TERMS OF USE OF OHHH

Ver: 1.9
EFFECTIVE DATE: Apr 15, 2026

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 UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE OUR SERVICES.

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 THESE TERMS OF USE AND OUR PRIVACY POLICY, AND IF WE DO, WE WILL NOTIFY YOU BY REVISING THE DATE AT THE TOP OF THESE 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 NOTED, 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 creator of Camille World. Camille World is a metaverse where users can monetize their creativity. Camille World contains a digital art marketplace that allows users to buy, sell, and trade physical artworks, digital artworks, digital collectibles, printed merchandise, 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 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, and govern your use of our website, apps, APIs, widgets, and all information, content, products, materials, and services made available to you through them (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 any class action, class arbitration, collective action, 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 REPRESENT AND WARRANT 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, used as a Camille World item, 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 all 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 and transfer of Artworks, 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 users on the Services but are not a party to any agreement between 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 a 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 all 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 payment methods, or attempting to charge back 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 the 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 engage in any other anti-competitive bidding conduct, including 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 distribute 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, 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 or ethnically offensive, or otherwise objectionable, including any sexual depictions of minors; or (vii) in our sole judgment is objectionable or restricts or inhibits any other person from using or enjoying the Services, or 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 purpose 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) 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, artworks, 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 related to the operation, promotion, and improvement of the Services. 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 does 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:
   (a) use the artwork for the purpose of minting, displaying, and selling your Artworks;
   (b) use your name and image for marketing or promotional purposes;
   (c) use, copy, modify, distribute, publish, and otherwise transmit images from your Artworks for marketing or promotional purposes; and
   (d) use your biography and other public information about you to promote your Artworks.

5. As a Creator, you understand and agree that:
   (a) you are responsible for the accuracy and content of your Artworks;
   (b) any Artwork that violates any of our policies may be obfuscated or deleted by us, in our sole discretion;
   (c) you will not use the artwork incorporated into your Artworks for the creation of additional non-fungible tokens representing the same underlying content in violation of these Terms;
   (d) you will respect the intellectual property of others; and
   (e) you will not coordinate pricing with other Creators in violation of applicable law.

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 derivative works 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 or cryptographic token representing the same underlying content in violation of these Terms; and (ii) will not, and will not cause another to, sell, tokenize, or create another cryptographic token representing the same underlying content in violation of these Terms.

   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 a separate license agreement between the Creator and the Collector.

   4. Creator expressly represents and warrants that the content underlying any Digital Artwork launched on the Services contains only original content or content otherwise authorized for use by the Creator, and does 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 used without a valid claim of fair use or other legal authorization. The Creator further represents and warrants that it has permission to incorporate any unoriginal content to the extent such permission is legally required.

2. Our Rights to the Artworks and User Content.

   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 successors, a non-exclusive, worldwide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to: (i) reproduce, display, perform, distribute, and transmit User Content and the content underlying such Artworks for the purpose of operating and developing the Services; and (ii) use and incorporate User Content and the content underlying such Artworks, or derivative works thereof, in any marketing materials, and to reproduce, display, perform, distribute, and transmit such marketing materials in any media now known or later developed 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 Content and the content underlying such Artworks on the Services, on third-party platforms, in social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, and to the public; (ii) index User Content 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 Content and the content underlying such Artworks within a distributed file-keeping system, node cluster, or other database, including without limitation 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 Artwork as a piece of property, but does not own the content underlying such Artwork 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 in the content underlying such Artwork. 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 to the extent applicable.

   2. Collector irrevocably releases, acquits, and forever discharges us and our affiliates, officers, and successors from any liability for direct or indirect copyright or trademark infringement arising from our use of User Content 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 terms will govern in connection with such content and materials; provided, however, that in the event of any conflict between those third-party platform terms and these Terms on matters not specific to a Collector’s rights to use or otherwise exploit the content underlying such Non-Ohhh Artwork, these Terms shall govern and control as between you and us.

   4. For the avoidance of doubt, ownership transfer, resale recognition, and resale-related rights for digital collectibles are only acknowledged when the transaction occurs within Camille World through the Services.

