Wild Tangz User Agreement
Effective December 13, 2022
Welcome to Wild Tangz, the orangutan NFTs that give hodlers mint services, mobile apps, chat support, and more.
This Wild Tangz User Agreement ("Agreement") governs your use of the Wild Tangz platform, located at https://www.wildtangz.com/ ( “Site”), and the related products, services, and technologies offered (collectively, including the Site, “Wild Tangz Services” or “Services”) offered or provided by Diamond Holdings LLC d/b/a Wild Tangz and their affiliates (“Wild Tangz” “we,” “us,” or “our”).
YOU SHOULD READ THIS AGREEMENT CAREFULLY INCLUDING SECTION 11 WHICH CONTAINS A MANDATORY ARBITRATION AND JURY TRIAL WAIVER, AND SECTION 3 WHICH CONTAINS A NON-EXHAUSTIVE LIST OF RISKS IN CONNECTION WITH THE SITE, THE SERVICES, AND THE BLOCKCHAIN ECOSYSTEM GENERALLY.
1. AGREEMENT
In addition to the Site and associated Tangz Tools, the Wild Tangz Services include the creation and sale of digital assets for use within the Wild Tangz NFT ecosystem (“Wild Tangz NFTs”). Wild Tangz NFTs include, but are not limited to, Wild Tangz Series 1, The Buffoonery, Holiday Mint 2022, Vote Commemorative Token, and any other non-fungible digital token released under the Wild Tangz brand. By using the Services, you agree to be bound by this Agreement. You further represent and warrant that you are of the legal age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this Agreement.
If you don’t agree to be bound by this Agreement, do not use the Wild Tangz Services or purchase Wild Tangz NFTs.
NOTE: The Wild Tangz NFTs you purchase are yours, and as tokens recorded on a distributed ledger those Wild Tangz NFTs are yours completely. Wild Tangz has no ability to claw back or otherwise repossess your (or anybody else’s) Wild Tangz NFTs. However, failure to agree to and abide by the terms of this Agreement may result in a limitation or elimination of many of the benefits which accompany those Wild Tangz NFTs including, but not limited to, the Wild Tangz Services, use of Tangz Tools, and access to token-gated sections of the Site or Wild Tangz social media pages. You should read this Agreement carefully before purchasing any Wild Tangz NFT (from Wild Tangz directly or on the secondary market) or using the Site or Wild Tangz Services.
2. E-SIGNATURE AGREEMENT
Interactions utilizing third-party wallets linked to blockchain addresses or accounts require digital signatures to authorize transactions. By using Wild Tangz Services, you agree that any electronic signature, whether digital or encrypted, that is intended to authenticate a writing shall have the same force and effect as manual signatures to the fullest extent of the law. and that. "Electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation a checkbox, facsimile, or email signature.
3. BLOCKCHAIN AND OTHER RELATED DISCLOSURES
3.1 Certification of Blockchain Knowledge. By utilizing Wild Tangz Services, you confirm that you have good and sufficient experience and understanding of the functionality, usage, storage, transmission mechanisms, and other material characteristics of cryptographic tokens, token storage mechanisms (such as token wallets), blockchain technology, blockchain-like technology, and blockchain-based software systems to understand this Agreement and to fully appreciate the risks and implications of purchasing Wild Tangz NFTs and you are able to bear the risks thereof, including the loss of all or part of the purchase price of any Wild Tangz NFTs purchased.
Further, by utilizing these services you understand the risks associated with using a “hot wallet” to secure valuable digital assets, and users who use a “cold storage wallet” for their assets understand the proper security measures to implement regarding the use of such cold storage devices.
