or inaccurate DMCA Notices or counter-notices, we reserve the right to contact law enforcement and terminate your account.
  • Costs and Taxes. You are solely responsible for all costs incurred by you in using the Services and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
  • NFTs.[MV1] 
  • NFT Terms. Any NFT that you purchase is governed entirely by the smart contract and the blockchain network governing such NFT. NFTs may be subject to additional terms directly between Creators and Purchasers, namely: (i) in any associated smart contract or (ii) as Purchasers and Creators/sellers may agree otherwise (e.g., with respect to terms or benefits associated with a given NFT)((i) and (ii), collectively, “Purchase Terms”). Entertainmint is not a party to any Purchase Terms, which are solely between the Creator and the Patron/Purchaser. The Creator and Purchaser are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms.

 

 

  • Restrictions on NFTs Transfers. If you elect to sell, purchase, or trade any NFTs, any financial transactions that you engage in will be conducted solely through the blockchain network governing such NFT and you will be required to make or receive payments exclusively through the cryptocurrency wallet you have connected to your account. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Service.

 

  • Fees. By buying or selling an NFT via the Entertainmint Platform, you agree to pay all applicable fees and you authorize Entertainmint to automatically deduct fees (including any transaction fees, or “Gas Fees”, as applicable) and payment processing fees, including credit card transaction fees, directly from your payment. Gas fees fund the network of computers that run decentralized blockchain networks, meaning that you will need to pay a Gas Fee for each transaction that occurs via a blockchain network. 
  • Not an offering of Securities. Sales of Tickets, Tokens and NFTs presented on the Entertainmint Platform are not intended to be an offering or sale of securities, swaps on either securities or commodities or a financial instrument of any kind as may be determined by any law, rule, or regulation. Purchases and sales of Tickets, Tokens and NFTs may not be subject to the protections of any laws governing those types of financial instruments. This document and all other content, do not constitute a prospectus or offering document, and are not an offer to sell.
  • No Advice. Entertainmint does not give any advice or recommendation regarding Tokens, including, but not limited to, the suitability and/or appropriateness of, and investment strategies for, the purchase of Tickets, Tokens and NFTs. Users are solely responsible for determining the nature, potential value, suitability, and appropriateness of its involvement with the sales of the Tickets, Tokens and NFTs for any purpose. Tickets, Tokens and NFTs are not designed for investment purposes and Entertainmint does not give any advice or recommendation that the Tickets, Tokens and NFTs are to be considered as a type of financial investment by any law, rule, or regulation. With respect the sale of the Tickets, Tokens and NFTs, Users acknowledge and agree that it is not expecting to profit from the Tickets, Tokens and NFTs based on any efforts by Entertainmint or its affiliates. The purchase of a Tokens is a non-reversible and non-refundable event. Entertainmint shall have no obligation or liability for the secure custody or use of the Tickets, Tokens and NFTs and any losses arising from such custody or use or use by the Purchasers. Neither Entertainmint nor any other Entertainmint Party is responsible for determining the taxes that apply to any transactions related to Tickets, Tokens and NFTs.
  • Assumption of Risk.
    • You accept and acknowledge: The prices and liquidity of cryptocurrency assets (including Creator Tokens and any NFTs) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect Creator Tokens and the NFTs made available through the Service, which may also be subject to significant price volatility. We do not guarantee that any Purchasers of Creator Tokens and/or NFTs will not lose money. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money. You are solely responsible for determining what, if any, taxes apply to your transactions through the Service.
    • Our Service does not store, send, or receive cryptocurrency assets. This is because cryptocurrency assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of cryptocurrency assets occurs within the supporting blockchain and not on the Service. Transactions in Tokens may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in Tokens shall be deemed to be made when recorded on a public ledger, and certain transactions may remain in a pending state for a period of time while their confirmations are being processed on the supporting blockchain. As a result, the confirmed date or time of a transaction may not necessarily be the date or time that you initiated the transaction.
    • 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 wallet. You accept and acknowledge that Entertainmint will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service for transactions, however caused.
    • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications and could therefore also negatively impact the potential utility or value of a certain Token.
    • The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Tokens.
    • The Service may rely on third-party platforms to perform transactions with respect to any cryptocurrency assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
    • There are risks associated with purchasing User generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Entertainmint reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Entertainmint. Under no circumstances shall the inability to view your assets on Entertainmint serve as grounds for a claim against Entertainmint.
    • We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Entertainmint has no ability to reverse any transactions on the blockchain.
    • The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
    • There are risks associated with streaming payments. Streaming payments are dependent upon numerous factors, including but not limited to the popularity of a particular project and the project’s availability on streaming platforms. Entertainmint payments are contingent upon third parties, including service providers and distributors outside of Entertainmint’s control. You accept and acknowledge that you may receive little or no streaming project payments in connection with a project or Token. Entertainmint is not responsible for streaming  payments and does not represent or guarantee that you will receive any particular amount of streaming payments.
    • Entertainmint reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on the Services. Under no circumstances shall the inability to view items on the Entertainmint Platform and/or inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Entertainmint.
  • Your Content, Username, Profile Picture, and Public Information.
  • Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Entertainmint does not claim ownership of the User Content that you post on or through the Service and you are free to share your User Content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You also give us permission to show your username, profile picture, and information about you and your actions or relationships in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Entertainmint, without any compensation to you. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (and permit others to use it) without any restriction or compensation to you and that Feedback becomes the exclusive property of Entertainmint.  
  • Additional Creator Permissions/Obligations.
    • Name, Likeness and Biography. If you are a Creator, you hereby grant Entertainmint the right to use your name, likeness and biographical information for marketing or promotional purposes, without any compensation to you, including but not limited to publicity about your NFT, Show, Tickets, Tokens and NFTs or Show Property.
    • Creator Responsibilities. As an Creator, you understand and agree that: (i) you are responsible for the accuracy and content of your Tickets, Tokens and NFTs; (ii) any Tickets, Tokens and NFTs that violates any of Entertainmint’s policies or applicable law may be obfuscated or deleted by Entertainmint, in its sole discretion; (iii) you will not infringe or otherwise violate the intellectual property and other rights of others; and (iv) you will not coordinate with other Creator to engage in any activities that detract from the Service being an open and fair marketplace, such as manipulating pricing.

