TERMS OF USE OF OHHH


Ver: 1.2
EFFECTIVE DATE: Aug 18 2025
IMPORTANT:   
* PLEASE READ THESE TERMS OF USE CAREFULLY.  THESE TERMS OF USE, ALONG WITH OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE IN ITS ENTIRETY, CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND OHHH, INC (“OHHH”) THAT CONDITIONS YOUR USE OF OUR SERVICES.  BY USING, ACCESSING, OR DOWNLOADING OUR SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND THE TERMS OF OUR PRIVACY POLICY.  IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, YOU SHOULD NOT ACCESS OR USE OUR SERVICES.
* TO USE ANY OF OUR SERVICES, YOU MUST BE AT LEAST 18 YEARS OLD.  IF YOU ARE LESS THAN 18 YEARS OLD, YOU MAY NOT USE OUR SERVICES.  IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY USE OUR SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN.
* OHHH IS BASED IN THE STATE OF CALIFORNIA IN THE UNITED STATES.  WE PROVIDE THE SERVICES FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES.  WE MAKE NO CLAIMS THAT THE SERVICES OR ANY OF THE CONTENT ARE ACCESSIBLE OR APPROPRIATE OUTSIDE OF THE UNITED STATES.  ACCESS TO THE SERVICES MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES.  IF YOU ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
* WE MAY AT ANY TIME AMEND THIS TERMS OF USE AND OUR PRIVACY POLICY, AND IF WE DO, WE WILL NOTIFY YOU BY REVISING THE DATE AT THE TOP OF THE TERMS, AND IN SOME CASES, WE MAY PROVIDE YOU WITH ADDITIONAL NOTICE. YOU SHOULD REGULARLY REVIEW THE MOST UP-TO-DATE VERSION OF THESE TERMS OF USE ON OUR SERVICES.  UNLESS OTHERWISE NOTES, THE AMENDED TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY, AND YOUR CONTINUED USE OF OUR SERVICES WILL CONFIRM YOUR ACCEPTANCE OF THE CHANGES.  IF YOU DO NOT AGREE TO THE AMENDED TERMS OF USE, YOU MUST STOP USING OUR SERVICES.


Welcome to Ohhh! We are the maker of Camille World. Camille World is a metaverse, where users can make money using their creativity.  Camille World contains a digital art marketplace that allows you to buy, sell, and trade physical artworks, digital artworks, digital collectibles , and other merchandise.  We provide a marketplace platform for users, including artists (“Creators”) and buyers or collectors (“Collectors”), to sell, purchase, list for auction, make offers on, and bid on (each a “Transaction”) physical artworks and Digital Artworks (as defined below)(collectively, the “Artworks”).
These Terms of Use (the “Terms”) are entered into by and between you (“you,” “your,” or “yourself”) and Ohhh, Inc. (“Ohhh,” “Company,” “we,” or “us”), a California corporation, which governs your use of our website, apps, APIs and widgets, together with all information, content, products, materials and services made available to you through the same by us (collectively, the “Services”).  The following Terms, together with any documents they expressly incorporate by reference, govern your access to and use of Ohhh and the Services. 
1. ACCEPTING THE TERMS
1. These Terms set out your rights and responsibilities when you use Ohhh to buy, sell, or display on the Services, so please read them carefully. 
2. Please note that these Terms contain an arbitration clause and class action waiver.  By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
3. We reserve the right to change or modify these Terms at any time and in our sole discretion.  You agree and understand that by logging into your account, accessing or using the Services following any change to these Terms, you agree to the revised Terms and all of the terms incorporated therein by reference.  We encourage you to review the Terms from time to time to ensure that you understand the terms and conditions that apply when you access or use the Services.
4. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE.  BY AGREEING TO THESE TERMS, YOU HEREBY CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
2. HOW YOU USE OUR SERVICES
1. Digital Entity.  “Digital Artwork” on the Services can be published as  a non-fungible token, or just used as a Camille World Item (defined below), or both.  We may transfer the unique token of a digital collectible as an NFT (Non-Fungible Token) to your digital wallet upon your request. Once the token is transferred to your private wallet, it is independent from Ohhh in any legal and financial matters.  For your browser, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Services,  we will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.  
2. Noncustodial.  While we offer a marketplace for Artworks, we do not buy, sell, or ever take custody or possession of any Artworks.  We facilitate collection of Artwork, but neither we nor the Services are custodians of any Artwork.  You affirm that you are aware and acknowledge that we are a non-custodial service provider and have designed the Services to be directly accessible by users without any involvement or actions taken by us or any third-party.  We facilitate Transactions between the users on the Services but are not a party to any agreement between any sellers, buyers, Creators, Collectors, and other users.  As a marketplace, we cannot make any representation or guarantee that Creators or users will achieve any particular outcome as the result of listing their Artworks, or engaging in any other Transaction on the Services.