3.2 Blockchain Risks. You acknowledge that engaging in financial transactions on the blockchain has inherent risks and is susceptible to interruption. By using the Wild Tangz Services you acknowledge, agree to, and accept the following risks.
a. Information transmission can be disrupted. You accept the risk that our Site could be affected by technical difficulties that impede your ability to obtain, view, or deliver information or execute transaction, including in time sensitive transactions. We do not control the public blockchains that you are interacting with.
b. Compromised Digital Wallets. The digital wallet which you use to access some of the Wild Tangz Services can be accessed by anybody with access to that wallet’s seed phrase or private key or anybody who is granted access to it through smart contract, even if that seed phrase, private key, or granted access is done maliciously or unintentionally. Wild Tangz is not responsible for any unauthorized access to or use of your digital wallet.
c. Cyberattacks may occur. You understand that fraud and cyberattacks occur and that your data may not be completely safe on any computer system or network. However, there are certain steps that you can take to protect the safety and security of your data and you agree to take reasonable measures to do so. Transactions on the Cardano blockchain are irreversible, and losses due to fraudulent or accidental transactions may not be recoverable.
d. Regulation. The regulatory status of cryptographic tokens, digital assets, and blockchain technology is unclear or unsettled in many jurisdictions. Further, while Wild Tangz believes that Wild Tangz NFTs are not securities, others may take a contrary position which may materially affect the Wild Tangz Services or the Wild Tangz NFTs. It is difficult to predict how or whether governmental authorities will regulate such technologies. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations, or rules that will affect cryptographic tokens, digital assets, blockchain technology, or its applications. Such changes could limit the Wild Tangz Services or the transferability of Wild Tangz NFTs.
e. Third-party services disruption. You understand and agree that the Wild Tangz Services may require the use of third-party resources which are not under the direction or control of Wild Tangz including the Cardano blockchain. These resources may become unavailable during times of especially high traffic, or due to potential changes of access to those third-party resources. You accept the risk that interruption or inaccuracy of third-party services may impede your ability to obtain, view, or deliver information or execute transactions, including in time-sensitive transactions.
f. Risk of Fraud. Digital tokens and the holders of digital tokens are often the targets of individuals attempting to access those tokens through fraudulent or duplicitous means. The individuals perpetrating these frauds will often use QR codes, malicious links, or social engineering scams where they pose as legitimate actors such as Wild Tangz to gain access to individuals’ digital wallet or the seed phrase which grants access to that digital wallet. Do not ever electronically store your seed phrase, give that seed phrase to others, or click on unknown links. Before interacting with a website or social media account, take extra care to confirm that is the official website or social media account of the intended party and not a person posing at that account/individual fraudulently. For example, there is a known scam through which bad actors have stolen digital assets by posing as the sponsor of a project and have posted social media or other links (which then install malware or compromise wallet credentials) pretending to “airdrop” new digital assets to existing holders. You should understand the common forms of fraud in the exchanges of digital assets and protect yourself against those risks.
g. Gas/Dust Fees. Transactions on the blockchain require the payment of a transaction fee (“Gas” or “Dust”) which funds the network of computers that confirm transactions on the blockchain. This means that you will need to pay Gas or Dust for each transaction that you enable via the Site or that results in a transfer of Wild Tangz NFTs. Except as otherwise expressly set forth in this Agreement, you will be solely responsible to pay any Gas or Dust for any transaction (including failed transactions) that you prompt via the Site. The value of the Gas and Dust fees change, often unpredictably, and is entirely outside of the control of Wild Tangz, and any sale or transfer of Wild Tangz NFTs may fail if you do not have sufficient funds in your digital wallet to pay these Gas or Dust fees.
WILD TANGZ WILL NEVER REQUEST THE PRIVATE KEY, PASSPHRASE, PASSWORD, OR SEED PHRASE INFORMATION NEEDED TO ACCESS YOUR DIGITAL WALLET OR ACCOUNT. Please use extreme caution when interacting with any links sent from a social media account or elsewhere from an individual claiming to be a Wild Tangz representative. If you have any questions or concerns, please only contact an official Wild Tangz representative at the email provided below. Wild Tangz will NEVER do a stealth mint or airdrop claim without providing adequate time to prepare and research the veracity thereof. We will NEVER ask you to connect your digital wallet except through official communications on the Site. If you believe there is an individual or individuals improperly holding themselves out as Wild Tangz representatives, please contact us at the email below so we can investigate.