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 otherwise been 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 with the subject line: “DMCA Takedown Request.”




6. SALE OF ARTWORKS AND PRINTED MERCHANDISE

A. Users may sell their own art pieces as digital collectibles, art prints, printed merchandise, or physical artworks, provided that they own or otherwise hold all necessary rights, including copyright, to do so.

B. Creators determine the price and quantity of their digital collectibles. Once sold, the quantity cannot be changed.

C. Creators determine the price of their physical artworks, art prints, and printed merchandise.

D. Creators retain all copyright and other intellectual property rights in their artworks even after sale, except for any limited rights expressly granted under these Terms.

E. Curator Designation and Changes.

A Creator may request or designate a curator to curate the Creator’s artworks through the Services. A curator may also be designated as a result of participation in an art contest, exhibition, or similar program organized through Camille World. The Creator may change or remove the curator of the Creator’s artworks at any time through the Services. A curator may also be changed or replaced through the outcome of a subsequent art contest, exhibition, or similar program administered through the Services.

F. Platform Commission.
Ohhh receives a fixed ten percent (10%) platform commission on all sales conducted through the Services, including sales of digital collectibles, art prints, printed merchandise, physical artworks, valid resale transactions recognized under these Terms, and ebooks. For ebooks published and sold through the Services, Ohhh additionally applies a data hosting and delivery fee of fifteen cents (US$0.15) per one megabyte (1MB) based on the total file size of the ebook content, including the book PDF and cover image. This data charge will be deducted from the sale proceeds.

G. Curator Commission. For artworks curated through the Services, the applicable curator receives a thirty percent (30%) commission on all primary sales of the curated artwork, including digital collectible sales, art print sales, printed merchandise sales, and physical artwork sales. Ohhh’s ten percent (10%) platform commission remains unchanged regardless of curator involvement.

G-1. Seller Net Proceeds. For a primary sale of a curated artwork, the seller receives the remaining sixty percent (60%) of the sale price after deduction of the curator commission and Ohhh’s platform commission. For a primary sale of a non-curated artwork, the seller receives the remaining ninety percent (90%) of the sale price after deduction of Ohhh’s platform commission.

H. Resale Royalty and Valid Resale Scope. A fixed one percent (1%) resale royalty applies to subsequent resales of digital collectibles and physical artworks only when such resale transactions occur within Camille World and are processed through the Services. The resale royalty is automatically deducted from the resale transaction and paid to the original Creator, and may not be changed, reduced, or waived.

H-1. Seller Proceeds on Resale. For a valid resale transaction conducted through the Services, the reseller receives the remaining proceeds after deduction of Ohhh’s ten percent (10%) platform commission and the one percent (1%) resale royalty payable to the original Creator.

I. No Curator Commission on Resales. No curator commission applies to resale transactions unless Ohhh expressly states otherwise in a separate written agreement.

J. Off-Platform Resales. Resales of digital collectibles conducted outside of Camille World are not recognized, honored, or treated as valid resale transactions under these Terms, and no resale royalty, resale-related rights, or resale-related obligations apply to such off-platform transactions as between you and Ohhh.





7. SALE OF DIGITAL ASSETS (WORLDS, ITEMS, ETC.)

Users may sell digital assets that they create or build within Camille World, including but not limited to Camille World worlds, items, and other user-generated digital content, provided that they own or otherwise hold all necessary rights to do so.

Sales of such digital assets are subject to a twenty percent (20%) platform commission retained by Ohhh.

Creators retain all intellectual property rights in their digital assets except for any limited rights expressly granted under these Terms.




8. CAMILLE WORLD MONEY (CWM)

Within Camille World, users may earn or purchase Camille World Money (“CWM”). CWM functions solely as a platform credit and does not constitute legal tender, currency, stored value, or a bank deposit.

Users may request payout of their accumulated CWM in U.S. dollar equivalent via USDC once their balance exceeds one hundred U.S. dollars (US$100). A five dollar (US$5) payout processing fee and applicable transaction fees, including without limitation Stripe fees and blockchain transaction fees if any, apply to each payout request.