3. Your Registration Obligations.  Anyone can browse the Services without registering for an account. You may be required to register with the Services in order to access and use certain features on the Services, such as participating as a Creator or Collector.  If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form.  Registration data and certain other information about you are governed by our Privacy Policy.  You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.
4. Member Account, Password, and Security.  You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account.  You agree to (a) immediately notify us at contact@ohhh-inc.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services.  We will not be liable for any loss or damage arising from your failure to comply with this section.  You also acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
5. Transferring digital collectibles to your Digital Wallet.  The unique token of your digital collectible can be transferred to your digital wallet as an NFT. Once the token is transferred to your private wallet, it is independent from Ohhh in any legal and financial matters.
6. Modifications to the Services.  We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. 
7. Account Suspension.  You agree that we have the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that (a) your account is being used for money laundering or any illegal activity; (b) you have concealed or provided false identification information or other details; (c) you have engaged in fraudulent activity; (d) you have made transactions using inappropriate methods (including but not limited to using stolen funds or payments methods, or attempting to chargeback your payment while retaining or disposing of an item); (e) you are using, employing, or operating bots or other forms of automation and/or multiple accounts to engage in any activity; or (f) you have otherwise acted in violation of these Terms.  If we have a reasonable belief that you have engaged in activities above, we reserve the right, in our sole discretion, to confiscate any purchases pursuant to those activities and/or deem such transactions null and void.
3. COMMUNITY RULES FOR USING THE SERVICES 
When using the Services, you will not directly or indirectly:
1. engage in deceptive or manipulative trading activities in any way, including bidding on your own items, preventing bidding, placing misleading bids or offers, or using the Services to conceal economic activity;
2. engage in deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of a work, simulate demand for work (i.e, “wash trading”), or any other anti-competitive bidding conduct such as but not limited to “puffing,” “chill bidding,” “shill bidding,” “sham bidding,” or “sock puppet bidding”;
3. email, upload, or otherwise distribute any content, including User Content (as defined below), that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to do so under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable (including any sexual depictions of minors); or (vii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type;
4. interfere with or disrupt the Services or servers or networks connected to the Services in any manner that could negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner; 
5. disobey any requirements, procedures, policies or regulations of networks connected to the Services; 
6. create or list counterfeit items or assets;
7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. solicit personal information from anyone under the age of 18;
9. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
10. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
11. further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; 
12. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Services, or to collect information about our users for any unauthorized purpose;
13. create user accounts by automated means or under false or fraudulent pretenses; 
14. access or use the Services to carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or
15. access or use the Services for the purpose of creating a product or service that is competitive with any of our products or services.
4. USER CONTENT
1. We allow (a) the users to create a profile where they can post certain information about themselves, link to other websites, and display artwork that they own (collectively, “Profile Information”); and (b) Creators to post their non-fungible tokens, and bios (collectively, with Profile Information, “User Content”).  All User Content must comply with these Terms. 
2. Any Profile Information you post to the Services will be considered non-confidential and non-proprietary.  By providing any User Content on the Services, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for any purpose.  You represent and warrant that (a) you own and control all rights in and to your User Content and have the right to grant such licenses to us and our affiliates and our respective licensees, successors, and assigns; and (b) all of your User Content do and will comply with these Terms. 
3. You understand and agree that you are responsible for any User Content you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Services.
4. If you are a Creator, you hereby grant Ohhh non-exclusive, worldwide, royalty-free licenses to:
1. use the artwork for purposes of minting, displaying and selling your Artworks;
2. use your name and image for marketing or promotional purposes;
3. use, copy, modify, distribute, publish, and otherwise transmit images from your Artworks for marketing or promotional purposes; and
4. use your biography and other public information about you to promote your Artworks.
5. As a Creator, you understand and agree that:
1. you are responsible for the accuracy and content of your Artworks;
2. any Artwork that violates any of our policies may be obfuscated or deleted by us, in our sole discretion;
3. you will not use the artwork incorporated into your Artworks for the creation of additional non-fungible tokens;
4. you will respect the intellectual property of others; and
5. you will not coordinate pricing with other Creators.