4. USER ACCOUNT AND USER REPRESENTATIONS
4.1 User Account. To access portions of the Site or the Wild Tangz Services, you will be required to create a user account linked to a digital wallet (“User Account”). The following conditions apply to the creation of a User Account.
a. Request for Information. Wild Tangz may require you provide additional information as required by applicable laws and regulations or to investigate potential violations of this Agreement. Failure to provide that additional requested information may result in your access to Wild Tangz Services being suspended or revoked. Additionally, Wild Tangz may suspend your access to Wild Tangz Services while it gathers and processes any information requested and received.
b. Account Security. To protect your User Account, you must keep your account details confidential including the seed phrase and private key of the digital wallet associated with your User Account. If you detect any unauthorized use, or if you know of or suspect a breach of security of either your User Account or any digital wallet linked to that User Account you should contact us as soon as practical.
c. Responsible for User Account. You are responsible for all activities that occur under your User Account, whether or not you know about or consent to them.
You agree and understand that certain legal restrictions may impede or restrict our ability to deliver the Wild Tangz Services to you. You are solely responsible for determining whether use of the Wild Tangz Services is permitted in the jurisdiction where you live, and you shall refrain from use of the Site or Wild Tangz Services if such activity is not permitted in the jurisdiction where you live.
4.2 User Representations. You hereby represent, warrant, and acknowledge:
a. Legal Competence. You are legally competent to form a binding contract and have reached the age of majority in your jurisdiction.
b. Banned List. You are not listed on the Specially Designated Nationals (“SDN”) list maintained by the Office of Foreign Assets Control (“OFAC”) or any other similar list maintained by the United States Department of State, Department of Commerce or any other government authority or pursuant to any Executive Order of the President or any similar list in the jurisdiction in which you are located and your digital wallet addresses are not on any such list or controlled by a person on any such list.
c. Patriot Act. You have not been previously indicted for or convicted of any Patriot Act Offense (the term “Patriot Act Offense” can include any criminal violation relating to terrorism or money laundering, including offenses under the Patriot Act, the Bank Secrecy Act, the Money Laundering control Act of 1986, or criminal laws against terrorism or money laundering, and may also include conspiracy to commit, or aiding and abetting another to commit, a Patriot Act Offense).
d. Competitor. You are not a competitor of the Wild Tangz and are not using the Wild Tangz Services for reasons that are in competition with Wild Tangz.
e. Legal Restrictions. You are not restricted by law from purchasing due to being from, a resident of, or located in, Algeria, People’s Republic of China, Crimea region of Ukraine, Cuba, Donetsk region of Ukraine, Egypt, Guyana, Iran, Iraq, Libya, Luhansk region of Ukraine, Morocco, Nepal, North Korea, Russia, South Sudan, Sudan, Syria, or Yemen. Nor are you otherwise barred from using the Wild Tangz Services under applicable law.
4.3. Termination of User Account. You may terminate your User Account at any time by disconnecting your wallet from the Site and Wild Tangz Services, and revoking permissions for further connection to the same. You will not receive any refunds if you terminate your User Account, or if this Agreement is otherwise terminated.
We reserve the right to suspend, cancel, or terminate your access to our Site or the Wild Tangz Services, in our sole discretion, at any time, and without prior notice with or without cause. We may suspend, cancel, or terminate your User Account if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm our company, our customers, or third parties. In addition, if you fail to comply with any terms and conditions of this Agreement, then your access to our Site or the Wild Tangz Services may be automatically terminated, without notice to you. You agree that we will not be liable to you or any third party for any termination of your account or access.