 

  1.  User Content.

 

  • Authority. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Service, including but not limited to NFT Content. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Entertainmint the license described above.

 

  • Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Entertainmint on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

  • Removal of User Content. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Service. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content.

 

  1. Intellectual Property Rights.

 

  • Entertainmint’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content and to all our intellectual property. Nothing herein shall give any third party or User any interest in any intellectual property owned or licensed by Entertainmint. Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Entertainmint logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Entertainmint Content”) are the proprietary property of Entertainmint or our affiliates, licensors or users, as applicable. You may not use any Entertainmint Content to link to the Service without our express written permission. You may not use framing techniques to enclose any Entertainmint Content without our express written consent. Entertainmint and its licensors exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights therein. You acknowledge that the Service is protected by copyright, trademark, and other laws of the United 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 Service. References to any other products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on the Service does not constitute or imply endorsement, sponsorship or recommendation by Entertainmint.

 

  • Reservation of Rights. Entertainmint and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United 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 Services.

 

  • Limited License to Use Platform. Subject to your compliance with these Terms and all other applicable terms and policies, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to use, access, and integrate with Platform, but only to the extent permitted in these Terms and all other applicable terms and policies. You will not sell, transfer, or sublicense Platform to anyone. Except as expressly licensed herein, you will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit Platform or any aspect thereof. Entertainmint reserves all rights, title, and interest (including the right to enforce any such rights) not expressly granted in these Terms.

 

  • App License. If you comply with these Terms, Entertainmint grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for using the Services to post or fulfill Purchases as set forth herein. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

 

  • Additional Information: Apple App Store. This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

 

  1. Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

 

  1. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@entertainmint.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22 and 23.

 

  1.  Disclaimers, Waivers, Indemnity, Limitation of Rights.

 

  • EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ENTERTAINMINT, THE SERVICE, ENTERTAINMINT CONTENT CONTAINED THEREIN, AND ANY NFTS OR OTHER CRYPTOCURRENCY ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ENTERTAINMINT (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. ENTERTAINMINT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICE, ENTERTAINMINT CONTENT CONTAINED THEREIN AND ANY NFTS OR OTHER CRYPTOCURRENCY ASSETS LISTED THEREIN.

 

  • ENTERTAINMINT DOES NOT REPRESENT OR WARRANT THAT ENTERTAINMINT CONTENT OR DATA ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL, DATA, CONTENT OR INFORMATION, CONTAINED ON THE SERVICE. WHILE ENTERTAINMINT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND ENTERTAINMINT CONTENT SAFE, ENTERTAINMINT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, ENTERTAINMINT CONTENT, TICKETS, ANY NFTS OR OTHER CRYPTOCURRENCY ASSETS LISTED THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE 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 US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

 

  • WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR: SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; (V) FAILURE OF USER TO COMPLY WITH ALL TERMS OF SERVICE OR (VI) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR CRYPTO ASSETS.

 

  • NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT ENTERTAINMINT OR ANY ENTERTAINMINT PARTY CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.

 

  • YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON ENTERTAINMINT. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, ENTERTAINMINT MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE ENTERTAINMINT PLATFORM.