6. We reserve the right, in our sole discretion, to prohibit you from uploading your Artworks.  Although we are not required to monitor any User Content, we may, in our sole discretion, remove User Content at any time and for any reason without notice.  We may monitor User Content to detect and prevent fraudulent activity or violation of these Terms.
7. We may preserve any User Content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ourselves, our users and the public.  You understand that the technical processing and transmission of the Services, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. INTELLECTUAL PROPERTY RIGHTS ON THE SERVICES
1. Creator Rights.  
1. Creator owns all legal rights, title, and interest in all intellectual property rights of the content underlying the physical artwork created by the Creator or the Digital Artwork minted by the Creator on the Services, including but not limited to copyrights and trademarks in the Artworks.  As the copyright owner, the Creator has the right to reproduce, prepare derivatives of, distribute, and display or perform the Artworks.  Please see Section 6 (Sale of Artworks).
2. Creator hereby acknowledges, understands, and agrees that selling such Artworks on the Services constitutes an express representation, warranty, and covenant that the Creator (i) has not sold, tokenized or created another digital collectible, cryptographic token, and (ii) will not, and will not cause another to, sell, tokenize, or create another cryptographic token, in each case representing a digital collectible for the same content underlying such Digital Artwork. 
3. By launching any Digital Artwork on the Services, the Creator, in its sole discretion, may grant to the Collector and, to the extent applicable, any subsequent Collector in a Secondary Sale (as defined below) a license pursuant to the separate license agreement between the Creator and the Collector.    
4. Creator expressly represents and warrants that its content underlying any Digital Artwork launched on the Services contain only original content otherwise authorized for use by the Creator, and do not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use.  The Creator further represents and warrants that it has permission to incorporate the unoriginal content, to the extent such permission is legally required. 
2. Our Rights to the Artworks and User Contents.  
1. Creator hereby acknowledges, understands, and agrees that by launching, listing, or selling any Artworks on the Services, you hereby expressly and affirmatively grant to Ohhh, and our affiliates and our successors, a non-exclusive, world-wide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to: (i) reproduce, display, perform, distribute and transmit User Contents and the content underlying such Artworks, for the purpose of operating and developing the Services, and (ii) use and incorporate User Contents and the content underlying such Artworks, or derivative works of the Artworks, on any marketing materials, and to reproduce, display, perform, display and transmit such marketing materials on any media whether now known or later discovered for the purposes of operating, promoting, sharing, marketing, and advertising the Services.  
2. The foregoing licenses include, without limitation, the express rights to: (i) display or perform User Contents and the content underlying such Artworks, on the Services, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) index User Contents and the content underlying such Artworks in electronic databases, indexes, and catalogs; and (iii) host, store, distribute, and reproduce one or more copies of User Contents and the content underlying such Artworks within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or cause, direct, or solicit others to do so.  
3. Our Rights to the Services.  
1. Unless otherwise indicated in writing by us, the Services, all contents, and all other materials contained therein, including, without limitation, our logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Ohhh Content”) are the proprietary property of Ohhh or our affiliates, licensors, or users, as applicable.  Our logo and any of our product or service names, logos, or slogans that may appear on the Services or elsewhere are trademarks of Ohhh or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission. 
2. You may not use any Ohhh Content without our express written permission.  You may not use framing techniques to enclose any Ohhh Content without our express written consent.  In addition, the look and feel of the Services, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Ohhh and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
3. Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to our benefit.
4. Collector Rights.  
1. Collector receives a digital collectible representing the Creator’s Artworks as a piece of property, but does not own the content underlying such Artworks itself or any intellectual property rights therein.  The Collector may display and share the content, but the Collector does not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the content underlying such Artworks.  Please see our License Right Policy at 6.  If a Collector sells, trades or transfers its Digital Artwork to a subsequent Collector, regardless of whether on or off the Services, such Collector represents and warrants that it will (i) notify the subsequent Collector of these Terms and (ii) require the subsequent Collector to comply with these Terms. 
2. Collector irrevocably releases, acquits, and forever discharges us and our affiliates and officers and successors of any liability for direct or indirect copyright or trademark infringement for our use of User Contents and any content underlying such Artworks, in accordance with these Terms.
3. Digital Artwork on the Services that was minted on or by a third-party platform or service (“Non-Ohhh Artwork”) and the intellectual property rights of the content underlying such Non-Ohhh Artwork may be subject to a separate license or other terms granted in connection with the initial sale of such Non-Ohhh Artwork, in which case those third-party platform’s terms will govern in connection with such content and materials, provided that in the event of any conflict between those third-party platform’s terms and these Terms that are not specific to a Collector’s rights to use or otherwise exploit the content underlying such Non-Ohhh Artworks, these Terms shall govern and control as between you and us.