5. RIGHTS TO USE
5.1 Content. The Wild Tangz Services are data-driven and our Site is full of valuable content. When you access or use our Site or accept, acquire, inquire about, purchase, or seek Wild Tangz Services, you may have access to and use of content, data, information, materials, functionality, a user interface and user experience, including, without limitation, analyses, audio-visuals, branding, code, data, formulas, graphics, images, listings, logos, music, offerings, performance metrics, programming, projections, reports, software, statements, summaries, text, tools, or works of authorship of any kind (collectively, “Site Content”) that have been conceived and created by (a) Wild Tangz or its affiliates or their agents or third-party contractors (“Wild Tangz Content"), (b) nonaffiliated third parties that provide content on various levels of licensing (“Third Party Content”), or (c) other users of Wild Tangz Services (“User Content” and, together with Wild Tangz Content and Third Party Content, “Content”). Wild Tangz Services also may allow you to upload Site Content to the Site (“Your Content”). As between you and Wild Tangz, (i) Wild Tangz Content is and shall remain Wild Tangz’s sole and exclusive property, (ii) Third Party Content is and shall remain the sole and exclusive property of the nonaffiliated third parties that license such Content, (iii) User Content is and shall remain the sole and exclusive property of the other users of Wild Tangz Services who previously uploaded such Content to the Site, and (iv) Your Content is and shall remain your sole and exclusive property. For the sake of clarity, Wild Tangz Content does not include open source software.
5.2 Third Party Content. Certain items of software code provided with the Content are subject to “open source” or “free software” licenses. Each item of Third-Party Content is licensed under the terms of the license that accompanies such Third-Party Content. Nothing in this document limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for the Third-Party Content, including any rights to copy, modify, or distribute Third-Party Content under the applicable license.
5.3 Right to Use. Subject to your continued compliance with this Agreement and subject to our right to suspend or terminate your use or access as set forth in this Agreement or as may be required by applicable law or legal order, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, and commercial license to access and use the Wild Tangz Services, including Content and Your Content available at the Site, solely during the term of this Agreement; provided, that no license is granted in any jurisdiction prohibited in Section 4.
5.4 Restrictions on use. You hereby acknowledge and agree that:
a. all Content is protected by copyright, patent, trademark, trade secret, proprietary, or other intellectual property rights and laws;
b. you will not use any meta tags or other hidden text or metadata utilizing any Wild Tangz or third-party trademark, logo, URL, or product name without our express written consent;
c. you will not use or permit others to use Content for any unauthorized purposes (including, without limitation, for any direct marketing or telemarketing lists or applications);
d. you will not use Content in any way that violates any law, statute, ordinance, or regulation, or infringes upon the copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights or rights of publicity or privacy belonging to Wild Tangz, its affiliates, or any third party.
Additionally, you will not personally nor will you allow others to:
e. use, display, mirror or frame our Site or any individual element within Wild Tangz Services or the Site, or the name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a Site or page belonging to Wild Tangz, without our express written consent;
f. attempt to probe, scan, or test the vulnerability of our system or network or breach any security or authentication measures;
g. avoid, bypass, remove, deactivate, impair, de-scramble, or otherwise circumvent any technological measure implemented by us or any of our providers or other third party including another user to protect our Site, the Wild Tangz Services, or Content;
h. send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
i. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Wild Tangz Services or Content to send altered, deceptive or false source-identifying information;
j. attempt to decipher, de-compile, disassemble or reverse engineer any of the software used on or in connection with our Site;
k. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus or overloading, flooding, spamming, or mail-bombing our Wild Tangz Services;
l. access or use the Wild Tangz Services to collect from other users or store any other user’s personally identifiable information without their express written permission;
m. employ, operate, or create any computer program to simulate the human behavior of a user (“Bots”) on the Site (including the use or attempted use of Bots to purchase Wild Tangz NFTs on the Site);
n. knowingly purchase or offer for sale any Wild Tangz NFT which is stolen or otherwise taken from its rightful owner;
o. use or attempt to use another user’s account or wallet without authorization from that user; or
p. use the Wild Tangz Services for money laundering, terrorist financing, or other illicit finance activity, to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity, to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, or any other illegally obtained items, or, unless expressly authorized in writing by Wild Tangz to carry out any financial activities subject to registration or licensing.