Payouts are processed only after users submit the required tax form:

U.S. residents: must complete IRS Form W-9.
Non-U.S. residents: must complete IRS Form W-8BEN or other applicable form.

Ohhh reserves the right to withhold, delay, or refuse payouts until the applicable tax documentation has been received and verified.

All tax information is used solely for tax, legal, and regulatory compliance in accordance with applicable privacy and data protection laws.

CWM has no value outside the Camille World platform except as expressly permitted by these Terms.




9. TAXES

9.1. Sales Tax Handling. Ohhh Inc. may use third-party service providers, for example Stripe Tax, to calculate, collect, and remit applicable sales taxes on qualifying transactions in accordance with U.S. state and federal laws.

9.2. User Income Taxes. Each user is solely responsible for reporting and paying any income, self-employment, withholding, value-added, goods and services, sales, use, or similar taxes arising from payouts or other earnings received through the Services, except to the extent collection or remittance by Ohhh is required by applicable law.

9.3. Tax Forms. For payout, users must provide the appropriate IRS form, including Form W-9 for U.S. residents or Form W-8BEN or other applicable form for non-U.S. residents, for income-tax reporting and compliance.

9.4. Information Reporting. Ohhh Inc. or its payment processor may report payments to the IRS or other tax authorities where required by law.

10. INDEMNITY AND RELEASE

1. To the fullest extent permitted under applicable law, you agree to release, indemnify, defend, and hold harmless us and our affiliates and our officers, employees, directors, agents, successors, and assigns (collectively, “Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, 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 the right to control the defense or settlement of any third-party claims. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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 ARE 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. LIMITATION OF LIABILITY

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF 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 OF OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY ARTWORK, GOODS, DATA, INFORMATION, OR SERVICES 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS OR (B) ONE HUNDRED U.S. DOLLARS (US$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 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.

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 these Terms shall be finally settled by final and binding arbitration, in the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules then in effect, unless otherwise required by law. Arbitration, including threshold questions of arbitrability, will be handled by a sole arbitrator in accordance with those rules. The arbitrator shall follow applicable federal law and California law in rendering an award. Judgment on the arbitration award may be entered in any court having jurisdiction.

4. Any arbitration under these Terms will take place on an individual basis only. You understand that by agreeing to these Terms, you and we are each waiving the right to trial by jury and the right to participate in any class action, class arbitration, collective action, private attorney general action, or other representative proceeding. 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, remains in such court, and proceeds solely 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, except as otherwise required by applicable law or the AAA Rules. For all actions under the AAA Rules, the proceedings may be filed where your residence is located or in Los Angeles, California, and any in-person hearings will be conducted at a location 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 Content 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 applicable health data protection laws, biometric data used for uniquely identifying an individual, personal information of children protected under applicable child data protection laws such as the U.S. Children’s Online Privacy Protection Act (“COPPA”), and any additional types of information included within this term or any similar term under applicable data protection or privacy laws.

4. We process and store information in the United States and other countries. By using the Services, 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, re-export, import, transfer, or use any content or Services in connection with any country, region, government, or person to which such activity is restricted under United States law or that is subject to an OFAC embargo or sanctions program; and (b) you are not, and will not transfer content or access to, any 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 and 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 may be of interest to you. You also 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 in those communications.

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 of these Terms 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 is 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 referenced herein and incorporated herein by reference, constitute the entire agreement between you and us with respect to the Services and supersede 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 these Terms and have had the opportunity to seek advice regarding them. 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 and not in favor of or against either party.

6. Upon the expiration or termination of these Terms, some or all of the Services may cease to operate without prior notice. Any provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation Sections 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, and 17.

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 application in order to recreate that system, decompile, disassemble, or otherwise attempt to discover, within any Services, the source code, data representations, underlying algorithms, processes, methods, or any other portion of such Services, except to the extent such restriction is prohibited by applicable law.

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]