5. Copyright Complaints.  
1. We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim immediately.  
2. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to contact@ohhh-inc.com (Subject line: “DMCA Takedown Request”). 
6. SALE OF ARTWORKS
1. Every transaction on the Services is subject to fees, commissions, royalties, and other compensation (“Fees”) collected to support the Creators and the Services. All Fees are collected at the time of the purchase of an Artwork.
2. You can make offers on all listed Artworks through the Services.  Offers on the Services are legally binding, revocable offers to purchase the Artwork capable of immediate acceptance by the Creator of the Artwork.  
3. Specific Terms and Conditions in Sale of Artworks 
A : Users can sell their own art pieces as digital collectibles, art prints, physical artworks or camille world items , provided they hold the copyright to the artwork.
B : Artists determine the price and the count  of digital collectibles. Once the digital collectibles are sold, the count of the digital collectibles can not be changed.
C : Artists determine the price of their physical artworks.
D : Artists determine the resale royalty rate (up to 10%) which applies to sales of their digital collectibles and their physical artworks. Once artworks are sold, the royalty rate can not be increased but artists can lower it.
F : Artists retain the copyright of their art even after selling it in any form.
G : An artist may request a curator to curate their art pieces. The duration of the contract is one year, and the curator may cancel the contract at any time.  
H : Ohhh receives a 20% commission of digital collectible sales, 20% of profits of art print sales, and 10% of physical art sales.
I : Curators receive a 30% commission on digital collectible sales, 10% of profits from art print sales, and 10% of physical art sales for the artworks they curate. If a curator is involved, Ohhh’s commission is adjusted to 10% of digital collectible sales, 10% of profits from art print sales, and 10% of physical art sales.
J: When an artwork is re-sold as a digital collectible or a physical artwork, the original creator receives the royalty fee. No curator commission is applied on resales. Ohhh’s commission, however, continues to apply to resale transactions.
7. SALE OF DIGITAL ASSETS (Worlds, Items, etc.)
Sales of digital assets, including but not limited to Camille World worlds, items, and other user-generated digital content, are subject to a 20% commission retained by Ohhh.
8. NO REPRESENTATIONS ON PRICE OR VALUE
You acknowledge and consent to the risk that the price of an Artwork purchased on the Services may have been influenced by other activities outside of our control.  We do not represent, guarantee, or warrant the accuracy or fairness of the price of any Artwork sold or offered for sale on or off of the Services.  You agree and acknowledge that we are not a fiduciary nor owes any duties to any user of the Services, including the duty to ensure fair pricing of Artworks or to police users’ behavior on the Services.
        8.1 Camille World Money(CWM). 
Within Camille World, users may receive Camille World Money (“CWM”). Despite the name, CWM functions solely as a platform credit and does not constitute legal tender or currency. CWM may be earned through the exchange of digital assets (such as worlds, items, or artworks) within Camille World, or it may be purchased with U.S. dollars. Users may request redemption of accumulated CWM for USDC once their balance equals or exceeds $100, subject to a service commission and any applicable transaction fees. CWM has no value outside of the Camille World platform except as expressly permitted by these Terms.
9. TAXES
1. Neither we nor any other our affiliates are responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your Transactions on the Services.  You agree that you are solely responsible for determining what, if any, Taxes apply to your Transactions on the Services and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.  
2. Unless otherwise indicated on an applicable invoice, any amounts due in respect of a Transaction on the Services are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”) which shall be your responsibility.  Any payments with respect to your Transactions on the Services shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law requires the deduction or withholding of any Tax (a “Withholding Tax”) from any such payment then the sum payable by you shall be increased as necessary so that after such deduction or withholding has been made the amount received is equal to the sum that would have been received had no such deduction or withholding been made.  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.
10. INDEMNITY AND RELEASE
1. To the extent permitted under applicable law, you agree to release, indemnify and hold us and our affiliates and our officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms or your violation of any rights of another. 
2. You further agree that we shall have control of the defense or settlement of any third-party claims.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”  If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
11. DISCLAIMER OF WARRANTIES
1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU AGREE THAT WE AND ALL INDEMNITEES WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU IF (A) YOU ARE UNABLE TO LOCATE OR USE YOUR CREDENTIALS, (B) YOUR RIGHTS TO ANY ARTWORKS ARE TERMINATED OR (C) ANY THIRD PARTY MAKES ANY CLAIM AGAINST YOU IN RELATION TO ANY ARTWORKS, INCLUDING ANY CLAIM OF INFRINGEMENT OR VIOLATION OF INTELLECTUAL PROPERTY OR OTHER RIGHTS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
2. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
12. DISCLAIMER OF WARRANTIES
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, LOSS IN VALUE OF ANY ARTWORK, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORMS RESULTING FROM ANY ARTWORK, GOODS, DATA, INFORMATION PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.  
2. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
13. GEOGRAPHIC RESTRICTIONS AND DISPUTE RESOLUTION
   1. We intend to provide the Services for use by persons located in the United States.  We make no claims that our website, mobile app, or any of the Services is accessible or appropriate outside of the United States.  Access to the Services may not be legal by certain persons or in certain countries.  If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
   2. You agree that all matters relating to the Services, and these Terms, and any dispute or claim arising therefrom will be construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
   3. You agree that any dispute or claim arising from or relating to this Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section), unless otherwise required by law.  Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules.  The arbitrator shall follow any applicable federal law and California state law in rendering an award.  Judgment on the arbitration award may be entered in any court that has jurisdiction. 
   4. Any arbitration under these Terms will take place on an individual basis.  You understand that by agreeing to these Terms, you and we are each waiving the right to trial by jury or to participate in a class action lawsuit.  Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity.  Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.  You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
   5. Any legal action against us related to the Services must be filed and take place in Los Angeles County, California.  For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Los Angeles, California, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances.
14. PRIVACY
   1. For information about how we collect, use, share, or otherwise process information about you and your use of the Services, please see our Privacy Policy.
   2. Where permitted by law, we will only access, view, or listen to your User Contents in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your User Content to (a) respond to feedback or support requests; (b) detect, prevent, or otherwise address fraud, security, legal, or technical issues; and (c) enforce these Terms.  Our automated systems may analyze your User Content using techniques such as machine learning in order to improve the Services and the user experience. 
   3. You agree not to collect, process, or store any Sensitive Personal Information using the Services.  You agree not to transmit, disclose, or make available Sensitive Personal Information to us or our third-party providers. “Sensitive Personal Information” means an individual’s financial information, sexual preferences, medical, or health information protected under any health data protection laws, biometric data (for purposes of uniquely identifying an individual), personal information of children protected under any child data protection laws (such as the personal information defined under the US Children’s Online Privacy Protection Act (“COPPA”)) and any additional types of information included within this term or any similar term (such as “sensitive personal data” or “special categories of personal information”) as used in applicable data protection or privacy laws. 
   4. We process and store information in the U.S. and other countries.  By using the Services, you agree that you authorize us to transfer your personal information across national borders and to other countries where we and our partners operate.
15. EXPORT
   1. You assume all responsibility for compliance with all laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations (“EAR”) and economic sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).
   2. You represent, warrant and covenant that (a) you will not export or import any content or use any content for transactions involving any country, region or government to which export, re-export or transfer is restricted under United States law or any country, region or government subject to an OFAC embargoed (which, for the purposes of these terms, means a country, region or government in respect to which the U.S. has imposed an embargo from time to time, at present which can be found here); (b) you are not and will not transfer content to a person identified on U.S. or other applicable government restricted party lists with whom transactions are prohibited, including but not limited to OFAC’s Specially Designated Nationals (“SDN”) List or the EAR’s Entity List or Denied Persons List (collectively, “Restricted Parties”), or any person acting on behalf of such party.
16. COMMUNICATION
You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.  You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale on the Services, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of an item you are interested in purchasing.  You may opt out of promotional communications at any time by following the instructions provided therein.
17. MISCELLANEOUS
   1. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms.
   2. Any rights and licenses granted by these Terms may not be transferred or assigned by you, but may be assigned by us without restriction.  Any attempted transfer or assignment in violation hereof shall be null and void.
   3. Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms shall be held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms.
   4. These Terms, together with our Privacy Policy, and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services.
   5. The captions and headings are for convenience of reference only and shall not be used to construe the terms or meaning of any provisions of these Terms.  You agree that you have reviewed and negotiated the terms and conditions of these Terms and has had the opportunity to contribute to its revision.  Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of these Terms.  Rather, the terms of these Terms shall be construed fairly as to both you and us and not in favor or against us.
   6. Upon the expiration or termination of these Terms, some or all of the Services may cease to operate without prior notice.  Section 9, 10, 11, and 12 will survive the termination of these Terms.
   7. Except as expressly permitted in these Terms, you may not (a) modify, port, adapt, or translate any portion of the Services; or (b) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Services, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Services. 
   8. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
[End of Terms of Use]