You acknowledge sole responsibility for, and assume all risk arising from, your use of or reliance on any Third-Party Content. We reserve the right to investigate violations of this Agreement or other conduct that affects our Site, Wild Tangz Services, our rights, or the rights of third parties. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Wild Tangz reserves the right to immediately suspend your access to and use of the Wild Tangz Services if Wild Tangz suspects you have violated any obligations under this Agreement.
5.5 Your Content. By making any Your Content available through the Wild Tangz Services, you hereby grant to Wild Tangz and its affiliated companies an irrevocable, non-exclusive, transferable, sublicensable, worldwide, perpetual, royalty-free license with right to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute Your Content (a) in connection with operating and providing the Wild Tangz Services, (b) for Wild Tangz and its affiliated companies’ marketing and promotional purposes, and (c) in connection with any Wild Tangz NFTs displayed on other secondary sites and resources to which Your Content relates.
You are solely responsible for all Your Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in Your Content under this Agreement, and that Your Content is and will at all times throughout your use of the Wild Tangz Services remain accurate, complete, and truthful. You represent and warrant that Your Content, your use and provision of Your Content to be made available through the Wild Tangz Services, and use of Your Content by Wild Tangz, its affiliates, or other users on or through the Wild Tangz Services will not 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. Without limiting any of your obligations set forth in Section 5, your agree not to post, upload, publish, submit, or transmit any Site Content, or use Your Content or any other Content in a manner, that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, proprietary or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages conduct that violates, any applicable law or regulation or could 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.
5.6 Right to Remove Content. We reserve the right, but are not obligated, to monitor and to remove or disable access to any Content on the Wild Tangz Services, including Your Content, and links, at any time, for any reason, and without notice, including without limitation if we, at our sole discretion, consider any such Content (including Your Content) objectionable, potentially in violation of applicable law, or in violation of this Agreement. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) Your Content
5.7 No Endorsements. We do not endorse any users of our Wild Tangz Services nor do we endorse Third Party Content, User Content, Your Content, or other products or materials available through or on the Wild Tangz Services. Our Site may contain links or promotions for products and services of third parties, including companies that pay marketing or referral fees to us. Our promotion of such third-parties is intended to be a convenience to you, to introduce you to the company, and is not an endorsement of their services or products. You are never required to contact or use the services of the third parties mentioned to you by us. We disclaim any liability for any third-party information (including Third Party Content) or third-party products offered.
Third party sites will have their own terms of use, privacy policies, and security practices that are different than ours. It is your responsibility to read and understand the policies and practices of those sites before agreeing to use the site. You acknowledge sole responsibility for, and assume all risk arising from, your use of third-party sites or services.
6. TAXES
You are solely responsible for determining what, if any, taxes apply to your Wild Tangz NFT related transactions, and any other transaction conducted by you. Wild Tangz is not responsible for determining the taxes that apply to your transactions entered through the Site or otherwise involving any Wild Tangz NFT, or any other related transaction, and is not to act as a withholding tax agent in any circumstances whatsoever.
7. CHILDREN
The Site and the Wild Tangz Services are not intended for anyone under the age of eighteen (18) years old. We do not knowingly collect personal information from anyone under eighteen (18) years old. If you are under the age of eighteen (18) years old, do not use this Site, provide any information on this Site use any of the interactive features of this Site or the Wild Tangz Services, or provide any information about yourself to us.
8. OWNERSHIP
When you purchase Wild Tangz NFTs, you own the underlying NFT completely. This means that you have the right to swap your Wild Tangz NFTs, sell it, or give it away. Ownership of Wild Tangz NFTs are mediated entirely by the Cardano blockchain. Except as otherwise permitted by this Agreement or in cases where we determine that a Wild Tangz NFT has not been rightfully acquired from a legitimate source, at no point will we seize, freeze, or otherwise modify the ownership of any Wild Tangz NFTs.