 

  • Waiver of Responsibility. Entertainmint 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 NFTs. Entertainmint 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 NFTs, 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, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

 

  • Failure of Creator to Provide Consideration. Creator might not provide any and all services related to Tickets, Tokens and NFTs. In this case, Entertainment will do everything reasonably possible to ensure that the service is provided, but should it not be possible within a reasonable time frame (i.e. Creator has abandoned project, etc.) we maintain that we have no liability to User/Purchaser. Our Service does not store, send, or receive cryptocurrency assets. This is because cryptocurrency assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of cryptocurrency assets occurs within the supporting blockchain and not on the Service. Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. 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 wallet. You accept and acknowledge that Entertainmint will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service for transactions, however caused. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications and could therefore also negatively impact the potential utility or value of a certain NFT. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Creator Tokens and NFTs. The Service may rely on third-party platforms to perform transactions with respect to any cryptocurrency assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer. There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Entertainmint reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Entertainmint. Under no circumstances shall the inability to view your assets on Entertainmint serve as grounds for a claim against Entertainmint.

 

  • Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Entertainmint, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Entertainmint 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: (i) your use or misuse of the Service or Entertainmint Content or User Content; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your use or disposal of any Creator Tokens or NFTs; or (v) your violation of the rights of a third party or of applicable law. You agree to promptly notify Entertainmint of any Claims and cooperate with the Entertainmint Parties in defending such Claims. You further agree that the Entertainmint 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 THIS AGREEMENT BETWEEN YOU AND ENTERTAINMINT.

 

  • Limitation of Liability.
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ENTERTAINMINT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNATIVE, 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENTERTAINMINT OR ITS SERVICE PROVIDERS HAS 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.

 

  • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL ENTERTAINMINT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ENTERTAINMINT FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ENTERTAINMINT, AS APPLICABLE.
  • THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ENTERTAINMINT AND YOU.
  • NEITHER ENTERTAINMINT NOR ANY OF ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, SHAREHOLDERS/MEMBERS MAKES ANY WARRANTY WHATSOEVER WITH RESPECT TO TOKENS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
  • IN NO EVENT SHALL ENTERTAINMINT OR ANY OF ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, SHAREHOLDERS/MEMBERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTELLECTUAL PROPERTY INFRINGEMENT, PRICE DEPRECIATION, LEGAL OR REGULATORY ENFORCEMENT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THIS AGREEMENT, EVEN IF ENTERTAINMINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Governing Law and Forum Choice. This Agreement shall be interpreted in accordance with the laws of the State of Illinois, United States of America, applicable to agreements executed and to be wholly performed therein and by the Federal Arbitration Act, federal arbitration law. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Entertainmint are not required to arbitrate will be brought and heard exclusively in the state and federal courts located in the County of DuPage, State of Illinois, United States of America, and you and Entertainmint each waive any objection to jurisdiction and venue in such courts.

 

  1. Dispute Resolution. Mandatory Arbitration of Disputes. We each agree that 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 Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Entertainmint agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Entertainmint 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 this Section 19: (i) we both may seek to resolve a Dispute in small claims court in the County of DuPage, State of Illinois, United States of America, if it qualifies; and (ii) Entertainmint retains 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. Additionally, User expressly acknowledges: User's rights shall be limited to the right, if any, to seek damages at law, and User shall not have any right to rescind this Agreement or any of the rights granted to Entertainmint hereunder, or to enjoin Entertainmint.

 

  1. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by JAMS under its JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at https://www.jamsadr.com/. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at https://www.jamsadr.com/.

 

  •  Any arbitration hearings will take place in the county of DuPage, State of Illinois, United States of America unless we both agree to a different location in writing, and may be conducted remotely to the extent permitted by the JAMS Rules. 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.

 

  • Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

 

  • Injunctive and Declaratory Relief. Except as provided in Section 19 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 and allowed under this Agreement. 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.

 

  1. Class Action Waiver. YOU AND ENTERTAINMINT 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 the parties’ 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 (Section 19) shall be null and void.

 

  1. Severability. With the exception of any of the provisions in Section 21 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.
  2. General Terms.
    • Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Entertainmint and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Entertainmint and you regarding the Services. 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. You may not assign or transfer these Terms, by operation of law or otherwise, without Entertainmint’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Entertainmint 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 permitted assigns.
    • Notices. Any notices or other communications provided by Entertainmint under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    • Waiver of Rights. Entertainmint’s 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 Entertainmint. 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.
    • Counterparts; Electronic Signatures. This Agreement may be executed in several identical counterparts and each such counterpart shall constitute an effective and legally binding document provided that the Agreement is executed by all the parties hereto. Users’ acceptance of the Terms of Service on the Platform shall be deemed as execution by the User as if signed in person.
  3. Contact Information. If you have any questions about these Terms or the Services, please contact Entertainmint at support@entertainmint.com.

 

 [MV1]Does this need to include tickets? I don’t think so but checking.

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