If you violate this Agreement, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your User Account or remove your access to token-gated sections of the Site or Wild Tangz social media pages or use the Wild Tangz Services. If we remove your Wild Tangz NFTs access, such action will not affect your ownership rights in any Wild Tangz NFTs that you already own, but you will not receive a refund of any amounts you paid for those Wild Tangz NFTs.
9. WARRANTY DISCLAIMERS
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR (A) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO INFORMATION OBTAINED THROUGH THE SITE OR WILD TANGZ SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED OR LINKED TO THE SITE OR WILD TANGZ SERVICES, (B) ANY IDENTIFICATION, MISIDENTIFICATION, OR IMPERSONATION OF ANY USER OF THE WILD TANGZ SERVICES, OR (C) ANY LOSS OR DAMAGE ARISING FROM OR IN ANY MANNER IN CONNECTION WITH THIS AGREEMENT.
THE WILD TANGZ SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “WHERE IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Wild Tangz Services or any Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Wild Tangz Services.
Transactions on the Site may utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. You acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking, and theft, or changes to the protocol rules of the Cardano blockchain (e.g., "forks" and “merges”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your Wild Tangz NFTs, or lost opportunities to buy or sell Wild Tangz NFTs.
10. INDEMNIFICATION
You will indemnify, defend, and hold harmless Wild Tangz c, its affiliates and their respective officers, directors, employees, shareholders, contractors, and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Wild Tangz Services or any Content; (b) Your Content; (c) your violation of this Agreement or of any regulation or law in connection with the Wild Tangz Services or this Agreement; or (d) the acts or omissions of any third party related to your use of the Site, Wild Tangz Services, Your Content, or other Content..
11. DISPUTE RESOLUTION
11.1 Choice of Law. This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Kansas without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 11, the exclusive jurisdiction for all Disputes (defined below) that you and Wild Tangz c are not required to arbitrate will be the state and federal courts located in Johnson County, Kansas and you and Wild Tangz each waive any objection to jurisdiction and venue in such courts.
11.2 Mandatory Arbitration. You and Wild Tangz agree that any claim, controversy, or dispute arising out of or relating to this Agreement, or the breach, enforcement, interpretation, termination, or validity of this Agreement or use of the Site, Wild Tangz Services (collectively “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding, except that you and Wild Tangz retain the right to: (a) bring an individual action in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of a party’s patent, copyright, trademark, trade secret, or other intellectual property rights. The arbitration will be administered by the AMERICAN ARBITRATION ASSOCIATION ("AAA") in accordance with the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this Section 11, and will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) days of delivery of the demand for arbitration, then either party may request that the AAA appoint the arbitrator in accordance with AAA Rules.
11.3 Arbitration Location, Procedure, and Fees. Unless you and Wild Tangz otherwise agree, the arbitration will be conducted in Johnson County, Kansas. 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. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The prevailing party in any Dispute arising out of this Agreement shall be entitled to recover their reasonable attorneys' fees, costs, and expenses from the non-prevailing party.
11.4 Class Action Waiver. YOU AND WILD TANGZ 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 ACTION. If the parties’ Dispute is resolved through arbitration, the arbitrator shall not consolidate another person’s claims or 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 Section 11 other than the choice of law provisions shall be null and void.
11.5 Limitation of Liability. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your use of the Site and Wild Tangz Services remains with you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WILD TANGZ OR ANY OTHER OF ITS SERVICE PROVIDERS OR THIRD-PARTIES INVOLVED IN CREATING, PRODUCING, PROMOTING, OR DELIVERING THE SITE OR WILD TANGZ SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, MULTIPLE OF DAMAGES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OR INABILITY TO USE THE SITE OR WILD TANGZ SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WILD TANGZ 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 FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WILD TANGZ, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS , TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE FEES YOU HAVE PAID WILD TANGZ. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WILD TANGZ AND YOU. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF DAMAGES SET FORTH ABOVE DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. GIVEAWAYS/PROMOTIONS
Wild Tangz may, from time to time, run various giveaways or promotions. The terms and eligibility to participate in of those giveaways and promotions may vary. Unless otherwise stated in the giveaway rules, prizes are non-transferable. No substitution, cash redemption, assignment, or transfer of prize is permitted, except by Wild Tangz, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state, and local taxes, if any, related to a prize are the responsibility of the individual winner. Any disputes regarding giveaways or promotions shall be governed by this Agreement’s Indemnity, Dispute Resolution, and Limitation on Liability provisions.
Wild Tangz reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the giveaway process or operating in a way which is a violation of this Agreement, the giveaway rules, or in any unsportsmanlike or disruptive manner. Any attempt by any individual to deliberately undermine the legitimate operation of a giveaway may be in violation of criminal and civil laws and Wild Tangz reserves the right to seek damages from any such person to the fullest extent permitted by law. All giveaways and promotions will be void where prohibited or restricted by law. Potential giveaway winners are subject to verification by Wild Tangz, whose decisions are final and binding in all matters related to any giveaways or promotions.
13. GENERAL PROVISIONS
13.1 Survival. Expiration or termination of this Agreement shall not relieve the parties of any obligation that accrued before such expiration or termination. In addition to all other provisions contained in this Agreement that by their terms survive expiration or termination of this Agreement, the following provisions also shall survive expiration or termination of this Agreement: Sections 6-11 and 13 (including all subparts).
13.2 Severability. If any provision of this Agreement, as applied to either party or to any circumstance, shall be adjudged by a court or arbitrator to be void and unenforceable, the same shall in no way affect any other provision of this Agreement or the validity or enforceability thereof.
13.3 Notices. To the fullest extent of the law, any notices or other communications provided by Wild Tangz under this Agreement, including those regarding modifications, will be given to you by posting to the Site.
13.4 Interpretation. In resolving any dispute or construing any provision hereunder, there shall be no presumptions made or inferences drawn: (i) because the attorneys for one of the parties drafted the agreement; (ii) because of the drafting history of the agreement; or (iii) because of the inclusion of a provision not contained in a prior draft, or the deletion of a provision contained in a prior draft.
13.5 Provisions Contrary to Law. In performing this Agreement, the parties shall comply with all applicable laws and regulations. Nothing in this Agreement shall be construed so as to require the violation of any law, and wherever there is any conflict between any provision of this Agreement and any law, the law shall prevail, but in such event the affected provision of this Agreement shall be affected only to the extent necessary to comply with applicable law.
13.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties as to the subject matter hereof, and all prior negotiations, representations, agreements (whether oral or written) and understandings are merged into, extinguished by and completely expressed by this Agreement.
13.7 Modifications. We may update this Agreement from time to time in our sole discretion. If we do, we will notify you by posting a revised Agreement on this page with a revised “Last Updated” date, and we may (but are not required to) send other communications notifying you of such an update. It is important that you review this Agreement whenever we update it.
Wild Tangz may require you to provide consent to the updated Agreement in a specified manner before further use of the Wild Tangz Services is permitted. Otherwise, by continuing to use the Wild Tangz Services after we have posted an updated Agreement, it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Wild Tangz Services anymore.
Because our services are evolving over time, we may change or discontinue all or any part of the Wild Tangz Services, at any time, at our sole discretion. If we discontinue the Wild Tangz Services you still will own any NFTs which you purchased and the Agreement terms regarding for how you may use the graphics associated with those NFTs shall remain in effect.
13.8 Captions. The captions in this Agreement are for convenience of reference only and shall not govern the interpretation of any of the provisions hereof.
14. QUESTIONS OR FEEDBACK
If you have any questions about this Agreement, feedback on how to improve the Site or Wild Tangz Services, or otherwise wish to contact Wild Tangz, please submit via email at support@wildtangz.com.